Mark A.C. Diel
Senior Counsel
Mark is a Director of Marshall Diel & Myers Limited with over 30 years of experience. After completing his pupillage in London, Mark started his practice in Bermuda in 1987 gaining a broad experience in criminal, civil, constitutional and administrative litigation. Mark and fellow director Ronald Myers formed their law partnership in 1998 bearing the name Diel & Myers Limited. Diel & Myers quickly established a reputation as one of the top litigation firms in Bermuda. In 2002, Marshall and Aicardi joined with Diel & Myers to become Marshall Diel & Myers Limited.
Expertise
Mark is widely regarded as one of the top commercial litigators in Bermuda and he has developed his reputation as a tenacious and no-nonsense advocate. He has appeared as advocate in all level of courts in Bermuda and has appeared before the Privy Council. When necessary he works as part of an international team of commercial litigation attorneys and works closely with Queen’s Counsel and instructing attorneys from major firms in England, Canada and United States.
Mark has a wealth of litigation and corporate experience, and specialises in contentious commercial litigation. He has appeared as counsel in most of the significant insolvency cases in Bermuda over the past 15 years across a number of business fields including funds, insurance and telecommunications. He was involved in the Focus case which developed ground breaking law in concerning the liability of Bermuda directors in relation to acts of negligence in an insolvent company. His other significant cases have made new law and practice in relation to applicability and enforceability of RICO statutes, the roles of liquidators in litigation generally, the enforcement of overseas arbitrations and company compliance with anti-money laundering provisions.
While Mark’s current practice focuses on commercial litigation with particular emphasis on corporate insolvency, restructuring and bankruptcy, Mark has also been involved in some of the most important constitutional cases in Bermuda which assisted in defining the right to a fair trial and the right to protection from deprivation of property.
Mark also has extensive experience in administrative law in particular telecommunications law having been involved in litigation representing major service providers including the Bermuda Telephone Company, Logic Communications and Telebermuda International.
Mark’s clients benefit from their breadth of his ligation experience and knowledge. They appreciate his focused approach that keeps an eye on the realities of commercial litigation. Mark is highly regarded by his clients for his thoroughness, litigation savvy and practical advice.
Notable Cases
Appeared for the company and the Bermuda Registrar of Companies in the IPOC liquidation
Appeared for a third party defendant in the Mentor liquidation
Appeared for the directors in the Apex Liquidation
Acted for a creditor in the Manhattan liquidation
Appeared for a creditor of the long term account in the matter of Lehman Re
Appeared for the liquidators of Stewardship Credit Arbitrage Fund
Appeared for the Petitioner in the Renaissance Capital Holdings proceedings
Appeared as counsel in the restructuring of Highland Crusader Fund
Acts for the Corporation of Hamilton in numerous legal and administrative actions
Capital Partners Securities Co Ltd v Sturgeon Central Asia Balanced Fund Ltd [Court of Appeal] [2018] CA (Bda) 5 Civ
St. John’s Trust Company (PVT) Limited v James Watlington et al [2020] SC (Bda) 19 Civ (26 March 2020)
Education
Queen’s University, Ontario, Canada (B.A., Psychology, 1982)
University of Buckingham (LL.B., 1984)
Bar Admissions
England and Wales, 1984
Bermuda, 1985
Industry Associations
Member, Bermuda Bar Association
Former member, Bermuda Bar Council
Standing Member, Fees Complaints Committee, Bermuda Bar Council
Commissioner for Oaths
Notary Public
Justice of the Peace
Fellow, Chartered Institute of Arbitrators
Director, Bermuda Chamber of Commerce
Director, Bermuda Employees Assistance Program