Mark Donaldson

Practice Areas

Qualified and joined Simpson & Marwick in 1994, partner 2005, solicitor advocate (civil) 2012. Mark is the casualty partner for the Aberdeen office and the lead partner for health and safety / regulatory Scotland.

He has three distinct but interrelated practice areas; firstly advising insurers, companies and individuals on personal injury and general damages claims with particular insight into the oil and gas, agriculture, transport, food processing, construction and utilities industries.

Secondly dealing with catastrophic motor claims and serious criminal road traffic prosecutions, particularly causing death by dangerous or careless driving.

Lastly dealing with regulatory matters specifically health and safety prosecutions. Mark is often on site in the immediate aftermath of an accident advising clients on how best to deal with police and HSE investigations from initial stages to conclusion as either prosecution or fatal accident inquiries.

Mark has been an integral part of Clyde & Co's regulatory and personal injury teams (both of which have achieved top tier status in Chambers and Legal 500). He is individually recognised by both legal guides for his expertise in regulatory matters. Chambers 2016 stated, "Mark Donaldson is a solicitor advocate whose health and safety caseload spans such sectors as transportation, construction and oil and gas. He is "excellent at providing advice and reacting quickly to queries," and has been described by clients as “calm and effective”, “a dynamic and well prepared litigator”, “a switched on, bright commercial lawyer”, “top of the tree for health and safety and criminal road traffic matters”. He has spoken extensively on both health and safety and reparation matters at internal and external conferences.

Experience

• PF (Ellon) v Robert White - January 2010 - Mark successfully defended his client on behalf of insurers at the first Scottish trial of the new offence of causing death by careless driving.

• HMA v APH Services - December 2010 - Mark made Scottish legal history by recovering the whole expenses of a fatal accident enquiry from the crown on the basis that the enquiry had been unnecessary.

• HMA v Amanda Reid - November 2011 - Mark sucessfully defended his client on a charge of causing death by careless driving on the basis that the carelessness was minimal and medically the injuries sustained were not a significant factor in causing the death.

• HMA v Adam Morrison - September 2013 - Mark successfully appealled on behalf of a client convicted of causing death by careless driving on the basis that the crown jury speech raised inappropriate issues.

• HMA v Diamond Wheels Dundee Limited - August 2015 - Mark advised a small company in relation to a fatal accident which is understood to have been one of the first cases in Scotland considered by prosecutors for the charge of corporate homicide.