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.
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)
5 Contributions by Mark Boni
PRACTICE NOTES
Determining Scottish civil and commercial jurisdiction post‑Brexit: CJJA 1982, Hague instruments, intra‑UK allocation, transitional Brussels/Lugano rules and practical litigation points
Practice Note
This Practice Note summarises jurisdiction in Scotland, addressing the evaluation of whether a dispute is appropriate to be determined and resolved within Scotland...
Dispute Resolution
PRACTICE NOTES
Five-year negative prescription for damages in Scotland: accrual, continuing acts, discoverability after the 2018 Act, latent defects/wasted expenditure, and collateral warranties—key principles and cases
This Practice Note offers direction on the distinct rules governing the prescriptive period for obligations to pay damages (previously, to make reparation). It ought to be read alongside Practice Note: Prescription in Scotland. Read it in tandem with that note for context and alignment within the overall wider prescriptive framework in Scotland.
For insight into the law of limitation in Scotland, consult Practice Note: Limitation of actions in Scotland, which likewise addresses the distinctions between limitation and prescription in Scots law.
Key:
PL(S)A 1973—Prescription and Limitation (Scotland) Act 1973
P(S)A 2018—Prescription (Scotland) Act 2018
PL(S)A 1973, s 11 concerns obligations to pay damages (irrespective of the obligation’s source). It applies to every action in contract or delict where damages are claimed. Until 28 February 2025, the section referred to obligations to ‘make reparation’ rather than to ‘pay damages’.
When obligations to pay damages become enforceable
Under PL(S)A 1973, s 11(1), an obligation to pay damages (regardless of its source) for loss, injury or damage arising from an act or omission is, for the purposes of PL(S)A 1973, s 6, treated as enforceable on the date the loss, injury or damage happens. It is significant to note that there can be...
Dispute Resolution
PRACTICE NOTES
Limitation of Actions in Scotland: distinctions from prescription, time limits, commencement, interruption and court discretion across personal injury, defamation, harassment, product liability, automated vehicles and construction products
This Practice Note
This Practice Note explores the law of limitation in Scotland. For guidance on:
the law of prescription in Scotland, consult Practice Notes: Prescription in Scotland and Short negative prescription in Scotland—the prescriptive period for obligations to pay damages
other central areas of Scots law and procedure, refer to our Scotland collection
the nearest equivalent in England and Wales, see Limitation: general—overview, which outlines the topic and links to more detailed guidance on various aspects of limitation in England and Wales
Key
AEVA 2018—Automated and Electric Vehicles Act 2018
LR(MP)(S)A 1980—Law Reform (Miscellaneous Provisions) (Scotland) Act 1980
PL(S)A 1973—Prescription and Limitation (Scotland) Act 1973
P(S)A 2018—Prescription (Scotland) Act 2018
Difference between limitation and prescription in Scots law
PL(S)A 1973, often called the ‘1973 Act’, addresses both prescription and limitation. They are, however, separate concepts, and the distinction matters, particularly in practice. In Scots law, limitation—more closely aligned with the English concept than with prescription—sets a period within which court proceedings must be commenced…
Dispute Resolution
PRACTICE NOTES
Prescription in Scotland: Positive Prescription; 2-, 5-, 10- and 20-year Negative Prescription; Computation, Interruption, Suspension, Contracting Out and Burden of Proof—Prescription (Scotland) Act 2018 Reforms (2022/2025)
This Practice Note reviews the current law of prescription in Scotland. Major reforms were introduced by the Prescription (Scotland) Act 2018 (P(S)A 2018). Sections 5 and 13 of the P(S)A 2018 took effect on 1 June 2022. The remainder came into force on 28 February 2025 under the Prescription (Scotland) Act 2018 (Commencement, Saving and Transitional Provisions) Regulations 2022, SSI 2022/78.
For guidance on:
the specific rules governing the prescriptive period for obligations to make reparation/pay damages, see Practice Note: Short negative prescription in Scotland—the prescriptive period for obligations to pay damages
the law of limitation in Scotland, see Practice Note: Limitation of actions in Scotland, which also addresses the distinctions between limitation and prescription in Scots law
the nearest equivalent in England and Wales, see: Limitation—overview which, as well as providing an outline of this topic, links to more detailed guidance on various aspects of limitation law in England and Wales
Key:
CL(EGP)(S)A 2018—Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018
CPA 1987—Consumer Protection Act 1987
LRE(S)A 2012—Land Registration etc (Scotland) Act 2012
LR(MP)(S)A 1940—Law...
Dispute Resolution
PRACTICE NOTES
Scottish civil litigation: relevance, admissibility, gathering and recovery of factual evidence, disclosure, privilege and presentation, with special procedures for commercial, intellectual property and personal injury actions
Civil justice reform
See our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for guidance on the current rules and practice in the Scottish civil courts concerning virtual hearings and the electronic signing, sending and lodging of documents. This Practice Note focuses on factual evidence in Scottish civil proceedings. It explains:
what factual evidence may and may not be led
how to gather factual evidence (and when this may not be required)
disclosure obligations in Scottish civil litigation and the effect of legal professional privilege
how to place factual evidence before the court
how to present the evidence in court
Certain actions have special procedures that can influence how factual evidence is handled; these are covered as well (excluding family actions, which are not discussed in this Practice Note). For guidance on:
matters to consider before raising a civil claim in a Scottish court and other aspects of starting and progressing a civil claim in Scotland, see: Scottish DR: prescription and limitation—overview and Scottish DR: case management and evidence—overview respectively, which link through to more detailed guidance
other aspects of Scottish
...
Dispute Resolution
If you expected to see yourself on this page, click here.
