Stuart Cutting

Call 2011

Stuart has a very busy practice, which covers all areas of Chambers’ work. He regularly appears in the High Court, the County Court and at commercial arbitrations as sole advocate in the chancery, commercial and property fields. In addition, he has appeared on a number of occasions as sole advocate in a wide range of regulatory tribunals and hearings. His main areas of practice include:

  • Commercial and contractual disputes (including warranty, guarantee and misrepresentation claims)
  • Commercial and civil fraud claims
  • Corporate, partnership, shareholder and director disputes
  • Banking and finance litigation
  • Insolvency (corporate and personal)
  • Professional liability (including negligence claims against solicitors, surveyors, architects, accountants and financial advisers and regulatory/disciplinary proceedings)
  • Property litigation (including real property, landlord and tenant, mortgages and trusts)
  • Contentious probate, trusts and inheritance disputes
  • Sports law regulatory/disciplinary proceedings
  • Breach of employee, partner or director restrictive covenants including the use of confidential information
  • Employment law disputes

Prior to coming to the Bar, Stuart was a partner and solicitor-advocate in the commercial litigation team of a leading national law firm based in the Midlands.

  • Cases of interest

    Commercial and Chancery (including Property and Insolvency):

    Arbitration

    • Schreiber Farms v The Hayward Partnership [2008-2010] Acting for a farming partnership in a commercial arbitration dispute including an appeal to the High Court.

    Banking and Financial Regulation/Litigation

    • Mortgages – Secret Commission Case [2016]  Currently acting as sole advocate for a leading lender client in respect of the enforceability of several mortgage contracts in light of the claim that the lender paid a secret commission to the mortgage brokers and a claim that the relationship was unfair contrary to sections 140A-140D of the Consumer Credit Act 1974. 8-day trial due late 2016.
    • Mortgage Claims [2014-2016]  Continuing to act as sole advocate for a leading lender client on a number of claims arising out of various mortgage contracts including mortgage shortfalls, sales at an undervalue and guarantee claims.
    • Paratus AMC Limited v Lewis [2014] EWHC 933 (Ch) and [2014] EWHC 1577 (Ch)  Acting a sole advocate for a lender client in mortgage proceedings including numerous hearings in the County Court and the High Court culminating in successfully obtaining an extended civil restraint order in the High Court.
    • Financial Services Appointed Representative Dispute [2013]  Acting as sole advocate on a claim breach of a financial services appointed representative agreement and guarantee for the recovery of losses due to the acts/omissions/negligence of the appointed representative.

    Civil Fraud and Asset Tracing/Recovery

    • Haven Insurance Company Ltd v Marketbalance Ltd & Ors [2009-2010]  Acting as sole advocate for an administrator of two companies in respect of a multi-million pound dispute with an international insurance company including allegations of fraud, breach of contract, unjust enrichment and injunctive relief.

    Commercial Disputes

    • LM Associates Limited v Howlett Estates Limited and Cadebrook Limited [2015]  Acting as sole advocate on a 3-day trial in respect of a claim for non-payment of invoices and a claim for breach of copyright.
    • IE Taxguard Limited v VFM Services Limited [2015]  Acting as sole advocate on a 3-day trial in respect of a claim for non-payment of service charge under a commercial lease.
    • Saint-Gobain Building Distribution Limited (T/A International Decorative Surfaces) v Hillmead Joinery (Swindon) Limited [2015] EWHC B7 (TCC)  Acting as sole advocate in the High Court on an 8-day product liability trial before HHJ David Grant QC concerning defective laminate supplied to a major national retailer.
    • Healthier Business UK Limited v Compli With Us Limited [2013]  Acting as sole advocate in a claim for malicious falsehood in a commercial context including a successful injunction application.
    • Breach of Warranty Claim [2008 – 2013]  Led by Nigel Jones QC for a national housing association in a £22mn breach of warranty claim against a local authority.
    •   Financial Services Appointed Representative Dispute [2013]  Acting as sole advocate on a claim breach of a financial services appointed representative agreement and guarantee for the recovery of losses due to the acts/omissions/negligence of the appointed representative.
    • Katie Ward v Allies & Morrison [2012] EWCA Civ 1287  Led by Theodore Huckell QC on an appeal to the Court of Appeal in respect of the trial decision of a Circuit Judge.
    • Clearwater Swimming Pools Ltd v Pyments of Campden Ltd [2010]  Acting as sole advocate in an appeal to the High Court against a case management decision to strike out a claim.
    • Haven Insurance Company Ltd v Marketbalance Ltd & Ors [2009-2010]  Acting as sole advocate for an administrator of two companies in respect of a multi-million pound dispute with an international insurance company including allegations of fraud, breach of contract, unjust enrichment and injunctive relief.

    Insolvency and Restructuring

    • Wright Hassall LLP v Duncan Morris [2012] EWCA Civ 1472; [2013] B.C.C 192  Acting for solicitors with Stephen Davies QC in a claim against an administrator of two companies seeking to extend the rule as to the personal liability of office-holders for the costs of unsuccessful legal actions for claims brought where the office-holder is the defendant (reversing Wright Hassall LLP v Duncan Morris & Ors [2012] EWHC 188 (Ch)). 

    Partnership

    • Schreiber Farms v The Hayward Partnership [2008-2010]  Acting for a farming partnership in a commercial arbitration dispute including an appeal to the High Court.

    Professional Liability

    • Professional Liability [2013-2016]  Continuing at act as sole advocate on a number a professional negligence actions against solicitors, architects, financial advisers and surveyors.

    Property

    • Mortgages – Secret Commission Case [2016]  Currently acting as sole advocate for a leading lender client in respect of the enforceability of several mortgage contracts in light of the claim that the lender paid a secret commission to the mortgage brokers and a claim that the relationship was unfair contrary to sections 140A-140D of the Consumer Credit Act 1974. 8-day trial due late 2016.
    • Mortgage Claims [2014-2016]  Continuing to act as sole advocate for a leading lender client on a number of claims arising out of various mortgage contracts including mortgage shortfalls, sales at an undervalue and guarantee claims.
    • R (on the application of EN) v City of Westminster [2015]  Acting as sole advocate on an application for permission to apply for judicial review against a decision refusing to grant temporary housing to a homelessness applicant.
    • IE Taxguard Limited v VFM Services Limited [2015]  Acting as sole advocate on a 3-day trial in respect of a claim for non-payment of service charge under a commercial lease.
    • Paratus AMC Limited v Lewis [2014] EWHC 933 (Ch) and [2014] EWHC 1577 (Ch)  Acting a sole advocate for a lender client in mortgage proceedings including numerous hearings in the County Court and the High Court culminating in successfully obtaining an extended civil restraint order in the High Court.
    • Anthony Buckley v City of Westminster [2014]  Acting as sole advocate in an appeal by homelessness applicant against the refusal to grant the applicant priority need status.
    • Challinor v Staffordshire County Council [2011] EWCA Civ 90  Led by Jim Tindall (appointed a Circuit Judge in 2016) on an appeal to the Court of Appeal in respect of a decision of a High Court judge to strike out a claim.
    • Schreiber Farms v The Hayward Partnership [2008-2010] – Acting for a farming partnership in a commercial arbitration dispute including an appeal to the High Court.
    • Siggery & Anor v Bell & Ors [2007] EWHC 2167 (Ch)  Acting as sole advocate for 3 property owners defending proceedings for injunctive relief and at trial for obstruction of a right of way. 

     Sports Law

    • British Showjumping v Robert Whitaker [December 2012] – Acting as sole advocate for a sport national governing body in disciplinary proceedings against a leading showjumper.
    • Alexander Peternell v South African Sports Confederation and Olympic Committee & South African Equestrian Federation & Paul Hart [July 2012]  Led by Ian Mill QC for a South African equestrian eventing rider in an appeal against his selection to the Court of Arbitration for Sport sitting in London.
    • British Dressage v Richard Davison [2011]  Acting for a sport national governing body in respect of an appeal against a selection decision to British Equestrian Federation Appeal Panel.
    • British Equestrian Federation v Federation Equestre Internationale [2010]  Acting for a sport national governing body in respect of an appeal to the FEI Tribunal and subsequent appeal to the Court of Arbitration for Sport.
    • Gemma Plumley v British Showjumping Association [2009]  Acting for a sport national governing body in respect of defending an appeal to Sport Resolutions (an arbitration panel).
    • British Horseracing Authority v Ryan Mahon [2009]  Acting for the first amateur jockey of a leading national hunt trainer in anti-doping disciplinary proceedings before the disciplinary panel of the British Horseracing Authority. 

    Wills, Probate and Family Succession

    • Morris v Davies & Others [2011] EWHC 1272 (Ch)  Acting in obtaining an anti-suit injunction in contentious probate proceedings to prevent competing proceedings in Belgium continuing.
  • Professional memberships
    • Chancery Bar Association
    • Property Bar Association
  • Education

    LLB (Hons) Kings College London; PG DIP LegalPractice

  • Personal interests

    I am a keen sportsman participating in football, squash, long-distance running and cycling.

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