Desmond Cheyne KC

A well regarded and highly experienced practitioner. Desmond regularly appears in the Court of Session and Sheriff Courts and is known for his easy manner as well as formidable court room skills. He has a wide-ranging practice but is best known for his expertise in financial provision on divorce, cases involving children and criminal cases involving proceeds of crime and fraud.

Desmond is regularly instructed in high value financial provision on divorce and cohabitation cases, often involving business and trust structures and overseas assets.

He has dealt with applications for emergency orders to protect assets and with cases involving financial misconduct.

He has experience of dealing with complex and sensitive issues such as non-accidental injury, parental alienation, mental health, addiction and sexual and domestic abuse.

Desmond has been instructed in criminal cases representing parents charged with attempted murder, he has done several shaken baby cases and has experience representing clients who lack capacity. He has experience in dealing with complex medical evidence and expert opinion and in cross-examining a wide range of experts.

Recently instructed in a number of cases under the Proceeds of Crime Act 2002, he combines this work with an extensive practice in contractual disputes.  He is also known for his expertise in trademark and copyright law.  He is a fluent French speaker.

Reported Cases

Family / Financial Provision

• HAJ -v- NJ & Others [2021] CSOH 67
• SCA -v- MMA [2020] CSIH 66
• R v R [2018] CSOH 47 financial provision
• Susan Dow or Sweeney -v- Patrick Cornelius Sweeney [2005CSIH65]
• Teresa Samantha Reid or Coyle -v- Daniel Patrick Coyle [2004] Fam LR 2

Family / Children

• ZA and MN -v- (First) B, (Second) A, (Third) Advocate General For Scotland And Others [2022] CSOH 38 – Relocation
• ML -v JH [2021] CSOH 50 – Hague convention
• Petition of The Principal Reporter -v- (First) JPK and (Second) JR, First Respondent and Reclaimer and Second Respondent; and (First) The Lord Advocate and (Second) LRK’S Curator Ad Litem [2010] CSIH 5 – The Children (Scotland) Act 1995

Commercial

• Samsung Semiconductor Europe Limited -v-(First) Chris Docherty and (Second) Julie Docherty [2011] CSOH 32
• Stewart Wells Hill and Robert Thomson Hill -v- Stewart Milne Group and Gladedale (Northern) Limited (Formerly Bett Limited) [2011] CSIH 50
• William Grant & Sons International Limited -v- Marie Brizard Espana S.A.,
• Petition of S.A. Marie Brizard Et Roger International for Registration of a Judgment of the Cour d’Appel de Bordeaux dated 29 January 2001

Criminal Cases

• Appeal Against Conviction and Sentence by RB -V- HMA [2017] HCJAC 24 – Corroboration
• Appeal by HMA -v- (First) Gary Martin Withey and (Second) David Henry Grier [2017] HCJAC 47
• Appeals by (First) William O’Neill; (Second) Deborah Hayburn; and (Third) Denise McNeil -v- HMA [2014] HCJAC 124 – proceeds of crime/mortgage fraud
• The Scottish Ministers -v- YK [2013] CSOH 129 – proceeds of crime

Qualifications

• MA English Literature
• BA (Hons) English Literature
• LLB
• Diploma in European Legal Integration (University of Amsterdam)
• Diploma in European Competition Law (University of Amsterdam)
• French Government Advanced Diploma in French Language