Kenny McBrearty KC

Commercial Law

• Administrators of BUPL Realisations Ltd, Noters 2026 CSOH 105. Note to determine whether certain payments would breach UK sanctions law under the Russia (Sanctions) (EU Exit) Regulations 2019.
• Jigsaw Bidco Ltd v Allen 2026 SLT 1059. Claim for breach of warranty under share purchase agreement.
• Abelia Ltd v Jet A UK Limited Partnership and others. Claim by owner of a private jet for alleged fraud and conspiracy to defraud by the pilot and operators of the jet. Judgment awaited.
• Kidd v Lime Rock Management LLP 2025 SC 301 on appeal, after proof, 2024 SLT 247 . Claim for alleged unlawful means conspiracy to defraud in relation to share purchase agreement; sum sued for $210m. Successfully defended claim after 6 week proof, and on appeal.
• Mex Group Worldwide Ltd v Ford 2025 CSOH 39 and 2024 SLT 901. Defended claim of unlawful means conspiracy, alleged to have been aimed at reneging from a lawful agreement. Sum sued for £85m.
• Cowie v Vitality Corporate Services Ltd 2025 SLT 827. Claim for payment under an insurance policy, refused on the grounds of misrepresentation.
• Liv Golf Inc. v R & A Trust Co (No.1) Ltd 2023 SC 305. Petition to recover documents and take witness evidence in Scotland for the purposes of US proceedings, in terms of the Evidence (Proceedings in Other Jurisdictions) Act 1975.
• Tomatin Distillery Ltd v Tomatin Trading Co. Ltd 2022 SLT 745. Appeal in relation to alleged infringement of trade marks and passing off.
• HCCI International Insurance Co plc v Sco ish Ministers 2021 SLT 10 Construction of an intercreditor agreement relating to shipbuilding contracts
• Burnett v International Insurance Company ofHanover Ltd 2021 SC (UKSC) Appeal to the Supreme Court regarding the interpretation of a public liability insurance contract.
• SSE Generation Limited v HochtiefSolutions AG 2018 SLT Appeal in commercial proceedings arising out of the collapse of a hydro-electric tunnel. Sum sued for in excess of £130m.

Public and Administrative Law

• X v Brown and the Lord Advocate 2026 SC (UKSC) 57. Appeal to the UK Supreme Court on the issue of whether the Crown is vicariously liable for the acts of a judicial office holder carried out other than in the course of judicial duties.
• For Women Scotland v Scottish Ministers 2026 SLT 607. Judicial review concerning the management of transgender prisoners. Instructed for interveners, the Scottish Human Rights Commission.
• MacFadyen v Scottish Ministers. Action for breach of article 2 of the ECHR as. a result of a death in custody, resulting in a proof focused on the issue of the proper approach to the award of damages under the Human Rights Act. Judgment awaited.
• Greenpeace Ltd v Advocate General for Scotland and others 2025 SLT 303. Judicial review of the granting of consent for North Sea oil and gas projects, focusing on the correct remedy to be granted where the consent was admittedly unlawful in the light of Supreme Court authority issued following the grant of consent.
• James Craig v Her Majesty’s Advocate 2022 SC (UKSC) 27. Appeal to the Supreme Court re alleged incompatibility of extradition proceedings with article 8 rights as a result of failure to enact statutory provisions.
• 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 1 Appeal to the Supreme Court regarding the scope of the statutory provisions intended to remedy 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.

Product Liability and Group Litigation

• Maguire v Black Isle Electrical Ltd & Nissan [2026] CSOH 51, [2026] ECC 19; acted for defenders in relation to claim that a seat belt was defective following it having come unbuckled during a rollover crash.
• Donnelly v Johnson and Johnson Medical Ltd 2026 SLT 685. Successfully resisted (at first instance and on appeal) an application for permission to bring group proceedings on behalf of claimants alleged to have suffered injury as a result of the use of hernia mesh.
• Hastings v Finsbury Orthopaedics Ltd 2022 SC (UKSC) 43. Successfully defended claim that a metal-on-metal hip was defective and ultimately succeeded in an appeal to the UK Supreme Court.
• Instructed for Volkswagen in the ongoing Nox emissions group
• Instructed for easyJet in ongoing group proceedings regarding alleged data breaches.
• Instructed for Johnson and Johnson in relation to ongoing group proceedings regarding the use of Baby Powder.
• Instructed for prominent pharmaceutical company in relation to an allegedly defective vaccine.
• Instructed for Johnson and Johnson in the vaginal mesh litigations.

Media Law

• Ashton Properties (Glasgow) Ltd v Unite the Union 2026 SC (SAC) 62. Appeal concerning the meaning of defamatory social media posts.
• BBC v Chair of the Scottish Child Abuse Inquiry 2022 SC 184. Judicial review and subsequent appeal in relation to restriction orders imposed by Chair of a Public Inquiry which were ultra vires and which were said to have impinged on the open justice principle.
• BBC Petitioners 2020 SLT 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 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 Defamation action based on allegations of racism made by one member of a political party against another.
• A v Procurator Fiscal, Dundee 2018 SLT Application to the High Court to obtain anonymity orders and reporting restrictions for a blackmail victim.

Insolvency

• Administrators of BUPL Realisations Ltd, Noters 2026 CSOH 105. Note by administrators to seek directions as to whether certain payments would breach UK sanctions law and for directions to continue as administrators.
• Royal Bank of Scotland v Donnelly 2020 CSOH 10 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 2020 SC (UKSC) 23 appeal to the United Kingdom Supreme Court re gratuitous alienations.
• MacMillan v 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.

Professional Liability

• Bellshill Property Ltd v Borland Insurance Ltd & another [2026] CSOH 71. Pursued claim against insurance brokers for alleged failure in placing commercial insurance. Complex issues of causation.
• Centenary 6 Ltd v TLT LLP 2024 SLT 681. Claim against solicitors for negligence in failing to timeously lodge caution in proceedings brought by a client against the joint liquidators of a subsidiary company. Proof and appeal heard on complex issues of causation and loss.
• Joint Liquidators of RFC 2012 plc, Noters 2022 SLT 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 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 4 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.

Property Litigation

• Tecjet Ltd v Kier Construction Ltd. Claim for damage to neighbouring property after the fire at the Glasgow School of Art. Defended main contractors who were carrying out renovation works and who were said to have failed to take proper steps to prevent the spread of fire.  Awaiting judgment after a 4 week proof.
• MacBean v Sco ish Water 2020 SLT 707 (first instance)  and 2021 SCLR 549 (on appeal). Claim for alleged odour nuisance from waste water treatment plant.
• West Dunbartsonshire Council v William Thompson & Son (Dumbarton) Ltd 2016 SLT 1 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 Commercial court proceedings and appeal relating to the interpretation of a contract and indemnity concerning the sale of development land.

Sport

• Regularly instructed in SFA disciplinary proceedings, particularly at appellate stage, both for the SFA and the clubs and players who are subject to sanction.
• Instructed at SPFL hearing concerning ticket allocation for major football match.

• • Chambers UK Bar – Recommended as leading silk in Administrative & Public Law (Band 1); Media Law (Band 1); Commercial Dispute Resolution (Band 1); and Product Liability (Band 1)

   

  Quotes

  “McBrearty’s calm approach, which is ‘loved by clients’ and instructing solicitors alike, and his ability to handle all manner of challenging commercial and public law cases, has earnt him a reputation as one of Scotland’s ‘top drawer silks’ who operates ‘at the top of the Bar.’”

  “Kenneth is one of the most senior KCs in Scotland. He is very clear-headed, confident and bold when it comes to presenting cases.”

  “Kenny has an incredibly effective, natural style of communicating with the court; he is a very persuasive advocate, with outstanding skill”

  “Kenneth is a masterful pleader with an astute ability to present complex issues in an understandable and approachable manner.”

  “His advocacy style is robust and persuasive, without being aggressive. He is a real team player.”

  “Kenneth is an excellent and forensic practitioner who always kept the commercial awareness of the matter at the forefront of his mind.”