Legal Guidance and Research / Experts / Mark Hastings
Mark Hastings#6042
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Mark Hastings

BTO Solicitors LLP
I am Senior Associate and a Solicitor Advocate in BTO’s litigation department.

I qualified in 2010 having undertaken a specialised fixed seat traineeship with an insurance litigation firm. I have specialised in insurance litigation throughout my career, qualifying into a role dealing with professional negligence claims predominantly against solicitors.

I currently act for a number of major insurers in the defence of large loss personal injury actions. This includes actions arising out of occupational stress, fatal accidents, chronic pain disputes and catastrophic injury litigation. I have been the principal solicitor in a number of reported decisions.

My practice also includes acting as an in-house Solicitor Advocate in a range of disputes including actions arising out of property damage, clinical negligence and professional liability claims.

I have specialised in litigation since undertaking my traineeship in 2008 and have conducted proofs, debates and motion hearings in the Sheriff Court and Sheriff Appeal Court. Since being admitted as a Solicitor Advocate in 2018 I have expanded my advocacy practice into the Court of Session.

I regularly provide training seminars for clients, together with editing and coordinating BTO’s weekly insurance publication, BTOverview.

Practice Area

Panel

  • Scottish Panel

Qualified Year

  • 2010

Membership

  • Law Society of Scotland
  • Society of Solicitor Advocates

Qualifications

  • LLB Hons (2.1) (2007)
  • Diploma in Legal Practice (2008)
  • Admitted as a civil solicitor advocate (2018)

Education

  • University of Glasgow (2003-2007)
  • University of Copenhagen (2006)
  • Glasgow Graduate School of Law (GGSL) (2007-2008)

1 Contributions by Mark Hastings

Preserving legal professional privilege in Scottish civil litigation: recovery routes (AJ(S)A 1972, commission and diligence, FOI, subject access requests), waiver risks and practical guidance with case studies
PRACTICE NOTES
Preserving legal professional privilege in Scottish civil litigation: recovery routes (AJ(S)A 1972, commission and diligence, FOI, subject access requests), waiver risks and practical guidance with case studies
This Practice Note outlines legal professional privilege (LPP) in Scottish civil litigation. It should be read alongside Practice Note: Privilege in Scotland—general principles, which sets out the two main categories of legal professional privilege: legal advice privilege (LAP) and litigation privilege (LP), and also refers to without prejudice privilege, waiver of privilege and common interest privilege. For the position in England and Wales, see: Privilege and without prejudice communications—overview and Practice Note: Privilege—general principles which, in addition to providing an overview, link to more detailed guidance on aspects of LPP. Key: FOI—freedom of information LAP—legal advice privilege LP—litigation privilege LPP—legal professional privilege Accessing privileged material in Scottish civil litigation In Scotland, several mechanisms enable recovery of otherwise privileged documents or communications, either within proceedings or outwith the court process, including: section 1 of the Administration of Justice (Scotland) Act 1972 (AJ(S)A 1972) commission and diligence Freedom of Information (Scotland) Act 2002 (FI(S)A 2002) subject access requests Each of these is examined in more detail below...
Dispute Resolution
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