“The best thing about being a commercial disputes lawyer is working with clients to help them find a successful outcome to their dispute, to be persuasive in court if the matter needs to be litigated, and occasionally to make a real difference. No two cases are ever the same.”

Kevin is the lead partner of the firm’s Workplace Risk and Regulation group. The team has a particular focus on health, safety, environmental and other regulatory offences; licensing compliance; fatal accident inquiries; and acting for defenders in personal injury claims.

Kevin has advised public and private sector clients in many disputes, including breaches of health and safety legislation, licensing issues, corporate crime, compliance (including anti-bribery and anti-corruption) and regulatory offences. A solicitor-advocate with civil rights of audience since 2015, Kevin has represented clients in the Court of Session, Sheriff Court (both civil and criminal), Tribunals, Liquor Licensing Boards, and elsewhere. Between 2016 and 2019 he was appointed as temporary junior counsel to the Advocate General for Scotland.

In 2017, Kevin was seconded to the Crown Office, where he prosecuted cases within the Health and Safety Investigation Unit and the Wildlife and Environmental Crime Unit. He also has experience as a tutor, at the University of Glasgow between 2005 and 2006, and at the University of Edinburgh between 2011 and 2020.

Areas of practice include:

Sector experience includes:

Admitted

2008: Scotland

Relevant experience

Health and Safety / Environmental / Planning

Leading a team acting on behalf of various clients in defending personal injury and health & safety actions (asbestos exposure; employer liability; noise-induced hearing loss; workplace injuries).
Defending a UK housing association: criminal proceedings arising out of a fatality to a resident.
Acting for a UK property investment and development company in relation to an investigation by SEPA.
For a religious body, successfully appealing an Improvement Notice served by the HSE.
Advising a timber harvesting company and its senior managers regarding an investigation by Natural Resources Wales.
Advising a chef in relation to investigations being conducted by Environmental Health Officers in connection with breaches of food safety law (allergens).
Advising the operator of a PFI project in respect of an appeal against a fire safety enforcement notice.
A farming business: defending a farmer prosecuted for a failure to adhere to an Enforcement Notice, and a breach of the Town and Country Planning (Scotland) Act 1997.

Licensing

Advising and representing a major supermarket chain, private member clubs, restaurants and hotels on applications for premises licences (or variations of licences) from local authority licensing boards for the on-sale and off-sale of liquor; representing clients at licensing board hearings throughout Scotland.
Successfully appealing a decision of the licensing board to revoke a client’s premises licence.
Advising and representing a number of clients in respect of applications for taxi, public entertainment, HMOs, and short-term lets licences.

Regulatory

Krishinda Powers-Duff v The Nursing and Midwifery Council: instructed as a solicitor-advocate (as sole counsel) for the NMC in respect of an appeal brought against a decision of a panel of the NMC's fitness to practise committee (Court of Session, Inner House).
JS v The Nursing and Midwifery Council: appearing as a solicitor-advocate (as sole counsel) for the NMC in respect of a petition brought against the NMC for termination of an interim suspension order (Court of Session, Outer House).
Paul Mack v The Standards Commission: appearing (as solicitor) on behalf of the Standards Commission before the Sheriff Principal in respect of an appeal under section 22 of the Ethical Standards in Public Life etc (Scotland) Act 2000, specifically a decision by the Commission’s Hearing Panel to disqualify Mr Mack, and thereafter (as junior to The Right Hon. Lord Keen of Elie, KC) on appeal to the Inner House.
Petition of Edinburgh City Private Hire and Seven Sevens Cars Limited: acting as solicitor-advocate (as junior to James Findlay, KC) in judicial review proceedings against the City of Edinburgh Council.
Petition of IndigoVision Group PLC for sanction of a scheme of arrangement: acting as solicitor-advocate (as sole counsel) on behalf of IndigoVision Group PLC, the scheme of arrangement being the first such scheme to be dealt with on an entirely virtual basis during the COVID-19 pandemic.
The Scottish Salmon Company v Trouw (UK) Limited: acting as junior counsel (alongside another solicitor-advocate) in defending a £10million product liability claim in the Court of Session Inquiry.

Inquiries

Advising individuals in respect of evidence to be given to the Infected Blood Inquiry, the Scottish Child Abuse Inquiry and as part of Crown Office’s investigation into Covid-19 care home deaths.

Professional bodies

2015: Admitted as a Solicitor Advocate in Scotland

“Kevin has the ability to translate complexity into digestible chunks for clients who do not share the same level of understanding of the legislation. He has a very high degree of commercial awareness and pragmatism and he is also a very good negotiator, focused and efficient.”

Chambers (2024)

Further testimonials

“Kevin Clancy has a depth of knowledge and experience enhanced by time spent by him in the past at the Procurator Fiscal service.”

Legal 500 (2023)

“Kevin Clancy is a first-rate solicitor. Highly technically astute but able to explain complex concepts in accessible language. He is also able to bring to bear practical and commercial considerations which are often key to delivering effective legal advice.”

Legal 500 (2022)

Further information:

Recognition and memberships

Author of a book on the short-term lets licensing scheme: ‘A practical guide to the short-term lets licensing scheme in Scotland’, Law Brief Publishing (2023)
Member, Association of Regulatory and Disciplinary Lawyers (2011)