Mark Boni#9966

Mark Boni

Mark called to the Scottish Bar in 2020, having qualified as a solicitor in 2014.

Mark has experience in a wide range of commercial, private and public law litigation. As a solicitor and latterly associate with a well-known litigation firm, he regularly appeared in the Sheriff Courts conducting proofs and debates and also acted for clients in a number of high profile judicial reviews. In addition, Mark has conducted many procedural hearings, opposed motions and interim order hearings, including urgent interdict hearings.

Mark has experience of litigating in the Sheriff Courts, Sheriff Appeal Court, Lands Tribunal, Court of Session (Outer and Inner Houses) as well as the UK Supreme Court. Mark also has experience in alternative dispute resolution, including arbitration and mediation.

Whilst devilling, Mark was a Lord Hope Scholar and was involved in a variety of complex and high value cases including contractual and property disputes, professional negligence claims and intellectual property actions.

Mark tutors “Commercial Law”, “Public Law of the UK and Scotland” and “Public Law and Individual Rights” at the University of Edinburgh.

Mark has a particular interest in contract, prescription, personal insolvency, private client litigation and human rights.

Mark is presently updating the “Prescription and Limitation” title for the Stair Memorial Encyclopaedia.

In 2022, Mark was ranked by Legal 500 as a tier 2 leading junior counsel for commercial disputes.
Contributed to

3

Limitation of actions in Scotland
Limitation of actions in Scotland
Practice Notes

This Practice Note explains the concept of limitation in Scots law. It covers the difference between limitation and prescription in Scotland and how to plead limitation. It summarises the law of limitation in relation to specific types of actions including personal injury claims, defamation actions and actionable types of malicious publication, harassment actions and recovery of property (proceeds of crime) and actions in respect of accidents caused by automated vehicles, construction products and product liability defects. It provides guidance on the interruption of certain limitation periods under Scots law and judicial discretion to override certain limitation periods.

Prescription in Scotland
Prescription in Scotland
Practice Notes

This Practice Note explains the concept of negative prescription and positive prescription under Scots law, focusing on the five year negative prescription (or short negative prescription) and 20-year negative prescription (or long negative prescription) periods as provided for in the Prescription and Limitation (Scotland) Act 1973 and as amended by the Prescription (Scotland) Act 2018. It also considers some other negative prescriptive periods (such as for joint wrongdoers in contract and delict and in consumer protection). It covers imprescriptible obligations and offers guidance on key prescription concepts including calculation of the prescriptive period, the appropriate date in short negative prescription, suspension of the short negative prescriptive period due to fraud, error and legal disability, interrupting the prescriptive period with a relevant claim or relevant acknowledgment and the burden of proof where a question of prescription arises.

Short negative prescription in Scotland—the prescriptive period for obligations to make reparation/pay
Short negative prescription in Scotland—the prescriptive period for obligations to make reparation/pay
Practice Notes

This Practice Note provides guidance on the special rules that apply in relation to the prescriptive period for obligations to make reparation/pay damages. It covers when such obligations become enforceable generally, modification due to a continuing act or omission and awareness of damage and causation (the ‘discoverability’ test). It provides an overview of the key cases on prescription in Scotland including the Supreme Court decisions in Morrison v ICL Plastics and Gordon’s Trustees v Campbell Riddell and the Court of Session decisions in Midlothian Council v Raeburn Drilling and Geotechnical Ltd, Loretto Housing Association v Cruden Building, WPH Developments v Young & Gault and C&L Mair v Mike Dewis Farm Systems Ltd. It also provides guidance on the statutory amendments to the discoverability test by the Prescription (Scotland) Act 2018 and notes the position regarding collateral warranties.

Practice Area

Panel

  • Scottish Panel

Qualified Year

  • Advocate: 2020; Solicitor: 2014

Experience

  • Balfour+Manson LLP (2012 - 2019)

Membership

  • TrustBar

Qualifications

  • Dip. LP (2012)
  • LL.M (Distinction) (2011)
  • LL.B (Hons) (2010)

Education

  • University of Edinburgh (2006-2012)

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