Kenny Gibson

Junior (Called for over seven years)

Year of call: 2008

General information

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.

Publications
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.

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

Areas of expertise

Contact

T: 0131 260 5654

Steven Walker KC to speak at the flagship event of Thailand Arbitration Center (THAC)

We are delighted to invite you to attend the flagship event of Thailand Arbitration Center (THAC) “International ADR Week 2022” with the most excited topic that you are looking for “Arbitration and ADR Beyond the Pandemic”. 

The webinar is entitled “Arbitration and ADR Beyond the Pandemic” and will feature Steven Walker QC of Themis Advocates.

14th July 2022 at 10:00 – 18:00 (GMT+7 Thailand time)

Please register from this link here

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Commercial / Land & Property Seminar

Friday 21st April 2023

1 William Street, Glasgow G3 8HT

Themis are delighted to invite you to attend our Inaugural Glasgow Conference on Friday 21st April at the Hilton from 1pm-5pm.  Talks will be provided on Commercial and Land & Property.  The event is free to attend, however a donation to our charity of the year Andys Man Club would be appreciated.  You will be accredited 3 hours CPD and is open to all solicitors, trainees and paralegals. 

To register please complete the undernoted registration form.

1:00 – Registration & Refreshments

1:30Andys Man Club (Charity of the Year)

1:45Michael Upton – If Personal Bar is Personal can it also be Real?

2:30Alan McLean KC – The Law of Prescription

3:15 – Refreshment Break

3:30Catherine MacColl – How bright a light at the end of the tunnel? How to consider director’s duties in the face of insolvency following the case of BTI 2014 LLC v Sequana SA.

4:15Julie McKinley – Case law update

5:00 – Conclusion

5:15 – Drinks and Canapes for which all attendees are invited.