Barrister Profile
MARK ROBINSON KC
Year of Call: 1999
KC: 2020
Main Areas of Practice
Administrative Law or Judicial Review
Commercial Law
Coroners or Inquests
Public Inquiries
Biography
Called to the Bar of Northern Ireland in 1999, Bar of Ireland 2003
Qualified as a mediator: SLS Law Society Advanced Dispute Resolution (Mediation) Course in 2004
Specialisms: Extensive practice in civil litigation, judicial review, Legacy inquests and litigation, medical negligence, commercial law and personal injury
GLSNI Government Senior Counsel Panel instructed by the Crown Solicitor’s Office and the Departmental Solicitor’s Office on behalf of public bodies
Appointed to the counsel panel for Health Trusts in Medical Negligence, Inquests, Administrative Law, Commercial and Procurement Matters
Member of the NI Medico-Legal Society
Member of the Personal Injury Bar Association
Member of the Commercial Bar Association
Qualifications
Member of the NI Medico-Legal Society
Member of the Personal Injury Bar Association
Member of the Commercial Bar Association
1998; Law and Accounting LLB Hons, Queen’s University Belfast.
1999; Certificate in Professional Legal Studies, Institute of Professional Legal Studies,Queen’s University Belfast.
1999; Fox Fund Prize for Negotiation
2004; IPLS Mediation Course, Queen’s University, Belfast
2022; Oxford Cyber Security for Business Leaders Programme, developed by the Saïd Business School at the University of Oxford
Experience
Public Inquiries:
The Muckamore Abbey Hospital Inquiry, 2022-2024.
Instructed on behalf of the PSNI in this statutory inquiry, established under the Inquiries Act 2005, which is to examine the issue of alleged abuse of patients at Muckamore Abbey Hospital and to determine why the abuse happened and the range of circumstances that allowed it to happen. The purpose of the inquiry is to ensure that such abuse does not occur again at MAH or any other institution in Northern Ireland which provides similar services. The Infected Blood Inquiry, 2019-2023.
Co-counsel for the Belfast Health and Social Care Trust, Department of Health NI, NI Blood Transfusion Service, and medical witnesses. This Inquiry was established under the Inquiries Act 2005 to examine the circumstances in which men, women and children treated by national Health Services in the United Kingdom (collectively, the “NHS”) were given infected blood and infected blood products since 1970.
The Kincora Module of the Historical Institutional Abuse Inquiry, 2015-2017.
Counsel for the PSNI in this statutory inquiry established under the Inquiries Act 2005 to examine alleged abuse at various institutions. The Kincora Boys Home module also examined allegations of whether there was sexual abuse of residents by other individuals apart from those convicted in the 1980s; it also considered allegations that the security agencies were complicit in any form of exploitation of sexual abuse in Kincora for any purpose.
The Smithwick Tribunal, Dublin, 2011-2013.
This was a Tribunal of Inquiry, set up pursuant to the Tribunals of Inquiry (Evidence) Act 1921-2004, into suggestions that members of An Garda Síochána or other employees of the State colluded in the fatal shooting of RUC Chief Superintendent Harry Breen and RUC Superintendent Robert Buchanan on 20th March 1989. Counsel for the PSNI.
The Rosemary Nelson Inquiry, 2008-2011.
This inquiry was established under section 44 of the Police (Northern Ireland) Act 1998 and the terms of reference were to inquiry into the death of Rosemary Nelson with a view to determining whether any wrongful act or omission, by or within the Royal Ulster Constabulary or Northern Ireland Office, facilitated her death or obstructed the investigation of it or whether any such act or omission was intentional or negligent; whether the investigation of her death was carried out with due diligence; and to make recommendations. Counsel for 70+ police witnesses.
Inquests:
Multiple legacy inquests, medical inquests and fatal accident inquests.
For example, military lethal force incidents: Marian Brown (1972), Ballymurphy inquests (1971), Leo Norney (1975), Stephen Geddis (1975), Henry Thornton (1971), Daniel Hegarty (1972), Seamus Bradley (1972), Coagh (Ryan, Doris and McNally) 1991, Clonoe (O’Donnell, O’Farrell, Vincent, Clancy) 1992, Daniel Doherty and William Fleming 1984.
Loyalist killings alleging collusion: Fergal McCusker (1998), Samuel Marshall (1990), Liam Paul Thompson (1994) and Sean Brown (1997).
Each of the incidents included voluminous materials, multiple civilian, police and military witnesses, engineering, pathology and ballistic expert evidence, disclosure and Public Interest immunity (PII) applications, anonymity/screening applications, and many involved issues on the use and justification of lethal force.
Non- Legacy:
Stephen Colwell 2018-2024 – Police use of lethal force in 2006 in an incident in which police sought to stop a stolen car driven by the deceased.
Gareth O’Connor – Inquest into the death of the deceased who went missing en route to report for bail in Dundalk Garda station in 2003, and whose remains were found in Newry canal in 2005.
Arlene Arkinson Inquest 2010-2019 - High-profile inquest touching the death of Arlene Arkinson whose remains were not located and had last been seen in the presence of Robert Howard.
Medical Inquests
Inquest touching the death of Claire Roberts. An inquest directed by the Attorney General for Northern Ireland following the Hyponatraemia Inquiry, June 2019
David Clark (2018). Inquest into the death of the deceased who had multiple health issues and required surgery for an Antegrade Colonic Enema (ACE) catheter and then Ileostomy. Multiple complications arose in the care of the deceased including infection, inflammation, coagulation issues, presence of obesity, adhesive bowel obstruction, Severe Systemic Inflammatory Response Syndrome with sepsis causing Multiple Organ Dysfunction Syndrome due to SSIRS.
Sean Paul Carnahan Inquest 2017. Allegations of corporate manslaughter and that the deceased was starved to death, dying 133 days following a severe brain injury. The coroner found that the death resulted from a brain injury and severe sepsis, not starvation as alleged.
Civil Actions:
Civil litigation including legacy, commercial and personal injury litigation.
DePuy Hip Replacement Device Litigation (2013-2023)
Appointed by Stephens J (as he was then) as junior counsel to the Plaintiff group of litigants in civil actions against DePuy for allegedly defective hip devices. Significant discovery issues, liaison with U.S. attorneys who succeeded in litigation in the USA, and multiple expert witnesses. Negotiations resulting in resolution of the matters.
Recent Judicial Reviews:
McConville (Colette) and McCann (Caoimhe) Application for Judicial Review [2024] NIKB 23
Challenge to the extensive findings of the coroner in the inquest touching the death of Neil John McConville who was shot by a PSNI HMSU police firearms officer, in an enforced stop incident in 2003.
Gareth Watson and the Police Service of Northern Ireland, Court of Appeal [2024] NICA 7
Senior Counsel for the Disciplinary Panel in a challenge relating to the consideration of pre-attestation conduct of a police officer. The Court held that the Panel did not have jurisdiction to examine claims of misconduct before he was attested as an officer, however, did find that the Panel could proceed to consider alleged misconduct on the part of the appellant on the basis of an ongoing duty of disclosure under the Code of Ethics.
JR262 Court of Appeal
Instructed on behalf of Belfast Health and Social Care Trust in an appeal of a decision from Simpson J in which it was held that the Trust was not obliged to provide accommodation under Art 21 of the Children (NI) Order 1995 in the circumstances. The Applicant and his older sibling were asylum seekers, subjected to human trafficking, who were accommodated in a hotel by the Home Office and then housed. Appeal dismissed.
In the Matter of an Application by Suzanne Bunting [2023] NIKB 43
Counsel for the Secretary of State for Northern Ireland in a challenge to the issue of a certificate, by the SOSNI, under section 14(2) of the Coroners Act (Northern Ireland) 1959, certifying that there was information relevant to the question of whether a fresh inquest ought to be directed disclosure of which may be against the interests of national security. The certification caused the decision on whether a new inquest should be directed from the Attorney General for Northern Ireland to the Advocate General for Northern Ireland who is also the Attorney General for England and Wales. Challenge dismissed.
In the Matter of an Application by Kevin Barry Murphy [2023] NIKB 58
Challenge to the decision of the Public Prosecution Service (PPS) to appeal a grant of compassionate bail made by a Magistrates’ Court. Whether the decision of the PPS to use Section 10 of the Justice (Northern Ireland) Act 2004 had the effect of depriving the applicant of an alleged pre-existing right to appeal to the Supreme Court. The Court held that an application for compassionate bail is not a criminal cause or matter and, therefore, the right to appeal under 41 of the Judicature (Northern Ireland) Act 1978, did not arise.
In the Matter of an Application by Raymond McCord, 2017-2023
Challenge to the PSNI and Coroners Service in relation to the holding of an inquest into the death of Raymond McCord Jnr, who was killed by Loyalist paramilitaries in 1997. Disclosure issues and decision of coroner to adjourn pending ongoing investigations.
Counsel for PSNI in a challenge, by a defendant being prosecuted for alleged abuse of patients at Muckamore Abbey Hospital (MAH), to the Minister of Health’s refusal to suspend the Muckamore Abbey Hospital Inquiry until the criminal proceedings have concluded, asserting that her Article 6 ECHR right to a fair trial would be jeopardised by “adverse and prejudicial” commentary already in the media; additional challenges of irrationality/ material and immaterial considerations, fettering of discretion, surrendering discretion, alleged failure to provide adequate reasons, failure to obtain SOSNI consent and application of the correct legal test under section 13 of the Inquiries Act 2005. Challenge dismissed.
Challenge to the decision to prosecute a mother for unlawfully procuring and unlawfully subscribing a poison or other noxious thing (abortion tablets) intending to procure the miscarriage of her daughter contrary to section 59 of the Offences Against the Person Act 1861. Challenge dismissed.