Gary Oliver
Senior Clerk
+44 (0) 207 822 7325
Mark regularly appears in the Administrative Court and the appellate courts (usually on behalf of public bodies facing judicial review claims and often in cases with a prominent human rights element) as well as in a range of disciplinary and regulatory tribunals. His particular areas of expertise (including advisory work) cover central government, professional regulators (especially in the health/care sector but also legal, financial, pensions, teachers and police regulators), utilities, immigration control, local government, freedom of information and data protection, environmental, media organisations and licensing bodies. Although Mark now has a broad client base, his experience and expertise are rooted in ten years’ service as Junior Counsel to the Crown from 1992 to 2002. Previously, Mark worked in a large firm of solicitors (Mallesons Stephen Jaques, now King & Wood Mallesons, in Melbourne), in the Legal Department of a local authority (Bournemouth Borough Council) and in the European Parliament’s Human Rights Unit (in Luxembourg, Strasbourg and Brussels). From 2005 until 2015 he held appointment and acted as a senior Special Advocate, approved by the Attorney General and cleared to a high level by the Security Services, to appear in terrorist cases.
In 2008 Mark became an accredited mediator, through CEDR. This is very much a growing part of his practice, now accounting for about a quarter of his time and covering all manner of disputes (ironically, mostly in the private not public sector). Increasingly, he deals with the more complex and weighty mediations, which demand advanced mediation skills and sometimes last for more than one day or even cover multiple parties, issues and sessions over weeks or months.
Mark is recognised by both of the main independent legal directories, Chambers & Partners and Legal 500, as a leading silk for his expertise in civil liberties, environment, professional discipline & regulatory (top tier) and as a mediator.
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Mark has a long-established practice, both as an advocate and adviser, in professional disciplinary and regulatory proceedings. Extensive work for almost all healthcare regulators lies at the core. They have instructed him regularly and frequently over many years, as a junior and in silk. His most important and regular regulatory clients include the Solicitors Regulatory Authority, the General Dental Council, the General Chiropractic Council, the General Optical Council, the General Osteopathic Council, the Nursing and Midwifery Council, the General Social Care Council, the Royal Institution of Chartered Surveyors, the Federation of Ophthalmic and Dispensing Opticians, the Royal Pharmaceutical Society, the General Teaching Council, the Legal Services Board, the Bar Standards Board, the Information Commissioner’s Office, the British Veterinary Association, the Metropolitan Police Authority, the Pensions Regulator and the Accountancy and Actuarial Discipline Board and financial services regulators in the UK and overseas, as well as a variety of local authorities, educational institutions, governing bodies and clubs .
Mark is not generally involved in the routine prosecution work. Instead, he appears before statutory committees and regulatory tribunals, the Administrative Court and the appellate courts (in judicial review claims and statutory appeals by registrants and the Professional Standards Authority, formerly the CHRE) when cases raise public law and human rights issues with implications beyond a single instance.
He also regularly advises a range of public authorities and professional, teaching and regulatory organisations and agencies on the application of public law principles and the Human Rights Act 1998 (especially articles 6, 8 and 10 of the ECHR) to their procedures both as regards general restructuring and specific issues. This has included, for example, advising the Metropolitan Police Authority regarding disclosure of the IPCC’s two reports on the shooting of Jean Charles de Menezes at Stockwell tube station and regarding the decision whether to bring disciplinary proceedings against senior officers. He has recently completed a detailed inquiry report, having been appointed as the independent investigator into a complaint made by a registrant against the head of a major UK professional regulator. As well as individual cases, Mark often deals with overarching points of principle and issues of law which act as precedents across a whole profession or activity. This includes advice and drafting on committee structures/procedures and on decision-making protocols, rules and regulations.
Legal 500 Hall of Fame.
Chambers & Partners Tier 1.
Chambers & Partners shortlisted (as one of three nominees) in October 2018 as “Silk of the Year” in Professional Discipline, when Blackstone Chambers won "Chambers of the Year" in the same category.
Many cases are too confidential to mention below.
“Mark Shaw KC is a tremendous asset.”
Chambers and Partners, 2025
“Mark is extremely competent and sophisticated in his approach.”
Chambers and Partners, 2025
“Mark has an approachable and professional manner, offering straight-to-the-point and practical advice and assistance.”
Chambers and Partners, 2025
“A leading silk practicing at the intersection of professional regulation and public law. He is razor sharp and easy to deal with.”
Legal 500, 2024
“He is a very impressive advocate.”
Chambers and Partners, 2023
“Mark Shaw KC is approachable and willing to work flexibly to meet aims.”
Chambers and Partners, 2023
“His advice has just been phenomenal, he's turned things around quickly and he's very clear. He's given us a huge amount of comfort that we have a clear and authoritative legal view.”
Chambers and Partners, 2022
“He is a class act: he has excellent knowledge and is able to present it beautifully.”
Chambers and Partners, 2021
“Super advocate and so classy in court.”
Chambers and Partners, 2021
“We value his super brain - he's incredibly sharp and a real expert in the area.”
Chambers and Partners, 2021
“His approach combines innovative strategy with exceptionally sound judgement.”
Legal 500, 2021
“An absolutely excellent barrister who operates at the top of the market.”
Chambers and Partners, 2020
“The go-to counsel for complex cases involving public law issues.”
Legal 500, 2017
“He is both extremely bright and very personable. He is the 'go to' counsel for complex, high-profile cases involving public law issues and has an incredible knowledge of his area of law.”
Chambers and Partners, 2016
“He's a bright guy, who is meticulous on paper.”
Chambers and Partners, 2016
“He has an incredible knowledge of this area of law.”
Legal 500, 2016
“His knowledge is encyclopaedic, he's personable and can understand the law and apply it in a creative manner”
Chambers and Partners, 2016
Advising on internal constitutional, voting and disciplinary procedures within a private members’ club.
Advising on rights/obligations to reclaim/refund professional registration fees paid to a regulator in error.
Representing and advising a foreign registrant before the Medical Practitioners Tribunal in a lengthy fitness to practise hearing arising from a criminal offence committed abroad without any direct equivalent in the UK. The legal issues involved the fairness and specificity of the allegations, as well as the applicability of the foreign offence.
Advising the SRA, and drafting its guidance, on sexual misconduct and integrity; and on individual cases arising under that guidance.
Advising a large (UK and global) professional regulator on its amenability in the UK to judicial review, along with the pros and cons of such amenability.
Representing and advising the General Dental Council in the Administrative Court in a CPR Part 8 claim by a registrant against an 18-month interim suspension order.
Advising the General Dental Council on the effect of an appeal on the duration of a sanction imposed after a review hearing.
Advising the General Chiropractic Council on the most efficient way lawfully to restructure and streamline the initial stages of its entire fitness to practise investigatory and decision-making process, without the need for primary and secondary legislation.
Representing and advising the General Osteopathic Council in the Administrative Court in a statutory appeal claiming that its Professional Conduct Committee (Chair and one lay panellist) rendered the registrant’s disciplinary hearing unfair by questioning her for too long in an unduly hostile, irrelevant and distressing manner akin to that of a prosecutor.
Advising the General Osteopathic Council on the proper treatment of a fitness to practise panellist who failed to disclose to the GOSC a suspension from work after a disciplinary complaint, thereby rendering her ineligible to sit as a panellist; and advising on the status/validity of decisions in which the panellist participated before the disqualification was revealed.
Advising UK professional health/pharmaceutical regulators on the scope for regulatory control over and disciplinary sanctions for remote (virtual) prescribing.
Advising the General Optical Council (“GOC”) on the scope of its regulatory and disciplinary jurisdiction over the conduct of laser eye surgery by a high street business: whether better classified as optometry (within the GOC’s jurisdiction) or surgery (a matter for the GMC).
Representing and advising a GP, facing being struck-off the Medical Register by the Medical Practitioners’ Tribunal, in disciplinary proceedings brought on the back of a criminal conviction for sexual assault on a patient, while that conviction was still under appeal.
Advising a senior officer of the General Dental Council (“GDC”) on possible challenges to the legality and substance of a draft report to be published by the Professional Standards Authority (“PSA”) criticising the way in which the GDC had operated, investigated and reported on its own compliance with statutory procedures.
Compliance with the duty to give reasons for findings. The extent of a panelist’s duty to disclose misconduct to the Council, and to recuse themselves from sitting.
Advised the Legal Services Board on the process and legality of its investigation into the extent of alleged interference by The Law Society with the exercise by the Solicitors Regulation Authority of its regulatory functions.
Advised the SRA on the legality of arrangements operated by some personal injury legal services firms involving the payment of referral fees to third parties, and the prospects of success for enforcement action.
Advised and appeared for the GDC to resist a High Court judicial review challenge to the interpretation and application of the statutory triage test applied to every complaint made to the GDC against a dentist. The Claimant argued that the test was set far too high, and that many more complaints should reach the final disciplinary committee.
Advised and appeared for the NMC to resist a High Court appeal concerning the circumstances in which the NMC can review and re-open a complaint once it has been dismissed.
Advising the SRA on a possible judicial review challenge to a procedural decision made by a professional disciplinary tribunal in proceedings brought by the SRA against a former politician and a qualified solicitor.
Advised the General Optical Council on proceedings under section 13C of the Opticians Act 1989 seeking disclosure from Which? of information about allegedly sub-standard opticians revealed by a mystery shopper investigation and article concerning improper eye tests on the high street.
Advised and successfully appeared for the GMC in resisting a judicial review challenge to the disclosure of expert reports to complainants in medical disciplinary cases under domestic statute and common law and under article 8 of the ECHR (right to private and family life). Also advised and represented the GMC in various similar cases featuring the same issue.
Advised and appeared successfully for the GDC in a statutory (High Court) appeal regarding the existence and extent of the power of a public body to review and revise its own decisions if based on a fundamental mistake of fact, in particular: to pursue disciplinary proceedings against practitioners who had been erroneously removed from the professional register and then reinstated.
Also in 2013 advised and appeared successfully for the GDC before its disciplinary committee in a parallel case: General Dental Council v Donaldson.
Advising the General Osteopathic Council on the proper treatment of vexatious, frivolous and repetitive complaints by the Good Thinking Society, on resisting a threatened judicial review challenge to the application of its statutory fitness to practise procedures to such complaints and on amending those procedures.
Allied advice on the drafting and legality of a new regime for continuing professional development, and the status of connected guidance.
Advised the NMC in lead cases determining the jurisdiction to review and replace lesser sanctions with a striking-off order in certain types of case.
Advised various regulators on substantive and procedural aspects of disciplinary proceedings which might arise from the independent report into the inadequate care provided at Mid-Staffs hospital.
Mark became a CEDR accredited mediator in October 2008. Since then he has mediated all manner of disputes: commercial, tort, professional negligence, (re)insurance, corporate/partnership, neighbours/boundaries/land, landlord & tenant, costs, immigration, employment/workplace, industrial relations & trade unions, misconduct & misfeasance, family, pensions, care, social services, health, educational institutions and clubs, student discipline, religious institutions, media, financial services (commercial and regulatory/enforcement), health & safety, police, utilities, EU, discrimination and harassment, property development, public sector and public procurement (both private law and public law claims). Some take just a few hours, most last a day (and occasionally much of the night). Some weighty, sensitive, complex and/or high profile mediations have lasted multiple days or multiple sessions over weeks or months. Mark's strong background in public sector, public law, civil liberties and human rights work gives him an unusual depth of insight into the legal, presentational, financial, personnel and policy issues which often tax public and regulatory bodies. This experience extends to central and local government bodies, professional disciplinary and regulatory agencies, police authorities, pension funds, utilities and media organisations.
Since accreditation, Mark’s mediation practice has expanded through membership of the IPOS Mediation, CEDR (Centre for Effective Dispute Resolution) and the CMC (Central Mediation Council). IPOS Mediation boasts a small and select panel of some of the country’s (indeed, the world’s) leading and most active mediators. In recent years many lawyers (and non-lawyers) have qualified as mediators and claim to be active. In reality, remarkably few actually do any regular mediating. It is a relatively small minority of mediators who have most of the practical experience. Mark is one of them. In the last few years his mediating has expanded markedly, and now takes about a quarter of his time. It has evolved to feature larger, lengthier, more complex, high value, high profile, knotty and sensitive disputes/mediations; both in the UK and in various overseas jurisdictions. They often cover multiple parties, issues and areas of law, and demand creative solutions using advanced mediator skills. Usually, but not always, they involve long-running high-temperature disputes against the background of vigorous litigation. This busier practice has been both caused by and reflected in Mark’s rising ranking in the directories, including his elevation to the Legal 500 Hall of Fame (for mediation and in three other categories).
He has mediated a wide array of disputes, by no means limited to his main areas of practice. Recently, this has included various civil actions against different police forces, several professional negligence disputes, a long and complex four-party dispute about the allocation of millions of pounds of past, present and future social care costs between different public agencies, various discrimination/harassment/disciplinary claims in workplace and educational settings, a claim for damages/remediation in respect of a large contaminated industrial site, a joint mediation (with Lord Woolf) over what was said to have been the largest ever costs bill in UK civil litigation (after settlement of a very substantial negligence/nuisance claim brought by thousands of claimants as a class action), an industrial relations dispute arising from changes to the pension arrangements for 1000s of public sector workers, an international mediation about the legality and scale of enforcement action taken by the financial services regulator in an important offshore jurisdiction and a dispute between the government and the entire judiciary of an overseas jurisdiction regarding pension arrangements.
Allied to mediation, Mark has also conducted some (public sector) adjudications and inquiries, which involve mediation skills in dealing with both parties and witnesses. Recently, he acted as an independent investigator for a major UK professional regulator, reporting on a complaint made by a registrant against the organisation’s head. Previously, he acted as a hybrid mediator/adjudicator/ visitor for Exeter University dealing with a challenge by the Christian Union to (1) its suspension from the Students’ Union for refusing to allow non-Christian members to become members or leaders and (2) the requirement for it to be renamed the Evangelical Christian Union. A judicial review claim by the Christian Union under the Human Rights Act 1998 (articles 9, 10 & 11 of the ECHR), against the underlying decision and the adjudication, was stayed pending the mediation/adjudication, then revived and dismissed by the Administrative Court.
Adjudication published on www.exeter.ac.uk.
Legal 500 Hall of Fame, 2022.
The mediated disputes are necessarily too confidential to mention below, save by way of the broadest summary.
“He adopts a very calm and empathetic approach while also cultivating an air of authority that clients respect.”
Chambers and Partners, 2021
“An exceptional performer who has unparalleled expertise in public sector mediations.”
Chambers and Partners, 2021
“Mark Shaw KC was excellent. He is very clear and helpful. His style was open and realistic, and he spelt out the reality to us, when necessary, at certain junctures.”
Chambers and Partners, 2021
“Recommended”
Legal 500, 2015
“Immensely knowledgeable and reassuring.”
Chambers and Partners, 2010
“Complete moral and intellectual integrity.”
Chambers and Partners, 2010
Judicial review of regulatory reports criticising and sanctioning financial services providers for alleged breaches of ant-money laundering legislation.
Ongoing mediation of a judicial review claim involving four local authorities and one NHS care commissioning group contesting the allocation of past, present and future adult social care costs.
Similar claim between different local authorities for reimbursement of historic care costs in relation to a vulnerable child.
Private and public law challenge to the process followed and sanctions applied by a university against a student, after an investigation triggered by complaints from other students and teachers. Several other mediations involving claims of discrimination, harassment and bullying within educational establishments and private clubs.
Employment claim arising from alleged workplace discrimination and victimisation within investment bank .
Mediating to settlement a claim brought by a large multinational company against a waste transport and landscaping company for alleged contamination of a decommissioned industrial site.
Mediating to settlement a High Court civil claim against the police for damages brought by a private individual injured during a stop and search on the public highway.
Mediating a High Court claim for damages and HRA declarations brought by individuals/groups the scope of whose public meeting had been limited. Alleged breaches of the right of free assembly, freedom to impart information and misfeasance.
Mediating to a settlement a claim brought by a client against a firm of solicitors for failing properly/promptly to pursue a damages action against the police.
Successfully mediating two allied long-running industrial relations disputes arising from changes to the pension arrangements of 1000s of public sector workers.
Mediating a multi-million pound dispute under the Public Contracts Regulations 2015, arising from the decision of an NHS Trust to abandon a public procurement process after selection of a strategic estates partner for a large hospital redevelopment scheme but just before the award of any contract.
Successfully mediating a claim for damages brought by the victim of an attack by a police dog. The dog handler had responded to a domestic burglary 999 call but the dog attacked the homeowner instead of the burglar.
With Lord Woolf, former Lord Chief Justice, mediating a commercial dispute regarding the assessment (taxation) of a costs bill running to many millions of pounds after the settlement of massive group litigation arising from dumping of chemicals in Africa. Said to be the largest costs bill in English legal history, at the time.
Mediating High Court claims for substantial damages under the Human Rights Act 1998 and for misfeasance and negligence arising from withdrawal by the Home Office of sponsor licences issued under the Immigration Act and Rules to education and training colleges serving foreign students.
Mediating a High Court commercial dispute regarding the sale, servicing and development of land in Virginia Water, Surrey.
Mark has established his reputation in this area by regular appearances in the higher courts (especially the Administrative Court) and tribunals on behalf of an array of government departments and agencies, regulators, trade associations, companies and individuals. He has a particular expertise in judicial review, statutory appeals and regulatory law in the fields of professional discipline, healthcare, transport, utilities, national security (as a Special Advocate), environment, freedom of information, immigration, local government, media, health and safety, nature conservation, advertising standards, waste disposal, construction, tobacco regulation and licensing. His Crown work involved numerous leading and high profile cases in the UK and Strasbourg, including the challenges by Myra Hindley and by the killers of James Bulger to their life sentences for murder as well as the applications to the Parole Board by the latter for release. Early in 2010 he appeared as the Lead (Senior) Special Advocate representing an alleged terrorist who successfully resisted deportation to Algeria. As regards his advisory work, much involves helping to establish or refine regulatory procedures, and to guide decision-making processes, capable of withstanding public law and human rights challenges. Many cases are too confidential to mention below.
Legal 500 Hall of Fame: Professional Discipline/Regulatory & Environmental law.
“Mark is both very bright and very personable. He is the “go to” counsel for complex, high profile cases involving public law issues.”
Legal 500, 2023
“He is deft at crafting arguments in the most difficult of cases.”
Legal 500, 2019
“Down-to-earth, professional advice. He is user-friendly, bright and able to analyse complex situations with ease”
Chambers and Partners, 2017
“Mark is both extremely bright and very personable, he is the go-to counsel for complex, high-profile cases involving public law issues.”
Chambers and Partners, 2016
“He is a very good lawyer, he is considered and thinks about all the issues, and he understands the politics of organisations so he advises in a way which minimises damage to our reputation.”
Chambers and Partners, 2016
“Utterly reliable and very insightful.”
Legal 500, 2015
Representing a UK local authority on a possible challenge to new import checks and infrastructure for goods arriving from the EU.
Advising on the interpretation, legality and impact of legislation transferring large private sector pension schemes into the public sector.
Representing and advising the General Dental Council in the Administrative Court in a CPR Part 8 claim by a registrant against an 18-month interim suspension order.
Representing and advising a foreign registrant before the Medical Practitioners Tribunal in a lengthy fitness to practise hearing arising from a criminal offence committed abroad without any direct equivalent in the UK. The legal issues involved the fairness and specificity of the allegations, as well as the applicability of the foreign offence.
Advising the SRA, and drafting its guidance, on sexual misconduct and integrity; and on individual cases arising under that guidance.
Advising a large (UK and global) professional regulator on its amenability in the UK to judicial review, along with the pros and cons of such amenability.
Advising a group of large former public sector pension funds on the compatibility of new pensions legislation with public law and human rights principles, with a view to amending that legislation before or during its Parliamentary passage.
Appeared for the Government of the Cayman Islands in the Grand Court, resisting a judicial review challenge to the constitutionality of a referendum on a proposed new cruise liner port.
Representing and advising the General Osteopathic Council in the Administrative Court in a statutory appeal claiming that its Professional Conduct Committee (Chair and one lay panellist) rendered the registrant’s disciplinary hearing unfair by questioning her for too long in an unduly hostile, irrelevant and distressing manner akin to that of a prosecutor.
Advising the SRA on a possible judicial review challenge to a procedural decision made by a professional disciplinary tribunal in proceedings brought by the SRA against a former politician and a qualified solicitor.
Advising the SRA on the legality of arrangements operated by some personal injury legal services firms involving the payment of referral fees to third parties, and the prospects of success for enforcement action.
Mediating a multi-million pound dispute under the Public Contracts Regulations 2015, arising from the decision of an NHS Trust to abandon a public procurement process after selection of a strategic estates partner for a large hospital redevelopment scheme but just before the award of any contract.
Successfully mediating two allied long-running industrial relations disputes arising from changes to the pension arrangements of 1000s of public sector workers.
Mediating High Court claims for substantial damages under the Human Rights Act 1998 and for misfeasance and negligence arising from withdrawal by the Home Office of sponsor licences issued under the Immigration Act and Rules to education and training colleges serving foreign students.
Advising the General Osteopathic Council on the proper treatment of vexatious, frivolous and repetitive complaints by the Good Thinking Society, on resisting a threatened judicial review challenge to the application of its statutory fitness to practise procedures to such complaints and on amending those procedures.
Allied advice on the drafting and legality of a new regime for continuing professional development, and the status of connected guidance.
Representing and advising a GP, facing being struck-off the Medical Register by the Medical Practitioners’ Tribunal, in disciplinary proceedings brought on the back of a criminal conviction for sexual assault on a patient, while that conviction was still under appeal.
Advising a UK power company on a judicial review claim challenging the legality of an Ofgem decision under EC Regulation 2016/1222 on the sharing of costs between power providers and transmission companies for electricity supplied via the North Sea cable linking the UK with the Netherlands.
Advising the General Chiropractic Council on the most efficient way lawfully to restructure and streamline the initial stages of its entire fitness to practise investigatory and decision-making process, without the need for primary and secondary legislation.
Advising the General Dental Council on the effect of an appeal on the duration of a sanction imposed after a review hearing.
Advising the General Optical Council (“GOC”) on the scope of its regulatory and disciplinary jurisdiction over the conduct of laser eye surgery by a high street business: whether better classified as optometry (within the GOC’s jurisdiction) or surgery (a matter for the GMC).
Advising the General Osteopathic Council on the proper treatment of a fitness to practise panellist who failed to disclose to the GOSC a suspension from work after a disciplinary complaint, thereby rendering her ineligible to sit as a panellist; and advising on the status/validity of decisions in which the panellist participated before the disqualification was revealed.
Advising a senior officer of the General Dental Council (“GDC”) on possible challenges to the legality and substance of a draft report to be published by the Professional Standards Authority (“PSA”) criticising the way in which the GDC had operated, investigated and reported on its own compliance with statutory procedures.
Advising Flood Re, the statutory reinsurance company established under the Water Act 2014 to promote flood insurance for affected properties, on the nature and meaning of its framework document: especially the extent to which its commercial autonomy could be constrained by delegated authorities imposed by DEFRA.
With Lord Woolf, former Lord Chief Justice, mediating a commercial dispute regarding the assessment (taxation) of a costs bill running to many millions of pounds after the settlement of massive group litigation arising from dumping of chemicals in Africa. Said to be the largest costs bill in English legal history, at the time.
Advised Network Rail on release of internal information and on threatened contempt proceedings arising from the inquiry and Coroner’s Inquest into the fatal injury of two girls at Elsenham level crossing in 2005.
Compliance with the duty to give reasons for findings. The extent of a panelist’s duty to disclose misconduct to the Council, and to recuse themselves from sitting.
Advised the Legal Services Board on the process and legality of its investigation into the extent of alleged interference by The Law Society with the exercise by the Solicitors Regulation Authority of its regulatory functions.
Advised and appeared for the GDC to resist a High Court judicial review challenge to the interpretation and application of the statutory triage test applied to every complaint made to the GDC against a dentist. The Claimant argued that the test was set far too high, and that many more complaints should reach the final disciplinary committee.
Advised and appeared successfully for the GDC in a statutory (High Court) appeal regarding the existence and extent of the power of a public body to review and revise its own decisions if based on a fundamental mistake of fact, in particular: to pursue disciplinary proceedings against practitioners who had been erroneously removed from the professional register and then reinstated.
Also in 2013 advised and appeared successfully for the GDC before its disciplinary committee in a parallel case: General Dental Council v Donaldson.
Advised and appeared for the NMC to resist a High Court appeal concerning the circumstances in which the NMC can review and re-open a complaint once it has been dismissed.
Advised the SRA on the legality of arrangements operated by some personal injury legal services firms involving the payment of referral fees to third parties, and the prospects of success for enforcement action.
Advised and successfully appeared for the GMC in resisting a judicial review challenge to the disclosure of expert reports to complainants in medical disciplinary cases under domestic statute and common law and under article 8 of the ECHR (right to private and family life). Also advised and represented the GMC in various similar cases featuring the same issue.
Advising the NFU on the legality of establishing a panel of solicitors required to be used by members in return for NFU environmental litigation support.
Advised the GMC in resisting a judicial review challenge to the absence of foreseeable and accessible guidance from all three defendants on the exposure of professionals (solicitors and doctors) who advise/assist a suicide, following the Pretty and Purdy cases in the House of Lords and ECtHR. Breach of article 8 of ECHR (right to private and family life) was alleged. (Did not appear at the hearing, as unavailable.)
Successfully advised and appeared for a group of 19 water companies and water & sewerage companies faced with various extensive requests to disclose environmental information under the Environmental Information Regulations 2004 (especially to a property search company and representative sporting body). The judgment is the first under the new tribunal structure to involve an appeal leap-frogging the First-tier Tribunal because it turned on a point of law of general importance, namely: whether such companies are “public authorities” for the purposes of those Regulations. The Upper Tribunal held that they are not, and so are under no obligation to disclose environmental information; upholding the companies’ earlier victory before the Information Commissioner. Beyond that preliminary point, the case raises issues about the ambit of “environmental information” and the application of various exceptions top the duty to disclose (including national security). In mid-2012 the Upper Tribunal referred the Fish Legal case to the ECJ for a preliminary ruling, which is expected sometime in 2014.
Advised the NMC in lead cases determining the jurisdiction to review and replace lesser sanctions with a striking-off order in certain types of case.
Resisted extradition to Spain of a British citizen facing theft and fraud charges arising from commercial dealings in the Middle East, Spain and UK in the 1980s and 1990s. Proceedings in three jurisdictions (Spain, UK and the ECtHR) raised human rights, procedural and extradition grounds of challenge to the Home Secretary’s extradition decision. The substantive judicial review was heard in the Divisional Court in March 2013, while the ECtHR application remains pending.
Mark has a broad based Civil Liberties practice which dovetails with his Public Law work.
Legal 500 Hall of Fame.
See the Public Law section for relevant cases.
“Mark is a personable and engaging barrister. He is extremely thorough in preparation, and amenable to adapting as required for the particular client.’”
Legal 500, 2023
“Excellent technical legal knowledge, clear and concise drafting, highly persuasive advocacy, very personable and down to earth.”
Legal 500, 2022
“Absolutely focused and provides an excellent service.”
Legal 500, 2021
“Combines phenomenal forensic intelligence with great personal charm.”
Legal 500, 2018
“Absolutely focused and provides an excellent service.”
Legal 500, 2019
“Absolutely focused and provides an excellent service.”
Legal 500, 2019
“A real heavyweight”
Legal 500, 2016
“Notable expertise in human rights law within a commercial context.”
Legal 500, 2015
Representing a UK local authority on a possible challenge to new import checks and infrastructure for goods arriving from the EU.
Advising on the interpretation, legality and impact of legislation transferring large private sector pension schemes into the public sector.
Appeared for the Government of the Cayman Islands in the Grand Court, resisting a judicial review challenge to the constitutionality of a referendum on a proposed new cruise liner port.
Mediating High Court claims for substantial damages under the Human Rights Act 1998 and for misfeasance and negligence arising from withdrawal by the Home Office of sponsor licences issued under the Immigration Act and Rules to education and training colleges serving foreign students.
Representing and advising the General Osteopathic Council in the Administrative Court in a statutory appeal claiming that its Professional Conduct Committee (Chair and one lay panellist) rendered the registrant’s disciplinary hearing unfair by questioning her for too long in an unduly hostile, irrelevant and distressing manner akin to that of a prosecutor.
Advising the General Osteopathic Council on the proper treatment of vexatious, frivolous and repetitive complaints by the Good Thinking Society, on resisting a threatened judicial review challenge to the application of its statutory fitness to practise procedures to such complaints and on amending those procedures.
Allied advice on the drafting and legality of a new regime for continuing professional development, and the status of connected guidance.
Advising the General Osteopathic Council on the proper treatment of a fitness to practise panellist who failed to disclose to the GOSC a suspension from work after a disciplinary complaint, thereby rendering her ineligible to sit as a panellist; and advising on the status/validity of decisions in which the panellist participated before the disqualification was revealed.
Advising the General Optical Council (“GOC”) on the scope of its regulatory and disciplinary jurisdiction over the conduct of laser eye surgery by a high street business: whether better classified as optometry (within the GOC’s jurisdiction) or surgery (a matter for the GMC).
Advising the SRA on a possible judicial review challenge to a procedural decision made by a professional disciplinary tribunal in proceedings brought by the SRA against a former politician and a qualified solicitor.
Advising a senior officer of the General Dental Council (“GDC”) on possible challenges to the legality and substance of a draft report to be published by the Professional Standards Authority (“PSA”) criticising the way in which the GDC had operated, investigated and reported on its own compliance with statutory procedures.
VAT registration number: 494806409
Barristers regulated by the Bar Standards Board
Gary Oliver
Senior Clerk
+44 (0) 207 822 7325
Derek Sutton
Deputy Senior Clerk
+44 (0) 207 822 7327
Adam Sloane
Deputy Senior Clerk
+44 (0) 207 822 7326
Dean Tolman
Clerk
+44 (0) 207 822 7331
Billy Brian
Clerk
+44 (0) 207 822 7339
Marc Armstrong
Clerk
+44 (0) 207 822 7330
Adam Fuschillo
Clerk
+44 (0) 207 822 7329
Danny Compton
Clerk
+44 (0) 207 822 7338
Sophie Reeve
Clerk
+44 (0) 207 822 7324
Toby Dennison
Clerk
+44 (0) 207 822 7328
Daniel Higgins
Clerk
+44 (0) 207 822 7322
Lilly-Grace Hilliard
Clerk
+44 (0)20 7822 7234