Laurence C. Kennedy, Advocate

Home | About_me | Areas_of_Practice | Testimonials | Leave_Feedback | Contact_me

Areas of Practice and Examples of Cases

advocate.JPG

Bankruptcy and Insolvency

Commercial and Contract Disputes

Employment Tribunals

Intellectual Property Law (examples)

Licensing Law (examples)

Media Law (Defamation, Privacy, Copyright, Contempt of Court) (examples)

Medical or Clinical Negligence (examples)

Personal Injury and Fatal Accidents (examples)

Professional Negligence

Property Law and Conveyancing (examples)

 _______________________________________________

 

 

Examples of Cases

Personal Injury and Fatal Accidents

 

·               Laurence regularly acts for pursuers in cases involving serious personal injury, often resulting in substantial loss of earnings and a need for ongoing personal care. 

 

·                He has acted for a number of young people who suffered severe acquired brain injury before establishing any meaningful career path.

 

·               He has acted in many cases involving claims for loss of society and loss of support by relatives following fatal accidents. One such case proceeded as far as proof on the question of pension loss following conflicting actuarial evidence.

 

·                He receives regular instructions to defend personal injury actions in the Court of Session on behalf of local authorities and, occasionally, insurers.

 

(back to list of practice areas)

 

 

 

 

 

 

 

 

Medical or Clinical Negligence

 

·                Laurence has acted in a number of complex medical negligence actions arising out of negligently performed surgery (two involving hepato-biliary surgery).

 

·                He has acted in two cases based on obstetric negligence following the death of a child in utero following prolonged pregnancy and labour.

 

·                He acted for a pursuer who suffered a loss of sight as a result of ophthalmic negligence.

 

·               He has acted for a pursuer in a dental negligence case following the onset of osteoradionecrosis following dental extraction.

 

·               He acted for a pursuer who suffered serious brain damage following delayed medical treatment by his General Practitioner.

 

·               He has advised in numerous cases based on alleged negligent treatment by a GP or hospital doctor.

 

(back to list of practice area)

 

 

 

 

 

 

 

 

Media Law (Defamation, Privacy, Copyright, Contempt of Court)

 

·                As legal adviser to The Scotsman and other newspapers, Laurence gave regular pre-publication advise on issues of defamation, contempt of court and breach of copyright.  In this capacity he has reviewed and advised on many thousands of news stories.

 

·                Laurence has acted for both pursuers and defenders in a number of defamation actions in both the Court of Session and Sheriff Courts.

 

·                He has appeared in the High Court on behalf of the press to seek recall of reporting restrictions under the Contempt of Court Act 1981. 

 

·                He acted for Associated Newspapers in obtaining recall of an order by an Employment Tribunal preventing the identification of Kevin Costner as the celebrity involved in an incident at the St Andrews Old Course Hotel (click here for the story).

 

·               He acted for Scotsman Publications in defending a group action raised by photographers claiming breach of copyright following internet use of their photographs.

 

·                He successfully obtained an interim interdict, at a weekend sitting of the Court, on behalf of a local authority against the Sunday Times based on breach of confidence.

 

·               He acted for Scottish & Universal Newspapers in an action for breach of copyright following misuse of their masthead (Scottish & Universal Newspapers v Mack 2004 SCLR 127).

 

·               He has advised a public regulatory body about the defamation risks associated with the creation of an internet discussion forum.

 

(back to list of practice areas)

 

 

 

 

 

 

 

 

Licensing Law

 

·               Laurence has acted for the licensing board and for licensees in appeals following refusal of a liquor license based on the unsuitability of the premises, unfitness of the licensee or overprovision in terms of section 17 of the Licensing (Scotland) Act 1976 .

 

·               He has also acted for the licensing board and for licensees following the suspension of a liquor license in terms of section 31 of the Licensing (Scotland) Act 1976.

 

·               He acted for the successful appellants in Curly Lloyds v Clackmannanshire Licensing Board [2007] 36 SLLP 26 following the misapplication of the “due diligence” defence by the licensing board.

 

·                Laurence has also acted in appeals following the refusal of betting shop licenses and taxi licenses.

 

·               In preparation for the Licensing (Scotland) Act 2005 coming into force, Laurence obtained the Certificate in Liquor Licensing in 2006 and completed the Licensing Masterclass in 2007.

 

(back to list of practice areas)

 

 

 

 

 

 

 

 

Property Law and Conveyancing

 

·               Laurence regularly acts in cases involving disputes over boundaries, title conditions, servitudes and breach of missives (many of which, by their nature, proceed to proof).

 

·               He has acted in two novel cases in which property developers seek to enforce a verbal contract for purchase of land in reliance on section 1(3) of Requirements of Writing (Scotland) Act 1995.

 

·                He acted for the pursuers in Barker v Lewis 2007 (Sh Ct) 48 which was the first case to interpret section section 8(3)(a) of the Title Conditions (Scotland) Act 2003. The decision caused much controversy and academic discussion (see Professor Kenneth Reid, "Interest to Enforce Real Burdens: how material is "material", 2007 11 Edin LR 440 and Professor Robert Rennie, "Real Burdens - A Question of Interest" 2007 SLT News 89). The appeal to the Sheriff Principal is not yet reported.

 

·               He acted for a local authority in their application for consent to dispose of property held for the common good (click here for the story).

 

(back to list of practice areas)

 

 

 

 

 

 

 

 

Intellectual Property Law

 

·               Laurence acted for the defenders in a long running litigation following an alleged breach of copyright in design drawing, and breach of design rights, for agricultural equipment.  This involved a separate petition for recovery of documents and property under section 1 of the Administration of Justice (Scotland) Act 1972.

 

·               He acted for Scottish & Universal Newspapers in an action for breach of copyright following misuse of their masthead (Scottish & Universal Newspapers v Mack 2004 SCLR 127).

 

·               He acted for Scotsman Publications in defending a group action raised by photographers claiming breach of copyright following internet use of their photographs.

 

·               He acted for an multi-national sales company in an action for interdict, damages and additional damages for breach of copyright in their marketing material.

 

(back to list of practice areas)