Practice Overview
Stuart is an experienced commercial advocate who has represented commercial clients in the Commercial Court, Chancery Division, Court of Appeal and in arbitration matters in disputes covering a broad spectrum of commercial law. He is recommended in Chambers UK under Commercial Dispute Resolution, noted for being “very personable” and that he “interacts well with clients” who like his “tough but pragmatic approach”.
Stuart was employed as a strategy consultant by McKinsey & Company and as a senior member of HSBC’s London based securitisation team. Consequently, he combines his extensive legal skills and experience with a real understanding of the commercial needs and objectives of his clients.
Stuart’s practice covers a wide range of areas of commercial law and as well as his extensive experience of commercial, contractual disputes, he has significant experience of disputes in areas such as commercial agency, commercial fraud, , restrictive covenants and restraint of trade (in commercial agreements and in contracts of employments), shareholder disputes, financial products, credit and security, professional negligence, construction (especially fraud in the construction industry) and disputes with government agencies and local authorities.
Stuart is a true specialist in dealing with urgent interim application, including freezing and search orders, springboard injunctions, gardening leave injunctions and other prohibitory and mandatory orders (Stuart has appeared in the Queen’s Bench and Chancery Division applications courts on over 50 occasions in the last three years). As a consequence of this specialisation, Stuart has extensive experience of committal applications and has appeared in several applications (for applicants) in cases which resulted in sentences from suspended sentences of imprisonment to a Respondent who was imprisoned for 20 months.
Stuart is the author on the Chapter on ‘Sale of Goods on Credit’ in Christou “Sale of Goods” (Second Edition. Sweet & Maxwell) and is currently engaged in writing an updated version of a practitioner work on Freezing and Search Orders and contributing to a book on property damage.
Arden Motorsport v Erickson (2018 QBD ongoing) Stuart acts for Arden Motor Sport in relation to a dispute with a FIA GP2 driver, Jimmy Erikson. The case turns on issues relating to the agreements between Arden Motorsport, the driver and his sponsor. The dispute includes issue relating to the terms of the agreements and technical issues relating to the performance of the team and the driver during the FIA GP 2 season (instructed by 7 Legal)
Aquinas Education Ltd v. Miller and others [2018] EWHC 404 (QB): Stuart acted for the new employer of two former employees of the Claimant (represented by Adam Tolley QC and Simon Paul) and the managing director of the new employer. The claim involved the Claimant’s attempt to seek a ‘springboard injunction’ against the two former employees who had commenced employment with a competitor. Stuart was successful in persuading the Judge to discharge a ‘springboard injunction’ which had been granted at an earlier hearing (Instructed by Freeths LLP).
Sports Invest Limited v. Letang (Unreported QBD December 2017). Stuart acted for Olivier Letang, the former director of football at Paris St Germain successfully resisting an urgent application made by Sports Invest (represented by Paul Gilroy QC) for a ‘garden leave’ injunction to restrain him from commencing employment with Stade Rennais FC another French League One football club (instructed by Gateley LLP).
Southern Drivers Direct Limited v. Eddie Stobart Limited (unreported Commercial Court July 2017) Stuart acted for the well-known haulage company Eddie Stobart in a dispute as to whether a rogue employee had entered into a high value contract with the Claimant (represented by Gerrard McMeel). Stuart successfully defended the claim, which involved a number of difficult issues relating to agency, contractual construction and acceptance by conduct (instructed by Freeths LLP)
Fieldfisher LLP v. Persons Unknown (Unreported December 2017). Stuart acted for a City law firm that had been the victim of fraud where funds had been dishonestly transmitted to a bank in Turkey (leading Emily Albou). Stuart appeared before Phillips J and sought one of the first worldwide freezing orders obtained against persons unknown. This case is one of a number of cases in 2017 where Stuart has acted in what are known as ‘push payment’ frauds or ‘Friday afternoon’ frauds. (instructed by Mills & Reeve LLP).
The English Electric Company Limited v. Alstom UK Limited [2017] EWHC 1748 (QB) (Mercantile Court HHJ Waksman QC). Stuart acted for the Defendant against the Claimant (represented by David Lewis QC and Thomas Corby) in a further claim made pursuant to a chain of indemnities going back to the early 1970s. The case involved issues relating to the construction of contractual agreements, the various rules of construction and detailed examination of historic documents. (Instructed by Pinsent Masons LLP).
The English Electric Company Limited v. Alstom UK Limited [20016] EWCA Civ 1314. Stuart acted for the Appellant (with James Drake QC) in this appeal against the Judgment of HHJ Mackie QC insofar as it related to his approach to contractual construction. The Appellant argued that the Judge was wrong to depart from the natural and ordinary meaning of the language of a record of an indemnity to give effect to what he found to be the commercial purpose of the parties (Instructed by Pinsent Masons LLP).
International Arbitration (Confidential July 2016). Stuart appeared (leading Emily Albou) in a US$350 million fraud claim conducted under the rules of the London Maritime Association. Stuart acted for the Applicant and succeeded in a case which related to the ownership of a vessel which was in the possession of the Defendant (represented by Nicholas Vineall QC). The case involved cross-examination of witnesses by video-link from Mexico (Instructed by Laytons LLP).
Stuart’s other cases include:
Football- X v. Y (Present)
Stuart is currently advising a Premier League football club in relation to a dispute with an Italian Serie A club. The advice relates to contractual issues, the interaction of the transfer agreement with the player’s Premier League Contract and the relevant parts of the FIFA Status and Transfer of Players Regulations. - West Ham United v. Viagogo (2014/2015):
Stuart acted for West Ham in a dispute with Viagogo relating to the sponsorship agreement between the parties and ticketing arrangements. - West Ham United v. Morrisons (2014/2015):
Stuart acted for West Ham in a dispute with Morrisons in relation to the aborted purchase of the Boleyn Ground by Morrisons. - AFC Bournemouth v. Swanage Town FC (2009):
Stuart acted for AFC Bournemouth in a dispute with a shareholder of the club. The dispute primarily related to breaches of the FA Rules on club ownership and Stuart advised on the FA Rules and related contractual issues. - Charlton Athletic v. Llanera (2008):
Stuart acted for Charlton Athletic in a dispute with a former sponsor in relation to a promotion offered to season ticket holders. - Rugby Union
- Heineken Cup Dispute (2014/2015):
Stuart represented the Fédération Française de Rugby (FFR) in relation to the dispute as to the future of the Heineken cup. Stuart advised in relation to the enforceability of the existing contract with Sky television, the extent to which French clubs could participate in any future contract with BT Sport and the relevant IRB (now World Rugby) Rules. - Leicester Tigers v. Various (2007):
Stuart acted in an application for an urgent injunction to prevent certain trading concessions from continuing to trade at their Welford Road ground. - X v. RFU (1994):
Stuart advised a grass roots player in relation to allegations of serious misconduct heard by an RFU Disciplinary Panel. Stuart advised the player in relation to the rules of the RFU, evidential matters and prospects for judicial review. - Motor Sport
- Ross Gunn:
Stuart advised Ross Gunn in relation to his BRDC Formula 4 driving contract and agreements (2014) and subsequently in relation to his driving contract with Beechdean Aston Martin Racing in the British GT Championship (2015). - Other
- Jockey Club Racecourses Limited v. Amlin (2015/Present)
Stuart acts for an insurer in a dispute relating to damage to a stadium at Epsom Racecourse. - Stuart is a member of the panel of Honorary Legal Advisors to the Alpine Club
Stuart has practiced in employment law for a number of years in both the High Court and the Employment Tribunal. Stuart is particularly experienced in High Court employment litigation dealing with breaches of restrictive covenants, confidential information, whistle blowing and team moves. He has appeared in a number of important employment cases including acting for the successful employees in Aquinas Education Ltd v. Miller and others [2018] IRLR 518, a leading case on the requirements for ‘springboard injunctions’ and for the successful employer in FW Farnsworth Ltd v Lacy and others [2013] IRLR 2830 (Ch) a leading case on the incorporation of contracts of employment.
Stuart is also a true specialist in dealing with urgent interim relief and has appeared numerous in cases applying for (or resisting) orders to restrain the unlawful activities of former employees, to protect confidential information, garden leave injunctions as well as various disclosure, search and freezing orders. He has also appeared in a number of committal applications where employees have been sentenced for breach of such injunctions including F.W Farnsworth Ltd & Anor v. Lacy & Ors [2013] EWHC 3487 (Ch) a leading case on sentencing for committal.