Stuart
has mediated many commercial disputes, including the
following:
• Commercial contract disputes in the following sectors:
∘ Adult entertainment
∘ Agriculture
∘ Arms industry
∘ Automotive
∘ Banking
∘ Building and home-improvement products
∘ Childcare
∘ Construction
∘ Drinks
∘ Education
∘ Energy
∘ Environmental
∘ Fashion
∘ Financial services
∘ Food
∘ Gambling
∘ Grocery
∘ Healthcare
∘ Hotels
∘ Insurance
∘ International aid
∘ Leisure
∘ Logistics
∘ Media & Advertising
∘ Professional services
∘ Property
∘ Rail
∘ Retail
∘ Scientific research
∘ Sport
∘ Technology
∘ Textiles
∘ Travel & Tourism
∘ Utilities
∘ Vehicle rental and leasing
∘ Waste
•
Disputes as to whether services provided are contractual or pre-contractual.
• Disputes relating to repudiation and rescission.
• Issues of contractual interpretation and implied terms.
• Disputes as to contractual performance, delay, frustration and force majeure (including Covid-related issues).
• Disputes as to overage and pricing formulae and rebates, including performance metrics and minimum volume rights.
• Disputes as to contract formation and existence.
• Issues relating to contractual formalities and notices.
• Joint venture disputes.
• Renegotiation of contracts.
• Claims for breach and termination of various commercial contracts.
•
International contracts (China, US, Bangladesh, Spain, France, Italy, New Zealand, Iran, Russia, Turkey, Turkmenistan, Jersey, Switzerland, Germany, Ireland, Uruguay, Denmark, Brazil) and jurisdiction issues.
Stuart has experience of litigating
and advising on disputes involving international and
non-UK-based companies and institutions, as well as
jurisdictional disputes. Examples include:
•
Dispute between Government department and stakeholders
following failure of Government-run funding scheme in
the education sector.
•
Advising medical devices company on self-supply rights
under manufacturing agreement.
•
Claim against revenue-collection company on termination
of collection agreement with US mail-order encyclopaedia
supplier.
•
Claims against kitchen manufacturer by competitor for
misuse of confidential information.
•
Termination dispute between franchised car dealership
and manufacturer.
•
Dispute between AIM-listed print-management company
and customer over terms and performance of outsourcing
agreement.
•
Partnership dispute between current and former partners
in family firm of solicitors.
•
Advising incorporated solicitors practice in investigation
by the SRA into management control and structure.
•
Claim against revenue-collection company on termination
of outsourcing agreement with utilities company.
•
Dispute between multi-national chemical distributor
and manufacturer over termination rights.
•
Acting for listed manufacturing company in investigation
into contracting subsidiary following discovery of “hole”
in the subsidiary’s balance sheet.
•
Dispute over effect of pricing formula between coal
supplier and mining company following significant market-price
fluctuation.
•
Claim against Serbian copper-supplier over pricing agreement
following volatility in market prices.
•
High-profile defamation claim between major airlines
following public allegations of conspiracy and anti-competitive
practices.
•
Dispute between trustees and licensee over terms of
licence to collect firewood and relevance to fallen
trees.
•
Acting for regional ITV franchise-holder in application
by competitor bidder for judicial review.
•
Forfeiture proceedings against petrol distributor relating
to petrol stations.
•
Dispute between customer and logistics and warehousing
contractor over open-book accounting charges.
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