‘Has grown as a relatively new KC into an absolute foundation for any high-profile or complex criminal case. Throws everything into the case, and it consumes him for that period. He is easy to work with and is excellent on his feet, with jurors, judge and opponent. I have seen juries eat from his palm.’
THE LEGAL 500 2021
Mark's principal specialisms are in business and financial crime (including bribery, corruption, asset recovery and confiscation) as well as sexual allegations and homicide. In relation to business crime, he regularly advises and represents company directors and corporates who face investigation and/or issues around regulatory compliance. Mark is ranked in the Legal 500 in Fraud: Crime as a leading silk. In addition, he regularly defends and prosecutes general crime at the very highest level, with a particular emphasis on homicide and sexual allegations. A significant amount of his work involves cases where reputational issues are at stake. Mark has, for many years, been ranked in Chambers and Partners and the Legal 500 as a leader in the field of crime at the London Bar.
Mark is an approachable and modern K.C. sought after for his trial expertise and advisory work. He is known for his work ethic, case theory and a relentless attention to detail. He is jury friendly, an excellent communicator and adept with the latest technology (an increasingly important factor in modern investigations). This skill set has been instrumental in Mark’s success in his chosen areas of work. Apart from dealing with the most complex of cases, Mark also acts in cases where significant reputational issues are at stake. In this regard he has extensive experience of successfully advising and representing high net worth individuals who have come under investigation. This includes medics, lawyers, accountants, professional sportspeople and those working in the arts. Further details in relation to specific areas of Mark’s practice are set out below.
In the field of business and financial crime Mark has extensive experience of dealing with the most complex investigations, including those with an international element. He has dealt with trader frauds, tax frauds, land bank frauds, mortgage frauds, carousel frauds, company frauds and those involving the most complex financial instruments (including crypto-currencies) and/or corrupt practices. He has acted in countless complex and very high value asset recovery/confiscation proceedings and is familiar with issues relating to restraint and freezing orders. He has recently advised a target in an ongoing SFO international corruption investigation and advised another individual with regard to a massive NCA investigation into international fraud allegations. Mark also provides specialist business crime advice and recently advised the CEO of a PLC in relation to the application of the insider dealing legislation in a highly novel and unusual factual scenario. He is experienced in dealing with issues relating to money laundering, bribery and corruption. Some examples of Mark's recent cases can be found under the Business Crime, asset recovery and confiscation sections set out below. In the field of homicide Mark has experience of defending in cases involving joint enterprise and young or otherwise vulnerable defendants (including those suffering with significant mental health issues). Mark recently secured the only across the board acquittal in a multi-handed knife murder where Mark’s client was only 14 years of age. Immediately afterwards, he successfully prosecuted a multi-handed knife murder, securing across the board convictions, and then went straight into defending the lead defendant in another multi-handed knife murder where a ‘cut throat’ defence was being run. Mark’s client (the lead defendant) was acquitted of both murder and manslaughter. This back to back sequence, from late 2018 and into 2019, demonstrates Mark’s exceptional ability to successfully bring his skills to bear for both the defence and the prosecution in cases of homicide. In the field of sexual offending Mark has unparalleled experience, having been dealing with the most serious and/or reputationally difficult cases for over twenty years. He was a defence specialist in this field long before Operation Yew Tree and so his expertise pre-dates the current trend towards increased levels of prosecution of sexual allegations. He understand the complexities and sensitivities in these cases. He has a detailed and extensive understanding of technical, computer and digital evidence and how it may be challenged. He has questioned countless child witnesses, in the most delicate of cases, and has vast experience as to the use of intermediaries. He has defended high profile celebrity defendants on a number of occasions. Mark is regularly instructed to provide second opinions in relation to proposed appeals against conviction and sentence. He is also experienced in cases involving regulatory and disciplinary issues and has significant experience of acting and advising in cases of Judicial Review.Mark accepts direct public access instructions in suitable cases. He is often instructed to advise on referrals to the Criminal Cases Review Commission (CCRC), or out of time appeals to the Court of Appeal (Criminal Division).
What the legal directories say about Mark Cotter KC:
‘Has grown as a relatively new QC into an absolute foundation for any high-profile or complex criminal case. Throws everything into the case, and it consumes him for that period. He is easy to work with and is excellent on his feet, with jurors, judge and opponent. I have seen juries eat from his palm.’
THE LEGAL 500 2021
"A powerful barrister with a real courtroom presence. He gets to critical points quickly and is excellent on strategy."
Chambers & Partners 2021.
"Exceptionally thorough at preparing cases and is a master of detail. He is an engaging, direct advocate who has an excellent manner with the judiciary"
L500 2019.
‘ A commanding presence in the courtroom. ’
Legal 500 2020.
‘Able to turn his hand to any area of criminal law to get the best result for his clients.’
Legal 500 2017.
Mark was called to the Bar in 1994. Mark took Silk in 2017. Appointed Recorder - September 2019.
Business Crime & Financial Regulation
Mark has experience of cases involving corporate offences, regulatory offences and substantial conspiracies to defraud. In recent years Mark has acted in massive Bureau de Change fraud cases, a large and complex Care Home fraud and an equally complex FOREX trader fraud. A number of these cases involved a significant civil law element. Mark is available to advise individuals and companies in relation to money laundering, corruption and bribery. He is experienced at formulating innovative solutions to complex issues.
Asset Recovery, Civil Fraud & Confiscation
Mark has appeared in countless high value confiscation cases and regularly deals with forfeiture and asset recovery. Recent cases have included leading for the defence in very high-value confiscation proceedings flowing from the notorious “Drisney Nook” modern slavery case. He also acted in very high value proceedings described by the Recorder of Cardiff as “extremely complex”. During fully contested hearings he has advanced arguments relating to trusts, partnerships, company law, registered tenancies and accounting principles. Claims running into many millions have routinely been very significantly reduced. Mark takes an innovative approach to Proceeds of Crime applications, as evidenced by the important confiscation case of R v. Powell [2016] EWCA Crim 1043. It was the corporate veil argument originally identified by Mark which eventually won out in the Court of Appeal.
Criminal Defence
Mark defends at the highest level. Mark has experience of dealing with cases across the whole range of criminal allegations as exemplified by the profile details set out above. He has dealt with the most serious and complex cases involving allegations of violence, trafficking, harassment, dishonesty, public order, firearms, conspiracy, drugs (including legal highs), money laundering and driving (including death by dangerous driving).
Criminal Prosecutions - Private & Public
Mark prosecutes at the highest level. Mark has experience of dealing with cases across the whole range of criminal allegations as exemplified by the profile details set out above. He has dealt with the most serious and complex cases involving allegations of violence, trafficking, harassment, dishonesty, public order, firearms, conspiracy, drugs (including legal highs), money laundering and driving (including death by dangerous driving).
Mark has significant experience of Private Prosecution instructions. Mark has written articles, practice notes and presented seminars on this topic.#
Inquests & Inquiries
Mark accepts instructions in relation to Inquest and Public Inquiry matters.