James Stuart

James Stuart is an English barrister, specialising in commercial dispute resolution and litigation. His practice focuses upon shareholder disputes, company and insolvency, partnerships, franchises, employment, insurance, guarantees, banking and supply of goods and services. James represents individual and corporate Claimants and Defendants, and has built up considerable experience in recent years in conducting more protracted cases, often with an international element. He regularly deals with applications for Freezing Orders and other injunctions in restrictive covenant, confidentiality and similar disputes.

Recent publications: In July 2022, James wrote an article for Lexis PSL entitled Carriage of Goods and CMR Convention on the recent commercial court case Knapfield v C.A.R.S. which can be read here.

James is a member of COMBAR, Employment Law Bar Association, Employment Lawyers Association, and TECBAR.

Further information

Qualifications

MA (Law) Gonville & Caius College, Cambridge

Memberships

COMBAR, Employment Law Bar Association, Employment Lawyers Association, R3, TECBAR, Bar Golfing Society

Employment

James deals with a wide range of Employment and Equality cases, involving litigation on service contracts, restrictive covenants, confidentiality, discrimination and wrongful and unfair dismissal, whistle blowing and advising on TUPE and contractual interpretation

As well as High Court litigation, he regularly appears in the Employment Tribunals (throughout England), for both Claimant and Respondent clients.

Recently reported cases

By way of illustration of the breadth of James’s employment practice, some recent reported cases are:

Humed -v- Sight and Sound Solutions Ltd [2023] EAT 53 – James represented the successful appellant in the EAT in a victimisation claim under the Equality Act.

Holmes -v- Tellemachus 2022 EAT 71 (EAT) –a case involving constructive dismissal and the application of the penalty clause doctrine.

Greenberg -v- DPP Law 2021 EWCA Civ 672 Court of Appeal; EAT 2020 8WLUK 40 EAT – This case related to solicitors and disciplinary procedures

Hewson -v- Bar Standards Board 2021 EWHC 28 –James represented the BSB in this case regarding social media abuse and second appeals.

Couvaras -v- Fine Clinic Limited 2202750/2020 (reported 2021) – James represented the successful Respondent company in a whistleblowing claim where the issue of employee/worker status was addressed.

British Council -v- Jeffery 2018 EWCA Civ 2553 Court of Appeal –James represented the successful claimant in this significant appeal dealing with employees working abroad, conflict of laws and human rights.

Shah -v- Insafe International Ltd 2017 EWHC 1036 (Ch) –This commercial contract case related to employee benefit trusts.