You are here > Home > Barristers > James Stuart

James Stuart

Call

Called 1990

Practice group

Education

MA (Law), Gonville & Caius College, Cambridge

Practice

Employment and Discrimination, involving both litigation on service contracts, restrictive covenants, confidentiality, discrimination and wrongful and unfair dismissal, and advisory work on transfers of undertakings and contractual interpretation

Commercial Contract, specifically sale and carriage of goods (domestic and international), commercial property, supply of goods and services, partnerships, commercial agency, consumer credit, insurance, guarantees, banking and mortgages

Company and Insolvency, both personal and corporate, including share disputes, minority shareholders' claims and directors disqualification proceedings

Professional Negligence concerning solicitors, accountants, surveyors and architects

Commercial Property, including business tenancies, construction, easements, boundaries and title disputes

Urgent Interlocutory Relief applications in commercial cases, including applications for Freezing Orders and other Injunctions in restrictive covenant, confidentiality and similar disputes

Experience

A broad range of employment and commercial litigation, concentrating on contractual disputes, appearing in the Court of Appeal, Commercial Court, Chancery Division, Companies Court, Queen's Bench Division, Technology and Construction Court, County Courts and Employment Tribunals.

Experience in cases with a substantial documentary aspect, using litigation support information technology. Available to give seminars on employment related topics, including disability, discrimination and "whistle blowing" and directors disqualification.

2003 reported cases include

Murray v Newham Citizens Advice Bureau EAT [2003] IRLR 340 - disability discrimination: test to be applied when considering prospective applicants for employment

Shalson v DF Keane Ltd [2003] BPIR 1045; [2003] EWHC 599 Ch; LTL 21.02.03 - effect of arbitration clause in construction contract in relation to contractor's ability to serve statutory demand for unpaid fees

Evans v Malley Organisation Ltd (CA) [2003] IRLR 156; [2002] EWCA Civ 1834; Times Law Reports 23.01.03 - successful appeal overturning EAT decision on the issue of "what is a week's pay" where a worker has a commission element in his remuneration package

Valentine v Allen (CA) LTL 04.07.03; [2003] EWCA Civ 915 and LTL 29.07.03 - estoppel and costs issues

Pink Roccade v Thailler EAT 0316/03 - 19.09.03 - disability discrimination