Mark's practice is primarily focused on planning, property, commercial and public law matters. He was appointed a full-time Advocate Depute in March 2020.
Biography
Mark was a solicitor for 8 years before joining the Faculty of Advocates, working in the litigation department of a large local authority. Since calling to the Bar, Mark has been instructed in a range of planning, property, commercial, construction, professional negligence, licensing and public law matters. He has appeared in cases before the Inner House and Outer House of the Court of Session, including the Commercial Court; the Sheriff Principal; the Sheriff Court; the Lands Tribunal for Scotland; the Employment Appeal Tribunal; and the Employment Tribunal. He has also represented parties before Local Authority Licensing Committees.
Mark has an interest in arbitration, and in 2014 he completed a certificate in International Commercial Arbitration at the University of Dundee. He was Standing Junior Counsel to the Office of the Advocate General from 2019 to 2020.
Mark has been an Ad Hoc Advocate Depute for Crown Office since 2017 and in March 2020 he was appointed a full-time Advocate Depute.
Appointments
- Standing Junior to the Advocate General, 2019-2020
- Reporter, Session Cases, 2017-2023
- Ad hoc Advocate Depute, 2017-2020
- Advocate Depute, 2020-2022
- Senior Advocate Depute, 2022
Articles & Commentary
- Planning, Local Government & Administrative Law Case Update - May 2013
- Planning, Local Government & Administrative Law Case Update - April 2013
- Planning, Local Government & Administrative Law Case Update March 2013
- Planning, Local Government & Administrative Law Case Update February 2013
- Planning, Local Government & Administrative Law Case Update - January 2013
- Planning, Local Government & Administrative Law Case Update - December 2012
- Planning, Local Government & Administrative Law Case Update - November 2012
- Planning, Local Government & Administrative Law Case Update - October 2012
- Planning, Local Government & Administrative Law Case Update - September 2012
- Planning, Local Government & Administrative Law Case Update - August 2012
- Planning, Local Government & Administrative Law Case Update - July 2012
- Planning, Local Government & Administrative Law Case Update, June 2012
- Planning, Local Government & Administrative Law Case Update - May 2012
- Planning, Local Government & Administrative Law Case Update - April 2012
- Planning, Local Government & Administrative Law Case Update - March 2012
- Planning Permission and the Law of Nuisance
Recent Cases
Planning
- National Grid Property Ltd v Scottish Ministers - Acting as junior counsel for the appellant in appeal against the refusal of Listed Building Consent for the demolition of a disused gas holder.
- Advising a planning authority on the enforceability of its windfarm community benefits policy.
- Advising a planning authority on an application for variation of the conditions attached to planning permission for a windfarm.
- Advising the owners of a residential school as to whether the changes in the operation of the school amounted to a material change in use that required planning permission. A certificate of lawfulness of use was subsequently granted.
- Advising on the prospects of appealing against the refusal of planning permission for a residential caravan site.
- 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 successful pursuers in action for declarator and interdict relating to the creation of a servitude right of access by the operation of long negative prescription. Declarator and interdict granted, and defender's appeal to the Sheriff Principal abandoned.
- Life Property Management Ltd v Tsang - Acting for the defender in debate concerning the construction of a deed of conditions and the recoverability of legal expenses incurred by property factors in proceedings before the Private Rented Housing Panel. Factors' expenses held to be irrecoverable.
- John Russell v Vikki Russell - Acting for defender in action of reduction of a disposition on the ground of incapacity.
- Schoenberg v Beaumont - Advising pursuer in appeal to Sheriff Principal by the defender against the granting of an order of implement ad interim for restoration of the pursuer's private water supply. Appeal refused.
- Chief Constable v Aksakalli and Republic of Turkey - Acting for pursuer and real raiser in action of multiplepoinding in respect of a valuable ancient artefact claimed by several parties, including the Turkish government, following the end of criminal proceedings.
- 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 respondent in appeal to the Lands Tribunal for Scotland against the Board's refusal of an application under the right to buy legislation. Appeal refused (as a solicitor).
Commercial
- Maggie's Farm Boutique Ltd v Sharp and Dales - Acting for the defenders in action to enforce a restrictive covenant. At avizandum.
- The Land Exchange v Scottish Conveyancing Services - Acting for the pursuers in a professional negligence action against a licensed
conveyancing practitioner arising out of missives for the sale of a development site. - Khizer Khan v Glass McDowall - Acting for the pursuer in a professional negligence action against solicitors arising out of breach of missives for the sale of commercial premises. Preliminary proof on ex turpi causa non oritur actio fixed.
- P&M Quality Assurance Ltd v MacKellar Sub-Sea Ltd - Acting for defenders in commercial action for negligence 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 negligence arising out of the construction of a fish processing factory. Settled.
- Forrest v Fleming Buildings Ltd [2013] CSOH 105 - Acting for pursuer in action for negligence arising out of the construction of a house.
- JG Sibbald & Son Ltd v DMJ Associates [2014] CSOH 94 - Acting for pursuer in debate on prescription in action for negligence concerning the design of a footbridge.
- Boulter v Willis - Acting for pursuers in action for interdict against the holding of an adjudication. Interim interdict granted.
- Advising on the liability of builders and engineers for the loss of livestock following the failure of the electricity supply and ventilation system in a barn.
- Advising warehouse owners on the liability of builders for the defective construction of a new floor, where the premises were leased to a related company and the builders are now in liquidation. Considering "black hole" liability and the Third Party (Rights against Insurers) Act 1930.
Licensing
- Donoghue v The City of Edinburgh Council - Acting for pursuer in appeal against refusal of renewal of public entertainment licence (sauna case).
- Appearing for licence holder before a local authority licensing committee in an application for renewal of taxi driver's licence, following the applicant's acquittal for possession of indecent images of children.
- 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. Settled.
- 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. Decision of SSHD withdrawn.
Miscellaneous
- Urquhart's Executors v Urquhart - Acting for pursuers in action of reduction of confirmation. Reduction granted.
- Howat's Trustees v. Mitchell. Acting for pursuers in action of proving the tenor of an investment trust.
- Petition of Crawfurd Hill. Acting for petitioner in petition for suspension of a charge for payment. At avizandum.
- Scottish Borders Council v. Johnstone 2015 SLT (Sh Ct) 2 - Appearing for local authority in appeal to Sheriff Principal against the granting of a destruction order under the Control of Dogs (Scotland) Act 2010.
- Acting in numerous personal injuries and clinical negligence actions, for pursuers and defenders.
- Advising on an action for damages under the Equality Act 2010 against a supermarket who asked a disabled customer to leave their store.
- 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 - Acting for appellant in appeal to the Employment Appeal Tribunal. Appeal allowed (as a solicitor).
- Fatal Accident Inquiry in relation to the death of Elyse Powell. Appearing for City of Edinburgh Council (as a solicitor).