Neil Kinnear has a wide-ranging commercial practice. He has considerable experience in disputes concerning commercial contracts, heritable property, landlord and tenant, valuation for rating, bankruptcy and insolvency, unjustified enrichment, and succession. He has appeared in a variety of cases in the Court of Session (including the Inner and Outer Houses and the Commercial Court), in the Sheriff Courts (including appeals to the Sheriff Principal), and in valuation for rating cases in both the Lands Tribunal for Scotland and in hearings before various Valuation Appeal Committees.
He also frequently provides advice to clients before potential disputes reach the courts (both at consultation, and by way of written opinion), and helps to negotiate settlements which avoid the necessity for litigation.
Neil is a keen sailor who sails around the islands of the west coast of Scotland when he has spare time in the summer. He has successfully completed both the RYA Yachtmaster Shorebased theory course and the RYA Coastal Skipper Practical Course, both of which involve having a detailed understanding of the International Regulations for Preventing Collisions at Sea, 1972 as amended. He also regularly enjoys spending time with his wife and young family and going to the gym to keep fit.
- Advocate Depute ad-hoc (2000)
- Regular Speaker at Legal Services Agency Seminars
- Part-time lecturer and tutor in Civil Litigation and Advanced Civil Litigation at University of Glasgow Diploma in Legal Practice
- Speaker at CLT Insolvency Conference 2004
- Regular Speaker at Faculty of Solicitors of Dunbartonshire CPD Seminars
- Contributor to The Laws of Scotland, Stair Memorial Encyclopedia (Re-issue - Delict)
- Lady Taylor v Brunton 1998 SLT (Sh. Ct.) 72 (decision of Sheriff Principal concerning distinction between universal and singular successors, and liability for contractual obligations of deceased)
- Groenius BV v Smith 2003 (O.H.) SLT 80 (decision concerning liability of legal agents and prescription)
- The Performing Right Society Limited v Mohsan (unreported) Airdrie Sheriff Court 7th July 2004 (decision after proof on issues related to liability for copyright infringement)
- Connolly v Brown 2007 SLT (O.H.) 778 (decision after 3 week proof concerning liability of a former agent for profits made after the termination of the agency relationship)
- Roeser v City of Edinburgh Council 2007 SC (I.H.) 523 (decision concerning meaning of "empty dwelling" for the purpose of Council Tax discount)
- Henderson v Royal Bank of Scotland plc 2008 SCLR 823 (decision concerning recoverability of pure economic loss following negligent mis-statement)
- Rafique v Ashraf 2012 GWD 33-661 (decision refusing late amendment by defender in course of procedure roll)
- Bal-na-gask (Holdings) Ltd v North Lanarkshire Council(unreported) Hamilton Sheriff Court 18th March 2013 (decision on appeal, following debate, concerning exclusion of contractual claim for wrongful termination and damages from probation)