The Legal 500

Twitter Logo Youtube Circle Icon LinkedIn Icon

Brodies LLP

31-33 UNION GROVE, ABERDEEN, AB10 6SD, SCOTLAND
Tel:
Work 01224 392242
Fax:
Fax 01224 392244
DX:
AB10 ABERDEEN
Email:
Web:
www.brodies.com

Kenneth MacDonald

Tel:
Work 07805 770310
Email:
Brodies LLP

Work Department

Partner in business disputes and asset recovery division at Brodies

Position

Ken is an Aberdeen-based partner in the business disputes and asset recovery division of Brodies. Ken has practised in Aberdeen for over 18 years. He has a thorough understanding of the oil and gas, and property development sectors in Scotland. His primary area of expertise is commercial litigation through the provision of legal representation in commercial court proceedings in both the Court of Session and the Sheriff courts. He is well versed in the use of alternative methods of dispute resolution, including mediation, negotiation and arbitration. Ken’s practice comprises a mix of commercial and corporate disputes, insolvency, contractual disputes and property litigation.

Career

Trained McGrigor Donald 1993-95; solicitor McGrigor Donald 1995-96; solicitor Paull & Williamsons 1996-2001; associate Paull & Williamsons 2001-04; partner Paull & Williamsons 2004-12; partner Burness Paull & Williamsons 2012-13; partner Brodies LLP 2013 to date.

Member

Qualified Lawyers Transfer Test and thereafter a member of the roll of solicitors for England and Wales 1996; member of Law Society of Scotland; Law Society of England and Wales; Aberdeen Bar Association; Grampian Area Insolvency Group; Society of Advocates; committee member of the northern chapter of the Chartered Institute of Arbitrators; Oil & Gas UK Legal Issues Forum ADR Workgroup.

Education

Nairn Academy (1988); Glasgow University (1992 Public International Law Honours; 1993 Diploma in Legal Practice).

Leisure

Golf, swimming and music, member of Nairn Golf Club.


Scotland: Dispute resolution

Commercial litigation

Within: Commercial litigation

Brodies LLP's team has vast experience in high-profile and business-critical litigation, with its workload spanning areas such as insurance, competition, IP/IT, shipping and pensions, among many other areas. Manus Quigg and Louise Shiels together have nearly 30 years of experience of construction disputes. Practice head Joyce Cullen has a 35-year track record in the commercial disputes arena, with a particular strength in banking and financial services litigation. Reflective of the high quality of the team, it includes a team of solicitor advocates across the offices in Edinburgh, Glasgow and Aberdeen (two of whom are standing junior counsel to the Scottish government).  Corporate restructuring and insolvency experts Rachel Grant and consultant Colin McIntosh are acting for the liquidators of RFC 2012 Plc (in liquidation); the matter recently involved a UK Supreme Court appeal on employee benefit trusts used for the benefit of football players and executives. In 2017, Alan Calvert, Odell Milne and associate Adam McKinlay successfully represented a firm of solicitors and its indemnity insurers at the UK Supreme Court in a case arising from the drafting of notices to quit in  agricultural tenancies. Laura McMillan made partner in November 2017. Kenneth MacDonald is a name to note in Aberdeen. Iain Rutherford, Stephen Goldie and Robert Buchan are also recommended. Tony Jones QC joined from BTO Solicitors LLP.

[back to top]

Scotland: Real estate

Property litigation

Within: Property litigation

Brodies LLP's 'incredibly professional' team has a tremendous record of success in dilapidations cases, complex disputes concerning contractual interpretations, and commercial landlord and tenant matters. Stephen Goldie and solicitor Chloe Postlethwaite are advising a private equity fund on various contentious issues associated with a retail park and large shopping centre, such as tenant insolvency, recovery of arrears, keep open actions and common parts issues. The firm has developed a first-rate reputation in disputes over business rates. Matthew Farrell and Postlethwaite recently acted for a number of non-domestic ratepayers (including accountants, oil companies and high street retailers) located in Aberdeen on challenging their business rates before the Valuation Appeal Committee. TIAA Henderson Real Estate, Moorfield and Pramerica are among other clients. Ken MacDonald, who is dual-qualified in English and Scottish law, is experienced in resolving disputes through methods such as litigation, mediation, arbitration and expert determination. Tony Jones QC joined from BTO Solicitors LLP.

[back to top]


Back to index

Legal Developments by:
Brodies LLP

  • Scottish planning obligations: modification and discharge – the story so far


    Planning obligations 1 (formerly agreements), which restrict or regulate the use or development of land, perform a crucial function within the planning system. In Scotland in particular, where the community infrastructure levy has not been adopted, the planning obligation continues to be the primary mechanism for the delivery of much needed local and regional infrastructure through developer contributions, often involving very significant sums. 

    - Brodies LLP

Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • The Cayman Islands Data Protection Law, 2017

    The following information relates to the enactment of The Cayman Islands Data Protection Law, 2017 (" DPL "), which was expected to come into force on 29 January 2019, will now come into force in September 2019. The DPL will regulate the future processing of all personal data in the Cayman Islands.
  • The Mutual Funds Law (2019 Revision)

    The following information relates to the enactment of The Mutual Funds Law (2019 Revision) and the subsequent commencement of related sections of The Mutual Funds (Amendment) Law 2015. The changes require certain funds to notify the Cayman Islands Monetary Authority if they are active in EU jurisdictions.
  • Stuarts Success - Case Review: Toby -v- Allianz Global Risks US Insurance Company

    Toby –v- Allianz Global Risks US Insurance Company, FSD 152 of 2013 (IMJ), Judgment delivered on 29 August 2018
  • Security Token Offerings in the Cayman Islands

    Security Token Offerings (“STOs”) are an extremely popular means of fundraising for new projects and utilise blockchain technology to do so. Whilst no specific legislation has been passed by the Cayman Islands Government in connection with STOs and cryptocurrencies, it would be incorrect to say that STOs are “unregulated”.
  • "BLACK FRIDAY" - NOW FREELY USABLE FOR PROMOTIONS IN AUSTRIA

    Black Friday is unquestionable one of the most profitable and busiest days of the year for retail, particularly online. Worldwide almost all online store do offer sales or special promotions on Black Friday or Cyber Monday. Already after this practice has established online, a trademark for " BLACK FRIDAY " was registered in Germany back in 2013. In 2016 a Chinese company acquired the trademark and then filed in 2017 for its extension to Austria. Based on the registered trademark, it granted exclusive rights to an Austrian company, which licensed usage rights to various partner stores against remuneration. Further, an exclusive " Black Friday-Cooperation Program " was established. Non-partners who used the event name or trademark were prosecuted and requested to either pay a license fee or refrain from running Black Friday promotions. Some followed the request and entered into license agreements. Some, however, did challenge the validity of the trademark. Finally, respective proceedings to check the actual protection of the trademark were initiated. Austrian courts now held that the trademark " BLACK FRIDAY " is not protected in Austria .
    - Dorda
  • The Zero Carbon Bill - a closer look

    ​​​​The long-awaited "Zero Carbon Bill" was finally released on 9 May, but despite being greeted by considerable media interest there are a number of significant issues that have yet to come to the fore.
  • A link tax in New Zealand?

    ​​​​A controversial payment to publishers for content in Europe has implications for New Zealand – despite escaping mention in a recent paper that set out the key issues for review for our own copyright laws.
  • News media exemption under the Privacy Act: now a matter of "responsibility"?

    The role of the news media as the "eyes and ears" of the public, and the corresponding right of such news media to be exempted from the Privacy Act 1993 ( Privacy Act ), is entrenched and well accepted. However, the extent to which the news media exemption applies to non-traditional forms of "news" published by "civilian journalists", such as online commentary and blogs, is a hotly debated subject.
  • Quarterly Update on Trade Defense Cases in Turkey (June 2019)

    The authority to initiate dumping or subsidy examinations, upon complaint or, where necessary, ex officio , has been given from the Ministry of Economy to the Ministry of Trade ("Ministry"). Within the scope of this authority, the Ministry announces its decisions with the communiqués published on the Official Gazette.
  • Company Formations - A jurisdictional guide to setting up a business

    The following article contains the Foreword in the IR Global Virtual Series brochure on 'Company Formations - A jurisdictional guide to setting up a business'.