Mark Side
Partner
Head of Litigation and Dispute Resolution
Practice Areas:
Litigation and Dispute Resolution, Mediation, Employment Law
Jurisdictions:
England and Wales (1986) (non-practising), Hong Kong (1992)
Mark has extensive commercial litigation experience in both the UK and HK and has worked on restrictive covenant cases involving departing partners of law firms. Mark acts for shareholders, main contractors, financial companies, public companies and accountants.
A part of Mark's work is for the Law Society's Solicitors Disciplinary Tribunal and the Disciplinary Committee of the Hong Kong Institute of Certified Public Accountants and involves the prosecution of professional negligence cases within these professions.
Mark and his team also advise on non-contentious matters such as on contract terms and employment matters, in particular on termination of employment contracts and on the enforceability of restrictive covenants.
Mark is a CEDR accredited mediator (see the website at www.CEDR.com). In the last several years Mark has focused on this form of alternative dispute resolution, both as a mediator and as solicitor to parties involved in mediation. As a mediator Mark has sat in a number of partnership disputes. As a party to mediation, Mark has worked with solicitors, financial intermediates, derivative traders and Sindhi export companies.
- Conducting one of the largest cases in Hong Kong concerning a barrister's professional duty, which generated litigation in Hong Kong, England and various courts in the United States of America.
- For a number of years he has conducted litigation for a major PRC bank and handled cases concerning letters of credit and the extent of a banker's duty of care to customers.
- Conducting landmark employment action in Hong Kong acting for departed partner of a well-known Hong Kong firm.
- Acting for the board of directors in a Hong Kong public company abandoned by chairman involved in cross-border investigations for fraud. Obtaining the appointment of Receivers for the public company and advising on the management of the public company to date.
- Successfully obtaining judgment in favour of siblings deprived of their deceased father's valuable estate. The action involved the interpretation of the testamentary document and forged company documents.
- Insolvency Interest Group
- Foreign Correspondents' Club, Hong Kong
- Oxford and Cambridge Society
- Royal Asiatic Society
Over the last few years Mark has given talks and presentations in Hong Kong and Asia on commercial litigation, including:
- Litigation Tactics
- The Strategic Use of Litigation Procedures
- Mareva injunctions
Mark is listed as a leading individual for dispute resolution in the Asia Pacific Legal 500 2009/2010 edition, which says: "Tanner De Witt's renowned litigator Mark Side is valued by clients, who instruct the 'well-rounded' practice in negligence claims and insolvency matters...".
Asia Pacific Legal 500 2007/2008: "Tanner De Witt has a fine standing in Hong Kong thanks to the prominence of Mark Side, a veteran of numerous high-profile cases."


