Mark Boni
Mark Boni called to the Bar in 2020, having qualified as a solicitor in 2014. Since 2022, Mark has been ranked by Legal 500 as a tier 2 leading junior in commercial disputes and since 2024 has been ranked as a tier 1 leading junior in private client and family disputes. In the UK Bar Guide 2025, Chamber & Partners identified him as an “up and coming” junior counsel in commercial dispute resolution as well as real estate litigation.
Mark has experience in a wide range of commercial and private law litigation, with a particular interest in contractual and property disputes, prescription, personal insolvency and private client litigation.
He regularly appears for pursuers and defenders at proofs, debates, procedural hearings, opposed motions and interim orders hearings.
Mark has experience, both as a solicitor and at the Bar, 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 professional negligence claims and intellectual property actions.
Since 2012, Mark has tutored part-time at the University of Edinburgh. He presently tutors “Commercial Law” and “Contract and Unjustified Enrichment” and previously tutored “Public Law of the UK and Scotland” and “Public Law and Individual Rights”.
Mark wrote the reissue edition of “Prescription and Limitation” in the Stair Memorial Encyclopaedia (published 2023) and has rewritten the Scottish prescription and limitation online content for Lexis+.
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Scottish Arbitration Centre holds annual training day
The Scottish Arbitration Centre held its annual arbitrator training day in Edinburgh on 7 November, which featured Ampersand’s Usman Tariq.
The event, which was sponsored by FTI Consulting, saw delegates from various professions attend, with speakers including Sir David Edward QC, Honorary President of the Centre; Lindy Paterson QC, Chair of Domestic Subcommittee of Centre’s Arbitral Appointment Committee and Barrister at 39 Essex Chambers; Leigh Herd, Honorary Secretary of CIArb Scottish Branch; Craig Tevendale, Partner, Herbert Smith Freehills; and Fiona Menzies, Business and Development Manager at the Centre.
The focus for the afternoon workshops was intellectual property disputes, delivered by John Mackenzie, Partner, Shepherd and Wedderburn, and Usman Tariq, Advocate at Ampersand Advocates. They said:
“We were delighted to deliver a workshop at the Scottish Arbitration Centre’s Annual Arbitrator Training Day to promote the use of arbitration in IP / IT disputes.
While IP disputes have traditionally been litigated in the courts, there is increasing use of arbitration for IP disputes around the world. There are several advantages of arbitrating IP disputes in Scotland which will appeal to both Scottish and international businesses.
Confidentiality and the need for an early decision from an informed decision-maker can be of paramount importance to businesses, particularly in the fast-moving world of technology. Arbitration will appeal to businesses as they can resolve their dispute without fear of putting commercially sensitive material in the public domain which can happen in court proceedings. In contrast to the trend in England, the parties retain absolute anonymity in Scotland even if court proceedings follow the arbitration. Arbitration can offer the parties control over the procedure and an earlier decision than in the court process together with extremely limited rights of appeal which provides the parties more certainty about the duration of the process and finality in the dispute. The parties also have the autonomy to choose their decision-maker and can appoint an arbitrator with the necessary expertise and qualifications for their dispute. If parties choose to arbitrate, most of the remedies that are available in court proceedings will be available to the arbitrator and the parties also retain the right to seek interim orders, such as interim interdict (an interim injunction), by making an application to the court at any time during the arbitration process. All of these factors will appeal to businesses as well as third party funders. In addition, arbitration can be particularly effective for resolving international IP disputes as it can avoid multi-jurisdictional litigation and arbitral awards can be enforced around the world.
Whilst not every IP case will be suitable for arbitration, many disputes are suitable and advisers are encouraged to consider whether arbitration offers their clients the best prospects of an efficient and beneficial outcome to their disputes.”
Andrew Mackenzie, Chief Executive of the Centre, who chaired the event, said:
“We are delighted to have hosted another successful arbitrator training day. I am particularly pleased that we continue to attract a mix of professionals to our annual event, with advocates, solicitors and surveyors exchanging experiences in best practice.
It was particularly valuable to explore the advantages of arbitrating IP disputes in Scotland, and I am grateful to John and Usman for all their input with the event. Scotland’s arbitration system has provision for breach of confidence and also anonymity for parties in respect to any reference to our Court, meaning that sensitive disputes that are subject to Scottish arbitration have the benefit of privacy, unlike in many other jurisdictions. Therefore, I hope our unique system will attract more arbitration to Scotland.”
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Ampersand Advocates Top Rankings success in latest Chambers and Partners UK Bar Guide
Ampersand has again received top tier rankings across a number of areas of practice in the latest published guide to the legal profession, Chambers and Partners UK Bar Guide 2020.
Ampersand received 60 listings across 16 areas of practice, ranking as top tier (band 1) in Clinical Negligence as a Set, and band 2 in Administrative & Public law, Civil Liberties & Human Rights, Commercial Dispute Resolution, Planning & Environment, Personal Injury, Product Liability and Restructuring/Insolvency as a Set. 5 members are noted as “star individuals”.
Noted as a Band 1 set for Clinical Negligence, Ampersand has 18 rankings in this area, including 2 “Star Individuals”. The guide says “Ampersand dominates the Scottish medical negligence market due to its outstanding reputation and impressive offering of advocates. It has a wide selection of juniors and silks at the stable, who act on behalf of both claimants and defenders. Members have far-reaching expertise, covering all areas of clinical negligence, including the most severe birth injuries, fatal surgical errors and cancer cases, as well as widely publicised group actions concerning medical device liability, such as the pelvic mesh litigation. Instructing solicitors point out that the set “has depth and very strong, specialised practitioners.” The clerks also receive high praise “The service is first class. The clerks are extremely approachable, very helpful and nothing is too much trouble for them.” “Alan Moffat is the lead clerk and is a good point of contact. He is helpful and accommodating, so I can go directly to him if I need something urgently.” The “Star Individuals” are Maria Maguire QC and David Stephenson QC.
Band 2 listings include Administrative and Public law where Ampersand is noted as a “Highly regarded stable which possesses several standout advocates acting in important constitutional, commercial and human rights cases. The advocates represent petitioners and respondents in judicial reviews, advise public bodies on the interpretation of regulations and legislation, and act for core participants in public inquiries”. In Civil Liberties & Human Rights the Band 2 listing notes Ampersand as a “A highly regarded stable, Ampersand Advocates has members who represent both claimants and defendants in high-profile civil liberties and human rights cases. Advocates regularly appear at the highest courts in Scotland and the UKSC, as well as the ECtHR and CJEU.”.
In Commercial Dispute Resolution it states “Ampersand Advocates is a highly regarded stable, noted for its involvement in a wide range of complex commercial disputes. The stable houses a number of experienced commercial advocates at both silk and junior levels, and attracts instructions from a diverse client base that includes several financial institutions and large corporates. Its advocates offer expertise in professional negligence, construction and commercial contracts disputes, as well as matters involving intellectual property, planning and insolvency.”
Ampersand’s Commercial expertise is further noted in Restructuring and Insolvency, which includes “Star Individual” David Sellar QC, stating Ampersand “Ampersand Advocates is a strong stable, housing some of the most distinguished restructuring and insolvency advocates in Scotland. It is a go-to stable for companies and their directors, banks and various government departments seeking restructuring advice and representation in major insolvency cases. Members are also regularly instructed by insolvency practitioners to assist with asset recovery matters, and offer significant expertise in international asset-tracing.”
Ampersand’s Personal Injury work is again acknowledged with the guide noting “A highly regarded stable in the personal injury market, Ampersand Advocates retains its reputation as a go-to stable for all manner of injury claims. In addition to offering representation to pursuers in complex and high-value catastrophic and fatal injury claims, the stable’s advocates are also regularly instructed by defenders, and have experience acting on behalf of government agencies and several major insurers. Areas of particular strength for the stable include cases arising from RTAs, accidents at work and accidents abroad, and its advocates are noted for their expert handling of complex employers’ and occupiers’ liability claims. The tenants are also frequently called upon to represent a variety of parties, including local authorities, health boards and bereaved families in fatal accident inquests. Instructing solicitors praise Ampersand as “a very professional stable which provides a high level of service,” adding that “you can tell that everyone there really cares about what they’re doing.”. The clerks get a special note for being “very organised and you can rely on the team to get back to you.” “The clerks are very good at dealing with any queries and are very flexible and very friendly – you never have any difficulties getting in touch with them.” “The clerking team is friendly, reliable, quick at responding and always happy to help.” The “very proactive and easy to deal with” Alan Moffat is the head clerk.” The listing includes Maria Maguire QC and Graham Primrose QC as “Star Individuals”.
In Planning and Environment it states “Ampersand Advocates is distinguished for the substantial planning and environmental expertise of its advocates. It acts for local authorities and all kinds of developers in cases heard at all levels of the court system, including the Supreme Court. The environmental aspects of energy developments are a great source of instructions for Ampersand Advocates. Members of the stable are regularly involved in high-profile matters, including the public inquiry into the refusal of planning permission for the development of the Royal High School in Edinburgh, a challenge to the planning consent for Aberdeen FC’s new stadium and a Supreme Court case dealing with the complexities of European law in relation to a wind farm development.” This includes “Star Individual” Malcolm Thomson QC.
Ampersand is also a Band 2 set in Product Liability stating “A respected presence in the product liability field, with a strong track record of representing pursuers and defenders in a broad array of claims. The stable is able to draw on its impressive capabilities in professional liability and personal injury.”
Ampersand’s full listings can be viewed on the Chambers and Partners website here.
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Ampersand Advocates ‘goes above and beyond at all times’ in latest Legal 500 UK Bar listings
Ampersand is delighted to be once again be recommended as a top-tier set by The Legal 500 UK Bar Directory in their latest listings for 2019 published today.
The guide says “‘From a user’s perspective’, Ampersand Advocates ‘goes above and beyond at all times to assist wherever possible’. Like the other Scottish stables, a diverse range of work comes through its doors, however, tort, real estate, and commercial matters are key strengths, and arbitration is a growing area of focus. ‘All the clerks are friendly, accommodating and very professional’, however at the most senior level Alan Moffat ‘will go out of his way to make sure you get the right counsel for the job’, and his deputy Sheena Hume is ‘particularly efficient and easy to deal with’. Vinit Khurana QC and Una Doherty QC took silk in 2018.”
Ampersand has 36 listings across 10 areas of practice in the Legal 500 UK 2019 guide. The Scottish bar section can be viewed here.
Civil liberties, human rights, public inquiries, and public and administrative law (including local government)
Key areas of work at Ampersand Advocates include EU law, judicial review, and procurement matters. Aidan O’Neill QC recently lead on behalf of the petitioners in Wightman v Secretary of State for Exiting the European Union, an Court of Justice of the European Union case concerning if it was possible for a member state to revoke its notification of intent to leave the European Union under Article 50.
Leading Seniors
Aidan O’Neill QC – Ampersand Advocates ‘ Intellectually impressive and creative in his approach to dealing with issues of public law. ’
Douglas Ross QC – Ampersand Advocates ‘ Highly intelligent and tenacious, with good common sense ’
Dorothy Bain QC – Ampersand Advocates ‘ Highly recommended for civil liberties work. ’
Leading Juniors
Laura-Anne van der Westhuizen – Ampersand Advocates ‘ A first-class legal mind who deals well with complicated cases. ’
Timothy Young – Ampersand Advocates ‘ Technically excellent in public procurement matters. ’
Commercial litigation
Ampersand Advocates is home to a strong contingent of commercial litigators, with experience in a wide range of commercial cases. Notable recent highlights include Take-Two Interactive Software Inc and Rockstar Games Inc v Aaron Renicks, in which Usman Tariq acts, as junior to Roddy Dunlop QC for the developers of Grand Theft Auto who are pursuing a claim against the developer of a modification for the game. Giles Reid recently acted for the borrower in a case concerning the oral variation of a loan agreement, as well as interim orders preventing the lender from commencing bankruptcy.
Leading Seniors
Alan Dewar QC – Ampersand Advocates ‘ Hugely experienced, completely unflappable and always fights his client’s corner. ’
Robert Howie QC – Ampersand Advocates ‘ His depth of knowledge in commercial matters is unparalleled. ’
Leading Juniors
Ross Anderson – Ampersand Advocates ‘ Never afraid to take on even the largest of legal challenges. ’
Giles Reid – Ampersand Advocates ‘ A legal encyclopaedia. ’
Usman Tariq – Ampersand Advocates ‘ His advice and knowledge is consistently of the highest standard. ’
Company and insolvency
Members of Ampersand Advocates are particularly experienced in insolvency matters, acting for all parties in such cases. Of recent note, Timothy Young recently acted for the liquidators in Rowallan Asset Management Limited v Morris & Co, which involved a claim for gratuitous alienation (a transfer under value to dissipate assets) relating to a large agricultural property holding company.
Leading Seniors
David Sellar QC – Ampersand Advocates ‘ His technical knowledge of company and insolvency law makes him a go-to. ’
Leading Juniors
Timothy Young – Ampersand Advocates ‘ Clients appreciate his confident yet approachable demeanour. ’
Employment
Russell Bradley of Ampersand Advocates acts for employers in a wide range of first instance matters, with particular expertise of defending whistle-blowing and unfair dismissal claims.
Russell Bradley – Ampersand Advocates ‘ Extremely tenacious when needed and great with clients. ’
Intellectual property, information technology and media
Usman Tariq at Ampersand Advocates is highly recommended for contentious intellectual property matters, as well as maintaining a substantial presence in the IT sector, particularly in matters concerning gaming and digital applications. Recent instructions include a substantial trade mark infringement and passing off dispute between two manufacturers of electronic cigarettes, where Tariq acted for the pursuers, as well as conducting breach of interdict cases on behalf of large rights-holders such as Sky and the Performing Right Society.
Usman Tariq – Ampersand Advocates ‘ The best all-round IP junior in Scotland. ’
Personal injury and medical negligence
Ampersand Advocates is home to one of the key teams in personal injury and clinical negligence within Scotland, and has ‘real strength in depth’ across all levels of call. Members have significant expertise in all areas of such work, with recent cases including fatal accidents, medical device litigation, catastrophic injury and birth injury. A notable recent case for the set is Gibson v Babcock International, a leading case on the issue of secondary exposure to asbestos, in which Simon Di Rollo QC led for the pursuers.
Leading Seniors
Lisa Henderson QC – Ampersand Advocates ‘ Highly numerate, excellent at drafting complex schedules of loss and very personable. ’
Geoffrey Mitchell QC – Ampersand Advocates ‘ Highly respected by both health boards and claimant solicitors ’
Douglas Ross QC – Ampersand Advocates ‘ A relatively new silk who already posesses all the qualities of an experienced one. ’
Simon Bowie QC – Ampersand Advocates ‘ Recommended for significant clinical negligence cases. ’
Una Doherty QC – Ampersand Advocates ‘ Extremely reliable, quick-witted and efficient. ’
Maria Maguire QC – Ampersand Advocates ‘ Combines superb advocacy skills and a forensic attention for detail. ’
Simon Di Rollo QC – Ampersand Advocates ‘ Highly experienced in industrial disease claims. ’
Lauren Sutherland QC – Ampersand Advocates ‘ Leaves no stone unturned to find a path to a successful outcome. ’
Leading Juniors
Jamie Dawson – Ampersand Advocates ‘ Fantastic at dealing with complex medical evidence and technical details. ’
Fiona Drysdale – Ampersand Advocates ‘ Well-prepared, good with clients and has an eye for detail. ’
Chris Marney – Ampersand Advocates ‘ A very safe pair of hands with good commercial sense. ’
Jennifer Nicholson – Ampersand Advocates ‘
A strong negotiator who has achieved fantastic results for clients. ’
Planning, environmental and licensing
Ampersand Advocates is home to planning law specialists Marcus McKay QC and Laura-Anne van der Westhuizen, who are often instructed in complex or high-profile inquiries and appeals. Notable recent highlights include McKay’s representation of The Viking Wind Farm in a consent application under crofting legislation, and Westhuizen’s work on behalf of the Scottish ministers in an appeal lodged by a dairy farm following the refusal of planning permission for a large greenbelt development.
Leading Seniors
Marcus McKay QC – Ampersand Advocates ‘ Highly experienced in energy-related planning work. ’
Leading Juniors
Professional Negligence
Members of Ampersand Advocates are instructed by both pursuers and defenders in professional negligence cases, across the full range of industry sectors. Recent highlights include Midlothian Council v Bracewell Stirling, where Paul Reid acted as a junior to Alastair Duncan QC on behalf of the defenders, an architectural firm alleged to be liable for negligent ground investigations carried out by another company.
Paul Reid – Ampersand Advocates ‘ One to watch for professional negligence matters. ’
Property, construction and agriculture
Members of Ampersand Advocates are instructed in a wide range of commercial development and property disputes, as well as agricultural issues and nuisance claims. Timothy Young recently advised the defenders on several potential cases concerning property damage caused by incorrectly constituted mortar in the development of a large residential estate.
Leading Seniors
Leading Juniors
Ross Anderson – Ampersand Advocates ‘ Definitely one to watch for property litigation. ’
Timothy Young – Ampersand Advocates ‘ Exceptionally intelligent with a gift for honing in on the points that matter. ’
Tax, trusts and pensions
Ross Anderson at Ampersand Advocates has significant experience acting for HM Revenue and Customs in both the First-Tier and Upper Tribunals. He also appeared as appearing as a junior to Kieron Beal QC of Blackstone Chambers in London, again on behalf of the Revenue, in the Supreme Court case Frank A Smart & Sons v HMRC, which concerned the deductability of VAT incurred when purchasing entitlements to the Single Farm Payment, a European Union farming subsidy.
Ross Anderson – Ampersand Advocates ‘ He has made a sure-footed transition from academia to the Bar. ’
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Ampersand advocates recognised as leaders in their field in Who’s Who Legal 2019: UK Bar 2019
Ampersand Advocates is delighted that 4 members are recognised as leaders in their field in the latest guide from Who’s Who Legal: UK Bar 2019.
Robert Howie QC (Construction), David Sellar QC (Restructuring and Insolvency), Craig Sandison QC (Intellectual Property) and Usman Tariq (Intellectual Property) have been identified by independent research with clients and peers as being amongst the UK’s leading counsel.
Full listings on WWL: UK Bar 2019 can be found on their website here: www.WhosWhoLegal.com.
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WS Society event: Intellectual Property Conference
WS SOCIETY PRESENTS
Former President of the UK Supreme Court, the Rt Hon Lord Neuberger of Abbotsbury, will give the keynote address to open our annual conference on IP law. Lord Neuberger will reflect on IP cases over which he has presided during his career. Lord Neuberger will be joined by other expert speakers to explore current issues in IP regulation and dispute resolution. Book now to participate in a varied technical morning of IP law, policy and regulation.
Speakers:
- The Rt Hon Lord Neuberger of Abbotsbury
- Robert Buchan (Partner, Brodies)
- Joanna Boag-Thomson (Partner, Shepherd + Wedderburn)
- Martin Cooke (General Counsel and Secretary, The Edrington Group)
- Usman Tariq (Ampersand Advocates)
- Martin Sloan (Partner, Brodies)
- Jason Chester (Trade Mark Attorney, Marks & Clerk)
Sessions:
- Reflections on IP litigation across the UK Courts
- Scotland as a jurisdiction for the resolution of IP disputes
- GDPR one year on – issues for IP lawyers
- The implications of the ‘Gig Economy’ and flexible working on IP protection
- An in-house perspective on IP and brand protection
- IP case law update – the top 3 cases of 2018
Delegate rates:
- Writers to the Signet: £150 + VAT
- Non members: £200 + VAT
- Trainee/Student: £80 + VAT
All rates include lunch at the Signet Library
CPD: 3 hours (Law Society of Scotland)
For more information please contact Anna Bennett WS
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