Kenneth Campbell

picture of Kenneth Campbell

Areas of interest
Commercial
Mediation
Mental Health Law
Personal Injury & Clinical Negligence
Property
Professional Negligence
Public Law
Tax & Pensions
Trusts & Succession

Year of Call
1996

Devil Masters
R B M Howie QC
R G Clancy QC

Summary of Practice

Kenneth has appeared in courts at all levels across Scotland, and has experience of cases in a range of areas of civil work. He has conducted a wide variety of contract and property disputes, personal injuries and professional negligence cases and cases arising out of insolvency. He regularly appears in public law cases, both before a range of statutory tribunals and in the Court of Session. He also has experience in some areas of tax.

Kenneth is also a CEDR accredited mediator.

Cases, trials, inquiries

 Mental health cases

(Serious harm test and mental health legislation)
 
Scottish Ministers v Mental Health Tribunal for Scotland, re JK  2009 SC 398
(Serious harm test and mental health legislation)
 
Paterson v Kent & others 2007 SLT (ShCt) 8
(Effect of time limits for convening and adjourning mental health tribunal)
 
Laurie v Mental Health Tribunal for Scotland (unreported), 30 August 2007, Sheriff Principal Kerr QC (Extent to which Mental Health Tribunal has inquisitorial role) 
 
Immigration cases
 
(Relationship between UN Convention on Rights of the Child and UK Immigration Law)
 
Tax cases
Scottish Widows v HMRC [2010] CSIH 47
(Taxation of life assurance companies)
 
Simpson & Marwick v HMRC (First Tier Tax Tribunal)
(VAT bad debt relief)
 
Commercial and other cases
Phoenicia Asset Management SAL v Alexander [2010] CSOH 71
(Recovery of fee by haver who holds substantial documents by virtue of being liquidator of company)
 
Williamson v Advocate General for Scotland  2006 SLT 611
(Recoverability of MOD Board of Inquiry report)
 
Abacus Estates Ltd v Bell Street Estates Ltd & Clinton Cards (Essex) Ltd [2006] CSOH 192 (Relationship between obligations of mid-landlord and sub-tenant)

Publications

Chapters on Civil Procedure & Expert Reports in 'Mental Health Law & Practice in Scotland' McManus & Thomson (eds)(2nd edition forthcoming)

Chapters on 'Civil Jury Trial' and 'The Procedure Roll', in Lord Macfadyen ed., Court of Session Practice (Tottel, looseleaf 2005-7)

'Security for costs from insolvent companies' [2000] JBL 278-281

'Access to European Community Official Information' (1997) 46 ICLQ 174-180

'Additional damages for breach of copyright: the approaches of Scotland and England compared' [1997] 9 EIPR 522-4

'Three Bad Rules Rectified ?: The Contract (Scotland) Act 1997' 1997 SLT (News) 225-7

Appointments

Standing Junior Counsel - Ministry of Defence, 2002 - date

Director of Training & Education - Faculty of Advocates, 2002-2005

Reporter - Scottish Legal Aid Board, 2000-date