Kenny McBrearty KC

Commercial Law

• Kidd v Lime Lock Management LLP 2021 SLT 1499. Claim for alleged conspiracy to defraud in relation to share purchase agreement; sum sued for $210m.
• HCCI International Insurance Co plc v Scottish Ministers 2021 SLT 1048. Construction of an intercreditor agreement relating to shipbuilding contracts
• Burnett v International Insurance Company of Hanover Ltd 2021 SC (UKSC) 1. Appeal to the Supreme Court regarding the interpretation of a public liability insurance contract.
• SSE Generation Limited v Hochtief Solutions AG 2018 SLT 579. Appeal in commercial proceedings arising out of the collapse of a hydro-electric tunnel. Sum sued for in excess of £130m.
• TOR Corporate A.S. v SINOPEC. Commercial Court proceedings to determine damages following upon findings at an International Commercial Arbitration concerning use of a drilling rig. Sum sued for $60m.

Insolvency

• Royal Bank of Scotland v Donnelly 2020 CSOH 106. Commercial court proceedings to reduce an insolvency trust deed so as to permit further assets to be ingathered as part of the estate.
• Liquidator of Grampian McLennan’s Distribution Services Limited v Carnbroe Limited. 2020 SC (UKSC) 23 appeal to the United Kingdom Supreme Court re gratuitous alienations.
• MacMillan v T. Leith Developments Ltd 2017 SC 642. Appeal to bench of 5 judges in the Inner House, considering the meaning and ranking of “effectually executed diligence”. Over-ruled previous Inner House authority of 40 years standing.
• Joint Administrators of Oceancrown Ltd v Stonegale Ltd 2016 SC (UKSC) 91. Appeal to the Supreme Court in proceedings to reduce dispositions of property on the basis that they were gratuitous alienations.

Media Law

• BBC v Chair of the Scottish Child Abuse Inquiry 2021 SLT 499. Judicial review of restriction orders imposed by Chair of a Public Inquiry said to have impinged on open justice principle.
• BBC Petitioners 2020 SLT 345. Judicial review of a Sheriff’s decision to impose an order under s. 4(2) of the Contempt of Court Act 1981.
• Cherry & others v Advocate General for Scotland 2020 SC 37. Proceedings challenging the prorogation of Parliament. Instructed for the BBC to seek access to government papers referred to in proceedings.
• McAnulty v McCulloch: 2019 SLT 449. Defamation action based on allegations of racism made by one member of a political party against another.
• A v Procurator Fiscal, Dundee 2018 SLT 72. Application to the High Court to obtain anonymity orders and reporting restrictions for a blackmail victim.

Product Liability and Group Litigation

• Instructed for Volkswagen in the diesel emission litigation, the first proceedings under the new Scottish group procedure.
• Hastings v Finsbury Orthopaedics Ltd 2021 SLT 187. Action for alleged breach of the Consumer Protection Act 1987 in relation to prosthetic hip.
• Instructed for Johnson and Johnson in the mesh litigations.

Professional Liability

• Joint Liquidators of RFC 2012 plc, Noters 2022 SLT 9. Application by joint liquidators of a football company alleging breaches of duty against the former joint administrators in respect of failure to manage costs and failure to maximise the value of the company’s assets in the course of the administration.
• Murray, Petitioner 2019 SLT 424. Petition to obtain interdict against a firm of solicitors from acting against a former client, on the basis of the firm holding confidential information.
• Soofi v Dykes [2017] CSIH 40. Alleged solicitor’s negligence in failing to advise re the need for a warranty to be included in missives for the purchase of a commercial property.
• McCann v Waddell & Mackintosh [2014] CSOH 15A. Successfully defended a claim against solicitors in respect of alleged negligence in advising in relation to missives for the sale of development land.
• Steven v Hewatts 2013 SLT 758. Solicitors negligence claim based on alleged failure to advise on, and implement, an Inheritance Tax arrangement. Issues as to whether a duty of care is imposed on the solicitor with regard to the intended beneficiary of the scheme.

Property Litigation

• MacBean v Scottish Water 2021 SCLR 549. Claim for alleged odour nuisance from waste water treatment plant.
• West Dunbartsonshire Council v William Thompson & Son (Dumbarton) Ltd 2016 SLT 125. Appeal concerning the validity of a break notice.
• Tyco Fire and Integrated Solutions (UK) Ltd v Regent Quay Development Ltd 2016 Hous. LR 118: appeal concerning the validity of break notice.
• Kenwright v Stewart Milne Group: [2016] CSIH 45. Commercial court proceedings and appeal relating to the interpretation of a contract and indemnity concerning the sale of development land.
• Sheltered Housing Management Ltd v Bon Accord 2010 SC 516. Appeal against decision of the Lands Tribunal, concerning the meaning and effect of “community burdens” under the Title Conditions (Scotland) Act 2003.

Public and Administrative Law

• James Craig v Her Majesty’s Advocate. Appeal to the Supreme Court re alleged incompatibility of extradition proceedings with article 8 rights as a result of failure to enact statutory provisions. Decision pending.
• X v JOH & Others. Judicial review of the decision of a Tribunal constituted to report on the fitness for office of a Judicial Office Holder, based on breach of natural justice. Decision pending.
• Nyamayaro v The Advocate General for Scotland 2019 SC 537. Challenge to the Secretary of State’s decision to reduce the weekly amount payable to asylum seekers in respect of their dependent children.
• Romein v The Advocate General for Scotland [2018] 2 WLR 18. Appeal to the Supreme Court regarding the scope of the statutory provisions intended to remedy the historical sex discrimination in nationality law.
• Shahid v The Scottish Ministers 2016 SC (UKSC) 1. Appeal to the Supreme Court appeal based on breaches of arts. 3 & 8 of the ECHR, in consequence of a prisoner having been kept in solitary confinement for 56 months.

Sport

• Donaghy v Goodwillie. Instructed for football agent in claim against player arising from breach of an exclusive agency agreement.
• Instructed for the Scottish F.A. in an appeal following disciplinary proceedings relating to dual interest of the owner of a Scottish Premiership club.
• Instructed for Scottish Premiership club in relation to proceedings to prevent supporters’ attendance at matches, based on breaches of season ticket conditions and UEFA regulations
• Instructed for a Scottish Premiership club to represent its manager at SFA disciplinary proceedings.
• Instructed on behalf of Dundee F.C. in appeal before the Scottish Football Association against a decision of the Scottish Premier League, concerning alleged transfer irregularities on the part of Livingston F.C.

• Chambers UK Bar – Recommended as leading silk in Commercial Dispute Resolution (Band 1); Media Law (Band 1); Product Liability (Band 1); Professional Negligence (Band 2); Administrative and Public Law (Band 2); and Real Estate Litigation (Band 2).
• Legal 500 – Recommended as leading silk in Commercial Disputes (Tier 2)

Quotes

‘He has hugely impressive advocacy skills and is able to articulate a focused, persuasive and well considered response / submission, in relation to even the toughest of points. A silk who is fearless in his representation of clients.’ Legal 500 2022