Mark A.C. Diel

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 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 levels 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 the 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 groundbreaking law 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 the 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 the breadth of his litigation 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)

Bar Admissions

• England and Wales, 1984
• Bermuda, 1985