Stuart practices in a broad range of commercial chancery, general chancery and commercial litigation matters.

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1 Stuart Cutting Year of Call: 2011 Admitted as Solicitor: 1998 Education: LLB (Hons) Kings College London; PG DIP Legal Practice Direct Tel: Profile Stuart practices in a broad range of commercial chancery, general chancery and commercial litigation matters. Prior to joining Chambers, Stuart was a partner and solicitor-advocate in the commercial litigation team of a leading regional law firm in the Midlands. Stuart has a wide range of advocacy experience, having appeared in the High Court and County Court, the Court of Appeal, at commercial arbitrations, and before a variety of tribunals and other regulatory hearings. Stuart has been described as a meticulous and effective advocate who fights his client's corner. Stuart's experience as a solicitor means he understands what solicitors need of counsel and he is both commercial and pragmatic in his approach to contentious matters. Areas of Practice/Experience Commercial Chancery and Litigation including:- Commercial contract disputes, in particular, warranty disputes, guarantee disputes and misrepresentation claims Commercial fraud including claims involving allegations of mortgage fraud, breach of fiduciary duty and dishonesty

2 Corporate litigation, in particular, relating to sale and purchase disputes Agency disputes, particularly involving the Commercial Agency Regulations Partnership, shareholder and director disputes Breach of employee, partner or director restrictive covenants including use of confidential information Claims involving trade libel, malicious falsehood and passing off Consumer disputes and consumer finance disputes Building and construction disputes, particularly relating to quality and value of works Emergency remedies including freezing orders, search orders or other interim injunctive relief Commercial arbitration Insolvency including:- Applications to set aside statutory demands Bankruptcy and winding up petitions Restraint of winding up petitions/advertising of the petition Contentious administration applications Transactions at an undervalue and preference claims Applications for possession and sale Directors claims for breach of fiduciary duty and/or breach of trust Insolvency appeals Professional Liability including:- Professional negligence claims relating to and against solicitors, surveyors, architects and accountants Professional regulatory/discipline proceedings including representing solicitors in relation to their professional regulatory body and cases before the SDT Sports Law including:- Disciplinary and regulatory issues including sports tribunal advocacy acting for sports governing bodies, sports organisations and sports athletes Challenges to the actions of the sport governing bodies through the High Court Anti-doping and child protection cases Commercial disputes on behalf of sports governing bodies, sports organisations and individual sports athletes General Chancery and Property Litigation including:- Contentious probate including matters relating to capacity, undue influence and construction of wills Claims under the Inheritance (Provision for Family and Dependents) Act 1975 Commercial landlord and tenant disputes including possession and forfeiture proceedings, dilapidations claims, 1954 Act claims and rent review disputes Agricultural Tenancy disputes including notices to remedy and notices to quit and agricultural tenancy arbitrations

3 Residential landlord and tenant disputes including service charge disputes, contested enfranchisement proceedings, unlawful eviction claims and property disrepair claims TOLATA 1996 proceedings involving disputes regarding beneficial ownership of land and co-ownership Boundary and nuisance disputes Contentious property disputes involving mortgages, trusts, easements and restrictive covenants Employment Stuart has a broad range of experience of employment cases including unfair and wrongful dismissal, sex, disability and race discrimination claims, enforcement of employee restrictive covenants, TUPE disputes, collective bargaining and trade union recognition disputes. In addition, Stuart has a wealth of non-contentious employment experience including drafting contracts, policies and procedures, and director service agreements. Examples of recent cases Commercial Chancery and Litigation Continuing to act with Nigel Jones QC for a national housing association in respect of a 22mn breach of warranty claim with a local authority [ ] Continuing to act in a claim for malicious falsehood made in a commercial context including a successful injunction application [2013] Continuing to act for a Claimant in an agency dispute under the commercial agency regulations (including claims for compensation) [2013] Acting for a financial services Claimant in proceedings for the enforcement of an appointed representative agreement and guarantee for the recovery of losses due to the acts/omissions/negligence of the appointed representative [2013] Acting for the Claimant with Theodore Huckell QC (Counsel-General for Wales) on an appeal to the Court of Appeal in respect of the trial decision of a Circuit Judge (Katie Ward v Allies & Morrison [2012] EWCA Civ 1287) Acting on a pro bono appeal to the Court of Appeal in respect of a decision of a High Court judge to strike out a claim (Challinor v Staffordshire County Council [2011] EWCA Civ 90) acted as Junior Advocate led by Jim Tindall (St. Phillips Chambers, Birmingham) Acting in obtaining an anti-suit injunction in contentious probate proceedings to prevent competing proceedings in Belgium continuing (Morris v Davies & Others [2011] EWHC 1272 (Ch)) Acting for a shareholder and director of national IT company in respect of a shareholder dispute and an attempt to illegally sell his shares at par value under the terms of a shareholders agreement including applications for emergency injunctive relief [2011] Acting in relation to a commercial arbitration arising out of coffee import contracts [2011] Acting for the successful Respondent of a High Court appeal against a case management decision to strike out a claim (Clearwater Swimming Pools Ltd v Pyments of Campden Ltd, Eady J [2010] (unreported))

4 Acting for a farming partnership in a commercial arbitration dispute including an appeal to the High Court (Schreiber Farms v The Hayward Partnership [ ]) Acting for a national IT company in respect of a breach of a confidential information dispute including obtaining injunctive relief [2009] Acting for a regional telecoms company in relation to injunctive relief and damages proceedings for breach of employee restrictive covenants and use of confidential information Insolvency Acting for solicitors with a leading insolvency QC in a claim against an administrator of two companies seeking to extend the rule as to the personal liability of officeholders for the costs of unsuccessful legal actions for claims brought where the officeholder is the defendant (Wright Hassall LLP v Duncan Morris [2012] EWCA Civ 1472; [2013] B.C.C 192 reversing Wright Hassall LLP v Duncan Morris & Ors [2012] EWHC 188 (Ch)) Acting for an administrator in respect of investigating preference and transactions at an undervalue claims against the directors of the company [2012] 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 to claims where the office-holder is the defendant (Wright Hassall LLP v Duncan Morris & Ors [2012] EWHC 188 (Ch)) permission to appeal to the Court of Appeal granted Acting for a Trustee in Bankruptcy in obtaining a worldwide freezing injunction and tracing and realising the bankrupt s assets in a foreign jurisdiction [ ] Acting for a national construction company in obtaining injunctive relief against the advertising of a winding up petition [2011] Acting for a major electrical engineering company in obtaining injunctive relief to present the presentation of a winding up petition [2010] Acting 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 (Haven Insurance Company Ltd v Marketbalance Ltd & Ors [ ]) Professional Liability Continuing to act for a Claimant in a negligence action against a mortgage broker for the negligent advice and recommendation to take out an unsuitable mortgage [2013] Continuing to act for a Claimant in a negligence action against his partner s former solicitors for the negligent drafting of a will [2013] Continuing to act for a Claimant in a negligence action against his former solicitors for the negligent conduct of litigation [2013] Continuing to act for a Claimant in a negligence action against their former solicitors for the negligent conduct of a conveyancing transaction and the failure to advise of certain risks [2013] Acting with Tim Morshead QC for the Claimant in a 6mn claim that a Legal 200 firm of solicitors negligently advised about and drafted a commercial land

5 development agreement such that the land became sterile for a 15 year period [ ] Acting for the Claimant in respect of a claim against his former solicitors about the negligent advice and conduct of a commercial arbitration [ ] Acting for the Claimant in respect of a claim that a barrister negligently advised the Claimant to proceed with a claim of professional negligence against agricultural land surveyors [ ] Acting for a large lender client in respect of a number multi-million pound mortgage fraud and professional negligence cases against solicitors, surveyors and mortgage brokers [ ] Acting on a surveyor professional negligence claim for failure to advise that the property was a PRC home [ ] Acting on a solicitor negligence claim for failure to advise and draft an appropriate matrimonial ancillary relief consent order [ ] Acting for a Claimant in a claim against an architect for the negligent design of a barn conversion resulting in the wrong pitch for the roof being constructed for the type of slate tile roof specified [ ] Sports Law Acting for a sport national governing body in disciplinary proceedings against a leading showjumper (British Showjumping v Robert Whitaker [December 2012]) Acting with 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 (Alexander Peternell v South African Sports Confederation and Olympic Committee & South African Equestrian Federation & Paul Hart [July 2012]) Acting for a sport national governing body in respect of an Appeal against a selection decision to BEF Appeal Panel [2011] 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 (British Equestrian Federation v Federation Equestre Internationale [2010]) Acting for a sport national governing body in respect of defending an Appeal to Sport Resolutions (Gemma Plumley v British Showjumping Association [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 (British Horseracing Authority v Ryan Mahon [2009]) Acting in numerous sports disciplinary tribunal cases before domestic sport tribunal General Chancery and Property Litigation Acting for an executor of a will in proceedings to prove the will in solemn form involving allegations of lack of capacity, undue influence and dishonesty [ ] Acting for the long term mistress of a wealthy businessman in a claim under the Inheritance (Provision for Family and Dependants) Act 1975 [2011] Acting for a restaurant owner in respect of emergency injunctive relief to regain access to restaurant following illegal eviction by landlord [2011] Acting for a multi-million pound market garden partnership in relation to an agricultural tenancy dispute including injunctive relief [2010]

6 Acting for the Claimant in respect of a beneficial ownership dispute under the Trust of Land and Appointment of Trustees Act 1996 [ ] Acted for a property owner in respect of a misrepresentation claim arising out of the sale of the property [ ] Acting for 3 property owners defending proceedings for injunctive relief and at trial for obstruction of a right of way (Siggery & Anor v Bell & Ors [2007] EWHC 2167 (Ch), Lewison J) Memberships Chancery Bar Association Association of Regulatory and Disciplinary Lawyers British Association for Sport Lawyers Personal Football, Cycling, Long Distance Running, Squash and Golf