Education & Professional Qualifications
LLB with First Class Honours, 1987-1991, University of Aberdeen
Diploma in Legal Practice, 1992, University of Aberdeen
Accredited Mediator, Mediation Forum Ireland
Fluent in Spanish
Professional Career to date
Devil Masters: Ian M. Duguid QC, Andrew R.W. Young QC.
2006: Appointed Standing Junior Counsel to the Scottish Government
2000: Called to the Bar
1994-1997: Solicitor with Simpson & Marwick, Edinburgh
1994: Qualified as a solicitor
Professional Experience
Kenny deals primarily with commercial litigation, with his practice being focused in the Commercial Court of the Court of Session. He has dealt with a wide variety of disputes, with a particular emphasis on commercial contracts, property and oil and gas. His commitment to providing strong oral advocacy has also seen him instructed in relation to a variety of cases. He was appointed as junior counsel to the ICL Inquiry, chaired by Lord Gill, the first public inquiry held in Scotland under the Inquiries Act 2005. He has also appeared at an international commercial arbitration. In 2006, he was appointed as Standing Junior Counsel to the Scottish Government, which has led to an increasing involvement in the field of public law.
Courts & Tribunal Experience
Court of Session, Outer House and Inner House; Sheriff Court; International Commercial Arbitration, before a panel of three arbiters; Scottish Football Association Appeal; Scottish Rugby Union Disciplinary Hearing; Traffic Commissioner Hearings.
Appointments & Memberships
2009: Appointed by Glasgow City Council as one of a panel of four counsel who are to deal with all work arising out of the Commonwealth Games 2014.
2008: Appointed junior counsel to the ICL Inquiry into the gas explosion at ICL Plastics Ltd in Glasgow in 2004, which killed nine people and injured over fifty-four. The inquiry, chaired by the Lord Justice-Clerk, Lord Gill, was the first public inquiry held in Scotland under the Inquiries Act 2005 and was the first inquiry under that Act, instructed jointly by the Scottish and UK Governments.
2006: Appointed Standing Junior Counsel to the Scottish Government.
Commercial Contracts
Luminar Lava Ignite Ltd v Mama Group plc 2010 SC 310; Inner House appeal, following 6-day proof in the Commercial Court. Interpretation of a non-compete contract entered into in connection with the sale of property. Also, consideration of the proper use of affidavits, particularly in commercial cases.
Whyte & Mackay Ltd v Capstone International Inc. [2010] CSIH 87; Inner House appeal. Action for declarator that a contract for the exclusive distributorship of whisky within the USA had been validly terminated. Counterclaim for implement of the contract, failing which, damages. Appeal concerned with an order for interim implement of the contract and interim interdict.
SJD Group Ltd v KJM (Scotland) Ltd [2010] CSOH 13; Commercial Court proof concerning the proving of the tenor of a franchise agreement.
Gregor Homes Ltd v Mark Emlick; seven day proof relating to breach of missives, turning on whether the defender's agent had ostensible authority to agree to the completion of works. Also instructed in a related action seeking reduction of the transfer of properties by the defender, allegedly in an attempt to defeat any decree awarded. Action based on lawful means conspiracy.
Stokors S.A. v Steven Alexander; instructed for the pursuers in three ongoing actions based on the alleged fraud of a stockbroker executing derivative trading on behalf of clients based in Switzerland and Lebanon. Total loss amounting to €12m. Required to give related advice on a number of cross-border issues, including the obtaining of security over funds held in the English branch of a UK bank, based on a Scottish court order; the recovery of documents held in England; and the seeking of permission of the Scottish court to use documents recovered for the purpose of raising subsidiary proceedings in England.
TOR Corporate A.S. v China National Star Petroleum Corporation;International Commercial Arbitration concerned with the interpretation and fulfilment of a contract for the management of an oil rig. Also instructed in Judicial Review proceedings brought by the claimants seeking to reduce the arbiters' determination (Inner House: reported at 2008 SC 303), and in the Commercial Court action concerned with damages consequent upon the arbiters' determination; sum sued for $70m. Case determined on debate (CSOH 76), appeal currently pending.
Gibson v The Royal Bank of Scotland 2009 SLT 444; Outer House; debate concerning the application of the "rule against offside goals" in relation to a standard security granted in contravention of a pre-existing contract engaging an option to purchase property.
Global Resources Group Ltd v MacKay 2009 SLT 104; Outer House, Commercial Court; debate concerning the scope of the delict of inducing breach of contract in the context of a contract for provision of services in the oil industry.
Giftex Corporation v Divex Ltd [2007] CSOH 48; Outer House, Commercial Court; ten-day proof, concerning an agent's right to commission on a contract for the sale of military equipment in the United Arab Emirates.
Champion Technologies v Raymond Smith and Dunlaw Engineering Ltd; Commercial Court, 22nd January 2001; Application under Section 1 of the Administration of Justice and consequent interdict proceedings in connection with the wrongful removal of, and damage to, property and computer data. Application of "springboard" interdict.
Narden Services Ltd; incidental procedure reported at 2006 SLT 338; Petition procedure for the rectification of the Register of Companies, following upon alleged irregularities in the transfer of shares.
Hardie v Wales, as partners of Whale Engineering; CA195/01; sole counsel in proof in the Commercial Court concerning ownership of partnership property.
Dalgleish v National Westminster Bank plc 2001 SLT (Sh. Ct.) 124; interaction between contractual rights and unjustified enrichment under thecondictio indebiti.
Edinburgh Rugby Limited v Scottish Rugby Union; instructed in a number of disputes relating to breach of contract and breach of warranty. Involved in ongoing advice and detailed negotiations. Settled prior to court action being commenced.
Anglo-Dutch Petroleum International Inc v Ramco Energy plc; instructed for the defenders in Commercial Court proceedings, defending the enforcement of a judgement for $16m obtained in the Texan Courts. Action settled prior to proof after the judgement was overturned on appeal in Texas.
Property (Including Commercial Property)
Little Cumbrae Estate Ltd v Island of Little Cumbrae Ltd 2007 SC 525, Inner House; interpretation of lease: landlord's obligation to repairdamnum fatale.
William Collins & Sons Ltd v CGU Insurance plc 2006 SC 674, Inner House; interpretation of a commercial lease and the landlord's right to obtain interim access to property.
Luminar Lava Ignite Ltd v Mama Group plc; see above.
Sheltered Housing Management Ltd v Bon Accord 2010 SC 516; Inner House appeal against decision of the Lands Tribunal, concerning the meaning and effect of "community burdens" under the Title Conditions (Scotland) Act 2003. Appeal to the Supreme Court pending.
Petition of the Crown Estate Commissioners 2010 SLT 741; appointed asamicus curiae in petition to establish the scope of the Crown Estate Commissioners' right to charge in respect of moorings. Concluded after proof.
Batt Cables plc v Spencer Business Parks Ltd 2010 SLT 860; Commercial Court action to determine whether a break notice had been validly exercised under a commercial lease.
Intellectual Property Rights
British Sky Broadcasting Limited v DBros & Others; instructed for BSkyB in proceedings relating to alleged breach of transmission rights under s.298 of the Copyright Design and Patents Act 1988.
The Football Association Premier League Ltd v Thompson & Others; instructed for the Football Association Premier League Ltd in a number of actions seeking to interdict premises from showing live football matches transmitted from outwith the U.K, contrary to s.298 of the Copyright Design and Patents Act 1988.
International
Instructed in a number of actions with a private international law dimension: see Stokors S.A. v Steven Alexander, TOR Corporate A.S. v China National Star Petroleum Corporation and Anglo-Dutch Petroleum International Inc. v Ramco Energy plc above.
Professional Liability
The Legal Services Centre Ltd v Miller Samuel LLP [2006] CSOH 191; Solicitors negligence. Debate re time-bar.
Stewart Travel Centre v Wylie & Bisset; accountants' negligence claim based on the defenders' failures in understating the pursuers' liabilities in their financial statements, and on their negligent advice given in reliance on those erroneous statements. Sum claimed £2.4m. Settled prior to proof in May 2010.
Halifax Life Ltd v DLA Piper LLP; instructed for pursuers in claim based on solicitor's breach of warranty of authority in relation to a non-existent principal. Claim valued at approximately £4m. Settled prior to debate.
Martin McAllister v Wallace Hodge; ongoing action for breach of trust by a solicitor acting as trustee and professional adviser to the trust.
Cheshire Mortgage Company v Morna Grandison/Blemain Finance v Balfour & Manson; two actions against solicitors based on breach of warranty of authority, where those solicitors purported to act on behalf of the owner of property but were, in fact, instructed by a fraudulent party bearing to be the owner of the property. One of the actions is further based on the solicitors' breach of a letter of obligation.
Public Law, Judicial Review and Human Rights
ICL Inquiry; appointed as Junior Counsel to the Inquiry, chaired by Lord Gill, into the explosion at the ICL plastics factory in Glasgow. The Inquiry was the first held in Scotland under the Inquiries Act 2005, and was the first instructed jointly by the UK and Scottish Governments.
BJ v Proudfoot & Lord Advocate; [2010] CSIH 85; Inner House; challenge to the legislation allowing for the placing of children in secure accommodation; alleged incompatibility with Article 5 of the ECHR
Anderson v Shetland Islands Council & Scottish Water 2010 SC 446; Inner House appeal in judicial review proceedings. Concerned with the scope of water authority's obligations under the Sewerage (Scotland) Act 1968.
Tesco Stores Ltd v Dundee City Council & Asda Stores Ltd; Inner House appeal in judicial review against the decision of a planning authority. Concerned with the interpretation and application of the sequential test. Decision pending.
Lord Advocate v McNamara 2009 SC 598, Inner House; proceedings to have a party litigant declared vexatious; consideration of the tests to be applied.
The Scottish Ministers v Scottish Information Commissioner, re Alexander's Application and Elstone's Application 2007 SC 330, Inner House; appeal under the Freedom of Information (Scotland) Act 2002; application of the exemptions under sections 28 and 30 of the Act.
The Scottish Ministers v Scottish Information Commissioner, re Mr F's Application, Inner House; appeal under the Freedom of Information (Scotland) Act 2002, concerned with the application of the exemptions under sections 30 & 38. Conceded by the Scottish Information Commissioner on the day of the appeal hearing.
Viewpoint Housing Association Ltd v City of Edinburgh Council 2007 SLT 772, Outer House; scope of local authority's duties as roads authority and floods authority.
Thomson v Scottish Ministers; instructed for the Scottish Ministers in ongoing proceedings brought by the mother of a woman murdered by a prisoner whilst on home release. Based on alleged breach of Article 2 of the ECHR.
Howes v Lord Advocate & the Scottish Ministers; ongoing extradition appeal, concerned particularly with the Scottish Ministers' decision regarding the rule of speciality.
Petition of the Crown Estate Commissioners; see above.
Miscellaneous
Instructed on behalf of Dundee F.C. for 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.
Edinburgh Rugby Limited v Scottish Rugby Union: see above. Also instructed for disciplinary hearing brought by SRU.
Directories
Recommended for commercial litigation in the Legal 500 since 2005. Described in the latest edition as "an experienced and effective junior". Recommended as a Leader at the Bar in Chambers 2010, described as a junior who brings "common sense and an air of confidence to his cases," and "a lawyer who is clearly going places".
Additional Information
Fluent in Spanish