Our Advocates

Professional Information:

Year of Call: 2011
Devil Masters: Malcolm B. McGregor, Ronaldo A. Renucci, Gavin J. Walker
Qualifications: LL.B (Hons) University of Aberdeen; Dip. L.P. University of Aberdeen


Biography:

Mark was a solicitor for 8 years prior to calling to the bar, working in the litigation department of a large local authority. He has experience of a wide variety of local government practice, including administrative law, licensing, statutory appeals, property, environmental law, employment, reparation and mental health. He has appeared in cases before the Inner House and Outer House of the Court of Session; the Sheriff Principal; the Sheriff Court; the Lands Tribunal for Scotland; the Employment Appeal Tribunal; and a number of other first instance Tribunals. He has also represented parties before a local authority licensing committee and at a high profile Fatal Accident Inquiry.

Since calling to the bar, Mark has been instructed in a range of planning, property, commercial, construction, licensing and public law matters.

Recent Cases:

Planning

• National Grid Property Ltd v. Scottish Ministers. Acting as junior counsel for the appellants in appeal against the refusal of Listed Building Consent for the demolition of a disused gas holder.
• Advising landowner on the terms of a lease for the development of a hydroelectric scheme so as to ensure that the future development of a wind farm is not prejudiced.

Property

• Sidebottom v. Green. Acting for pursuers in action for declarator and interdict relating to the creation of a servitude right of access by the operation of long negative prescription.
• Advising Chief Constable on the disposal of a valuable ancient artefact claimed by several parties, including the Turkish government, following the end of criminal proceedings.
• Advising on action for negligence arising out of defective missives.
• Bellway Homes Ltd v. McIntosh. Acting for the developers of a new housing scheme in action for interdict arising out of nuisance caused by the owner of adjacent property.
• Methven v. Lothian and Borders Fire and Rescue Board. Acting for the Board in appeal to the Lands Tribunal for Scotland against the refusal of an application under the "Right to Buy" legislation.

Commercial

• P&M Quality Assurance Ltd v. MacKellar Sub-Sea Ltd. Acting for defenders in action for payment arising out of a contract for quality assurance services in connection with welding in the oil and gas industry.
• AGRI Energy Ltd v. McCallion. Acting for defender in action for interdict arising out of a restrictive covenant.

Construction

• Piper Seafoods Ltd v. Hall & Towse Ltd. Acting as junior counsel for the pursuers in action for breach of contract arising out of the construction of a fish processing factory.
• Forrest v. Fleming Buildings Ltd. Acting for pursuer in action for breach of contract arising out of the construction of a house.
• Boulter v. Willis. Acting for pursuers in action for interdict against the adjudicator in a construction dispute.

Licensing

• Appearing for licence holder before a local authority licensing committee in an application for renewal of an HMO licence.
• Acting for licence holder in relation to an application for review of a premises licence made by the Chief Constable.

Administrative Law

• Petition of CS. Acting for petitioner in petition for judicial review of decisions of the Mental Health Tribunal for Scotland and the petitioner's Responsible Medical Officer.
• Petition of Smith and Low. Appearing for curator ad litem in petition to the Inner House for directions under Section 6(vi) of the Court of Session Act 1988 as to the interpretation of a trust deed.
• Petition of MO. Acting for petitioner in petition for judicial review of the refusal of the SSHD to accept a fresh claim for asylum.
• Advising on the liability of a local authority in negligence for financial losses suffered by an incapable adult arising from the failure of the local authority to supervise the adult's carer, in breach of its statutory obligations.

Miscellaneous

• Chief Constable of Lothian and Borders Police v. Robert Greens. Acting for the pursuer in a high profile application for a Sexual Offences Prevention Order in respect of the "Da Vinci rapist".
• Acted as junior counsel for the Crown in several murder trials.
• Lothian and Borders Fire and Rescue Service v. Gray UKEATS/0001/09/B1; acting for appellant in appeal against a decision of the Employment Tribunal.
• Scotland Against Crooked Lawyers v. The City of Edinburgh Council. Acting for respondents in appeal to the Sheriff Principal against dismissal of an action seeking return of the appellants' deposit for standing in the 2007 Scottish Parliament elections.
• Fatal Accident Inquiry in relation to the death of Elyse Powell. Appearing for City of Edinburgh Council.