Mark Stewart KC

Year of Call 1988 Year of Silk 2005

"Combines an engaging advocacy style with an excellent legal mind and a personable manner." - Legal 500 UK Bar

"An exceptional advocate who masters highly complex and technical cases." - Legal 500 UK Bar

"Mark has an impressive ability to explain complex and sensitive matters to clients who often have never faced prosecution before." "Mark is brilliant in court."  "He is incisive and intellectual." - Chambers & Partners, UK Bar Guide


Mark has extensive experience and a well-established practice in common law and regulatory crime.  He is routinely instructed in cases dealing with the most serious of charges and his experience in the High Court has been acquired both as a Senior Advocate Depute and defence counsel.

Mark is a highly regarded defence counsel across all areas of serious crime.  He defends both lay individuals and professional persons, including teachers, lawyers, doctors and police officers, often acting on the instructions of agents appointed by professional bodies.

Mark deals with many aspects of regulatory crime and proceedings, including environmental, financial and corporate crime, and has particular experience of cases brought under sections 1, 2B and 3A of the Road Traffic Act 1988 and prosecutions brought under the provisions of the Health & Safety at Work Act 1974.

He is instructed regularly in large Fatal Accident Inquiries, representing the interests of public bodies and private enterprises, as well as next of kin of deceased persons.

He is a part-time Sheriff and was a temporary High Court judge.

Mark is qualified as a Barrister in England (Middle Temple) and is a Member of the Chartered Institute of Arbitrators (MCIArb).

Representative Cases

Cameron House Hotel Fatal Accident Inquiry
HMA v Christopher O'Malley

Represented the night porter from Cameron House Hotel in this inquiry into the fatal fire there in December 2017.  This high-profile inquiry was lengthy and complex, covering issues relating to fire spread and suppression, fire risk assessment and prevention measures, and response procedures.  Mark represented Mr O'Malley in the criminal prosecution too.

HMA v Norbord Europe Limited

Health & safety prosecution following fatal accident during cleaning of workplace equipment.  Case ran to trial for five weeks on charges contrary to Health & Safety at Work Act 1974.

HSE Investigation into explosion at Fountainbridge

Representing housing association landlord in the HSE investigation into a fatal major explosion in a four-storey tenement building in Fountainbridge, Edinburgh.


Snowman / Jim Clark Rally Fatal Accident Inquiry

Represented the interest of a private motoring club in the conjoined FAI into the deaths of 4 members of the public at motor racing rallies. No statutory determination ultimately being made by Sheriff in relation to the motoring club he represented following the hearing of the evidence.

Craigton Cemetery Fatal Accident Inquiry

Mark was instructed on behalf of Glasgow City Council in a Fatal Accident Inquiry into the death of a young child (CW) at a cemetery managed by the Council.  

Glasgow Bin Lorry Fatal Accident inquiry

Appearing at FAI relating to deaths of members of the public who died when a refuse lorry mounted the pavement in city centre. Representing the family of three of those killed.

HMA v Mark Richardson

Largest ever prosecution for serious and organised crime in the Scottish courts.  Serious multi-accused organised crime case involving high level dealing in Class A drugs and firearms. Also, use of Serious Crime Prevention Order.

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  • Compass Chambers
    Parliament House
    EH1 1RF