Mark Tottenham BL

Mark has been in practice since 2002, in Dublin and on the South Eastern Circuit.

He has a broad practice, including medical negligence, conveyancing and property law, probate and trusts, landlord and tenant law, criminal law, and judicial review. He is a qualified Trust and Estate Practitioner, and a member of STEP.

He is an experienced mediator, particularly in the areas of property law and probate disputes, and has completed training in online dispute resolution (ODR – see here for blog post on the subject).

He has written and lectured extensively on the subject of expert evidence, including two leading books in the area.

In 2011, he founded the web site Decisis.ie (originally Stare Decisis Hibernia), a law reporting site that is now extensively throughout the legal profession.

Stardust Fire Inquests – new inquests ordered by the Attorney General in 2019, concerning deaths occurring in February 1981. (Counsel to the Dublin City Coroner)

Bank of Ireland Mortgage Bank v. Cody [2021] IESC 26 – acted for mortgagor in default where bank sought summary judgment, and mortgagor claimed that borrowings had been made by her husband without her knowledge. The Supreme Court affirmed the High Court’s refusal to grant summary judgment, but remitted the matter to plenary hearing.

Two judicial reviews concerning alleged improper use of the juvenile diversion scheme. The issue concerned the failure of An Garda Siochána to provide evidential material to the accused’s solicitors in order that the minors could obtain proper legal advice. Leave was granted, and the prosecutions were withdrawn by the Director of Public Prosecutions prior to hearing of judicial reviews.

Wells v. Waterford City and County Council (2018-2019) – acted for the owner of property who was excluded from his home by a local authority, who sought to rely on section 91 of the Land Clauses Consolidation Act 1845 in obtaining a compulsory purchase order. A declaration was sought that the section was repugnant to Bunreacht na hEireann. Leave was granted by the High Court, but the matter was resolved prior to hearing.

Several criminal hearings before Wexford Circuit Court.

Several actions concerning probate and property matters in Dublin and elsewhere.

Extensive advice on a range of legal issues, primarily concerning property and probate.

The Reliable Expert Witness (Clarus Press, 2021) – available here

Nealon’s Guide to the Dáil and Seanad (2020, associate editor) – available here

A Guide to Expert Witness Evidence (Bloomsbury Professional, 2019) – available here

Law Ireland (also known as Decisis Law Ireland) (editor, 2017-2020)

Decisis.ie (originally Stare Decisis Hibernia)(founding editor) – link

‘Beware of Forensic Experts Expressing Certainty’, The Irish Times, 14 May 2021 – link

March-April 2021: Expert Witness Training Course, a course prepared for the Chartered Institute of Arbitration, Irish branch.

26 February 2021: ‘Adverse findings and costs orders against expert witnesses’, a paper delivered to the Expert Witness Conference 2021, hosted by La Touche Training.

25 February 2021: ‘Getting the right expert witness’, a paper delivered to the Expert Witness Conference 2021, hosted by La Touche Training.

February 2021: ‘Challenging a single joint expert’, a lecture to the Family Lawyers Association of Ireland.

November 2020: ‘The duties of expert witnesses’, a lecture to the Advanced Diploma in Medical Law, The Kings Inns, Dublin.

14 November 2019: ‘Report writing for court’ (one day seminar), CMG Training, Dublin.

12 November 2019: Book launch – A Guide to Expert Witness Evidence.

14 February 2019: ‘Report writing for court’ (one day seminar), CMG Training, Dublin.

8 December 2018: ‘A review of recent probate case law’ Central Law Training, Dublin.

12 October 2018: ‘How to create an international encyclopedia of case law’, The Law via the Internet (LvI) conference, Florence, Italy.

18 May 2018: ‘Recent case law on conveyancing’, Central Law Training, Dublin.

6 April 2016: ‘The 1916 Rising: Was it a ‘Just War’?’, Irish Business Network, Frankfurt am Main, Germany.