Themis Advocates

Kenny Gibson

Year of Call: 2008

Kenny practised in civil litigation as a solicitor for nine years. Since calling to the bar he has continued to practise in civil law with particular emphasis on disputes involving Employment Law, Reparation (including professional and medical negligence), Land Law and Wills and Executries. His wider interest in the law means that he is also instructed in disputes involving matters outwith those areas. He regularly appears in the Court of Session, Sheriff Courts and the Employment Tribunal.
A very thorough individual; Kenny is an extremely effective and pleasant advocate who does a large amount of work in a timely way and approachable fashion.
Recent Cases:
McBride v Scottish Police Services Authority [2016] UKSC 27:  Appeal from the Inner House of the Court of Session to the Supreme Court. The appellant was a fingerprint officer involved in the identification of the Y7 fingerprint in the Shirley McKie case. The appellant, whom Kenny acted for in the appeal before the Inner House and Supreme Court, was dismissed in the aftermath of the case. The ET had found the appellant’s dismissal to be unfair and ordered reinstatement. The issues at appeal were whether they were correct to do so and whether the Inner House was correct to characterise the ET’s order for reinstatement as one purporting to reinstate to a different contractual role from the one the appellant was dismissed from. The Supreme Court unanimously upheld the appellant’s appeal the EAT and the Inner House below having found against her.
Watt v Lothian Health Board [2015] CSOH 17: Judicial review of a decision of a health board to withdraw a medical service. The challenge was based on arguments that the respondent breached the public sector equality duty to have “due regard” to the potential effects of the decision on those with protected characteristics under the Equality Act 2010.
McVicar v D [2014] CSOH 61; 2014 G.W.D: Case involving claims in unjustified enrichment where a householder and a building society were both victims of a mortgage fraud.

Equal Pay cases:  Kenny has recent experience in the ongoing equal pay mass litigation against local authorities in the Employment Tribunals following the introduction of new pay and grading models under Single Status designed to eliminate unlawful differences in pay based on gender.
Potential challenges to decisions regarding the funding of the care of the disabled under the direct payment regime S.L.T. 2012, 28, 163-167. This article explores local authorities' use of resource allocation systems as tools to make decisions as to the level of direct payments made to fund the care of the disabled. It comments on the significance of the Supreme Court decision in R. (on the application of KM) v Cambridgeshire CC [2012] UKSC 23, relating  to the equivalent English statutory framework, in which the court identified a four stage test in making a decision as to what sum to award a person by way of direct payment. The issue of the applicability of the test in Scotland is explored.

General Information

  • Diploma in Legal Practice, University of Dundee
  • LLB (accelerated),University of Dundee
  • BA Philosophy (1st class honours), Milltown Institute, Dublin