Barrister Profile

Main Areas of Practice

Commercial Law
Criminal Law

Biography

Mark Mulholland, K.C.,SC has significant experience litigating criminal, commercial, judicial review, inquest and regulatory cases and has appeared in several hundred trials throughout the United Kingdom and Ireland since 1994.

Mr. Mulholland represents corporations and individuals in matters involving a wide range of UK, US and International enforcement agencies, including the SFO, HMRC, FCA, NCA, SOCA, MI5, and the US DOJ and the SEC.He has acted in a number of commercial fraud cases for international clients involved in multi jurisdictional investigations / litigation. He has led internal investigations, advised US, UK and Irish companies relating to a variety of laws including financial misconduct and bribery. He has appeared in a number of high profile criminal trials and he has led legal teams comprising junior and senior counsel in several cases.He appears regularly for companies and individual directors in health and safety prosecutions and handles complex civil litigation in parallel to criminal investigations/proceedings. Mr Mulholland has also prosecuted and defended respondents in regulatory and disciplinary hearings including lawyers and members of the police. He is also on the senior prosecution panel for the Public Prosecution Service in Northern Ireland.

Mr. Mulholland took Silk in 2011.He is also a member of the Bars of Ireland, England and Wales and Grand Cayman. In 2010 he served as Chairman of the Professional Conduct Committee of the Bar of Northern Ireland and was Chairman of the Bar of Northern Ireland and the Executive Council of the Inn of Court between 2012 to 2014.

He acquired an LLM in commercial law from the University College Dublin, has taught part time on the insolvency law LLB course at Queens University Belfast and the vocational Bar Course at the Institute of Professional legal Studies. He has delivered talks to governmental agencies on the Proceeds of Crime Act, Company Director Disqualification and Wrongful Trading, Deaths in the Workplace & Corporate Liability. He has advised on the provisions of the Fraud Act 2006 and Bribery Act 2010 as well as conducting internal investigations and advising on remediation and compliance in several jurisdictions. He has spoken at a number of international conferences and previously delivered the Bar of E&W International Rule of Law lecture which was later published and has also written for Counsel on the Bribery Act and Deferred Prosecution Agreements.

Qualifications

Queen’s University, Belfast - LLB (Hons)

University College, Dublin - LLM

Called to the Bar of Northern Ireland 1993

Called to the Inner Bar of Northern Ireland 2011

Called to the Bar of Ireland 1999

Called to the Bar of England & Wales 2015

Bencher of the Inn of court of Northern Ireland 2016

Called to the Bar of Grand Cayman 2017

Call to the Inner Bar of Ireland – October 2023

Fellow of the International Academy of Trial Lawyers 2015

Member of the International Society of Barristers 2021

Director of the International Academy of Trial Lawyers 2023

Experience

Recently Reported Cases

PPS v Robert Beggs [2023] NICA 24 - Prosecution appeal/successful application to stop the criminal trial/hearsay evidence- upheld by Court of Appeal

In the matter of an application for judicial review by Gary Best [2022] NIKB 71 - PSNI disciplinary proceedings/ IHR/RUC pension regulations 1988 & 2015 statutory interpretation

CAO v Sec of State for the Home Office [2023] NICA 14 - McCloskey LJ currently under appeal by the Home Office to the UKSC Statutory interpretation S55 Borders, Citizenship & Immigration Act 2009

In the matter of an application for judicial review by Margaret Brady [2023] NIDIV 1 - Challenge by the NOK re PPS decision to discontinue criminal prosecution for murder against soldier B (Div Court)

In the matter of an application by Gerry Duddy & Ors for Judicial Review [2022] NIQB 23 - Bloody Sunday - non prosecution challenges against former soldiers / discontinuation of prosecution against soldier F

M4 v Coroners Service for Northern Ireland [2022] NICA 6 - Keegan LCJ Privilege against self-incrimination / Judicature Act (NI) Act

Public Prosecutors Office of Athens Court of Appeal v O’Connor [2022] UKSC 4 - Extradition / surrogacy principle / Art 3 ECHR

In the matter of an application by the Director of Public Prosecutions for Northern Ireland for an order of committal against Man Tai Cheuk [2022] NIKB 26 - Contempt of court / Proceeds of crime / breach of High Court restraint Order

R v Gault, Lesley Ann [2004] NICA 25; [2005] BNIL 19, Gault, Lesley Ann v United Kingdom [2007] All ER (D) 297, [2008] Crim LR 476 finding against the UK Govt before the European Court of Human Rights.

Further Cases

R v Soldier F (Bloody Sunday) criminal trial x 7 counts murder / attempted murder – proceedings ongoing

DPP v Paul Lavery & Ors (CCJ Dublin) –representation of financial controller / compliance officer - conspiracy to defraud investors in Custom House Capital after investigation by Central Bank of Ireland Feb 2023

R v McComb & Ors – Instructed by the PPS in the prosecution of company directors and ancillary co-conspirators in HMRC VAT carousel fraud – ongoing

Trafalgar Developments LTD & Ors v Mazepin & Ors High Court (Commercial) Dublin Barniville J

R v MD Limited representation of company director on 11 counts of fraud. Ongoing

R v McStravick & Ors – represented businesswoman charged as part of Vat construction fraud & money laundering alleged to be the largest fraud case taken before the courts in N Ireland

R v Paul Doherty and others 2017 NICA 53 : Representing company and company director on 30 charges of evasion of duty in excess of £30 million. Ongoing

Representing a corporate client in the Cooke Commission of Inquiry Dublin re NAMA sale of £1.2 billion sale of a distressed property portfolio. Ongoing

R v Trevino Bodden (Grand Cayman) appealing for Bodden in his constitutional challenge and tariff hearing before the Grand Court of the Cayman Islands regarding the new life tariff system for life sentence prisoners (April 2017)

R v H & Ors: Successfully represented an individual charged with vat fraud and deception by negotiating a suspended sentence and no proceeds of crime liability.

Successful represention client in a multi-jurisdictional fraud & bribery investigation in Ireland, UK and USA involving the DOJ, SEC, NCA & Garda

R v Denis Light - successful reduction in sentence on fraud conviction before the NI Court of Appeal on grounds of exceptionality.

R v McKenna – successful acquittal of police custody Sgt charged with gross negligence manslaughter after 6 week jury trial

R v Forte - acquittal of serving police detective on charges of misconduct in public office (March 2018) and successful representation before PSNI Disciplinary panel resulting in withdrawal of all charges

R v McD Successfully represented Governmental official on charges of alleged corruption involving the payment of subsidies/grant funding plus successful High Court settlement for malicious prosecution

R v EM & others Successfully represented client on charges of fraudulent evasion of excise duty, £60 million contrary to S 170 (1) (b) of the Customs and Excise Management Act 1979 & converting proceeds of crime.