Kenneth specialises in the areas of Employment and Discrimination Law, Public Law and Commercial Law (primarily contractual disputes and disputes involving companies, directors and shareholders). He is dual qualified and appears in courts and tribunals in England and Scotland.
In 2018 he was appointed as a Standing Junior Counsel to the Scottish Ministers (meaning that he is instructed to conduct litigation on behalf of the Scottish Government). He is also a member of the Panel of Counsel for the Equality and Human Rights Commission in Scotland.
- 1999 – 2000 Bar Vocational Course, (Very Competent)
- 1986 – 1989 European University Institute, Florence (Research student).
- 1985 – 1986 Dundee University. Postgraduate Diploma in Energy Law.
- 1981 – 1985 Dundee University. LL.B (Hons) (Upper Second)
- 1976 – 1981 Notre Dame High School, Greenock – 7 ‘O’ levels and 5 ‘H’ levels.
- 1989 – 1997: Lecturer in Law, Law Department, London School of Economic and Political Science. Subjects taught: Commercial Law, Contract Law and Company Law.
- 1997 – 2000: Senior Lecturer in Law, University of East London. Subjects taught: Contract Law and Public and Human Rights Law
- 2018 – Standing Junior Counsel to the Scottish Ministers
- 2019 – Preferred Counsel for the Equality and Human Rights Commission (B Panel)
Employment and Discrimination Law
- Westerton (UK) Limited v Keith Armstrong 2018 UKEATS/0016/17/AT, EAT appeal
- Bluebird Buses v Mr Piotr Borowicki UKEATS/0009/17/JW, eat
- Aldridge & Others v Amey Services  EAT, test case on multiple historical holiday pay claims.
- Kidron House v Howie  UKEATS/0030/13/B1, successful appeal in EAT concerning compensation for pregnancy related dismissal.
- Graham Wallace v Energy Support Management Partnership Limited  UKEATS/0043/13/JW, successful appeal in EAT concerning interpretation of collective agreement for offshore oil workers in the North Sea.
- Andrew Sneddon v Carr-Gomm Scotland Limited  CSIH 28,  IRLR 820 CA successful appeal against decision of the EAT concerning unfair dismissal and ‘substitution mindset’.
- Acted on behalf of the Public and Commercial Services Union in July 2012 to defend application by Home Office for interdict in Scotland in recent ‘airport strike before Olympics’ case (parallel litigation in England which ended in settlement on morning of hearing).
- Sodexho v Unite and RMT  CSIH, successfully appeared on behalf of Unite and RMT to resist application by employer for interim interdict to prevent strike ballot in a case involving workers on North Sea oil installations.
- Argyll Coastal Services Ltd v Stirling & Others  UKEATS/0012/11/B1, TUPE ‘service provision’ case.
- Forrest v Renfrewshire Council  UKEATS (unreported), unfair dismissal appeal and application for expenses in the EAT.
- Paterson v MOD and BAE  UKEATS/0003/12/BI, TUPE ‘service provision’ appeal concerning transfer of activities at RAF Leuchars.
Public/Administrative Law and Human Rights
- Dryburgh v NHS Fife  CSOH 116, petition for judicial review raising issues of Article 6 ECHR and scope of reviewable decisions in Scots law.
- Petition of MASH Holdings Ltd v The Scottish Football Association and Mr Dave King  CSOH 86, successfully represented Dave King in petition for judicial review brought by MASH Holdings Ltd.
- Sturridge v General Teaching Council for Scotland,  S.C. 478, successful statutory appeal against refusal by the regulatory body to permit him to teach in Scotland. Widely reported in the press as a ‘landmark’ decision that led directly to change in practices of the regulatory body.
- Fox Solicitors Limited v Advocate General for Scotland  CSOH 133, instructed by the Equality and Human Rights Commission in a challenge against the legality of the introduction of fees for employment tribunals.
- TN (Petitioner)  CSOH 85, successful challenge against a decision of the Secretary of State depriving him of a right of appeal.
- JN (India) v Secretary of State for the Home Department  CSOH 49, represented teacher of traditional Indian dance and culture against refusal of a visa application.
- MBR v Secretary of State for the Home Department  CSIH 66, ‘test case’ raising important issues as to the quorum for a Division in the Inner House of the Court of Session.
- OWA (United States) v Secretary of State for the Home Department  CSOH 52, successfully represented a citizen of the USA in challenge against a decision refusing entry to the United Kingdom.
- L v Angus Council 2011 S.L.T. 853, and TL [Assisted Person] No 2  CSOH 196. Represented applicant in the first reported ‘age assessment’ case in Scotland.
- RA (AP)  CSOH 42. Successfully represented petitioner in a matter concerning the right to private and family life under Article 8 ECHR.
- MO (Assisted Person)  CSIH 20, successfully represented Respondent in reclaiming motion by the Secretary of State.
- AKA (Petitioner)  CSOH 86, leading case concerning the application of the ‘second appeals test’ in judicial review proceedings in Scotland.
- Ian Hay v HMA (and 6 other related cases)  HCJAC 28. Seven conjoined criminal appeals relating to sexual offences in which I was instructed with senior counsel on behalf of the Respondent. The appeals raised issues relating to the right to a fair trial under Article 6 ECHR and the compatibility of the sexual offences register with Article 8 ECHR.
Areas of Practice
- Employment and Discrimination Law
- Public/Administrative Law and Human Rights
- Civil Litigation & Commercial Law
- Punishing Decision: Protective Awards Punitive Not Compensatory’ Solicitors’ Journal 6 August 2004 (Note on decision of CA in Susie Radin Ltd v GMB 2004 IRLR 400)
- ‘No Entry’: A Critical Reading of the Asylum and Immigration Act 1996″, in Shah and Doebbler (eds.) United Kingdom Asylum Law in its European Context (1999, Platinum/GEMS)
- ‘State Liability for Breach of European Law’, Legal Action (1996) December
- ‘Challenging Exclusion Orders’, Legal Action (1996) September
- ‘Discretionary Lifers and Parole’, Legal Action (1995) December
- ‘Banking Beyond the Single Market: Monetary Policy and the European Central Bank’, in Cranston (ed.) The Single Market and the Law of Banking (London, 1994)
- ‘The Role of Auditors in Protecting Against Bank Fraud’, in Norton (ed.) Banks, Fraud and Crime (London, 1994)
- ‘Emergent Trends in Bank Supervision in the United Kingdom’ (1993) 56 Modern Law Review
- ‘Banking Supervision after Bingham: The end of an era?’ (1993) Vol. 4, Issue 2 International Company and Commercial Law Review
- ‘The Europeanisation of Banking Regulation’ (1990) Vol. 3 Journal of the International Economic Law Society of Canada
- Fulham Football Club v Cabra, Note (1992) Vol. 3, Issue 11 International Company and Commercial Law Review
- ‘Cross-Border Electronic Banking: Opportunities or Risk?’ Banking World, March 1994
- Bank of Credit and Commerce International SA v Aboody and Another, Note (1993) Volume 8 Issue 3 Journal of International Banking Law
- Blumberg, The Multinational Challenge to Corporation Law: The Search for a New Corporate Personality (Oxford, 1993), Review (1994) 57 Modern Law Review
- Robert C Effros (ed.) Current Legal Issues Affecting Central Bankers: Volume 1 (1992, International Monetary Fund), Review (1993) Vol. 8, Issue 4, Journal of International Banking Law
- Michael Gruson and Ralph Reisner (eds.) Regulation of Foreign Banks: United States and International (London, 1993), Review (1992) Vol. 7 Issue 11 Journal of International Banking Laws.