Nicholas Stewart QC

Call date: 1971 (QC 1987)
Email: 

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Areas of Practice

Profile

Qualifications

Fellow of the Chartered Institute of Arbitrators 2000
Accredited Mediator, CEDR (Centre for Dispute Resolution) 1996
Deputy High Court Judge (Chancery & Queen’s Bench Divisions) 1991 -
QC 1987
Certified Diploma in Accounting & Finance 1975
BA (Oxon) 1968

Recent Cases

Brett v Migration Solutions Holdings Ltd [2016] EWHC 523 (Ch): Petition under s. 994 of the Companies Act 2006 by minority shareholder for purchase of his shares because of unfair exclusion from management of datacentre company. 

Valley Grown Salads v Bassini [2013] EWHC 1304 (QB): Freezing injunction against former football club owner – Pt 24 Summary judgment on loan agreement

OJSC TNK-BP v Lazurenko [2012] EWHC 2781 (Ch): Confidential information (injunctions) – Russian employment contract – Conflict of laws

Zimareva-Locke v Cetin [2012]: Committal for contempt – Breaches of court order including injunctions – False statements [Case summary on Westlaw]

And in 2011 also on contempt of court:
Hydropool Hot Tubs Ltd v Roberjot [2011] EWHC 121 (Ch): Confidential customer lists – Action against ex-employee – Breaches of injunction, false witness statements - Committal for contempt

Publications

Law of Unincorporated Associations
- (Stewart, Campbell & Baughen, OUP 2011)

Languages

Languages: English (mother tongue), French, German, Spanish.

Experience & Expertise

Counsel
All court levels in England & Wales; Privy Council appeals from Malaysia, Singapore, Hong Kong and the Bahamas; High Court of Singapore; UN Tribunal for Former Yugoslavia, The Hague; European Court of Human Rights, Strasbourg. Counsel in arbitrations including UK/US sale of goods, share valuations, property (including rent reviews), partnership disputes.

Part-time Judge
Since 1991, Deputy High Court Judge in Chancery and Queen’s Bench Divisions, dealing with wide range of trials and interlocutory cases.

Arbitrator/Tribunal chairman
Sole or joint arbitrator in contractual disputes (including agents’ commissions), disputes on dissolution of business and international sporting issues. Member of FA Judicial Panel (chairs Regulatory Commissions and Appeal Boards), British Olympic Association tribunals on eligibility for Olympic Games. Licensing Appeal Panel of UEFA; Panel of Arbitrators (Chairperson List), Sport Resolutions (UK)

Mediation
CEDR trained and accredited. Mediator since 1996 in commercial and property disputes, including disputes between employer and former employees concerning breach of contract, confidential information, breaches of fiduciary duty and compensation for dismissal.

Current & Recent Work

Contractual disputes

Oil rigs in Kurdistan (inc. agency issues, fraud, cross-border questions)

Computer software (whether fit for purpose etc)

Sale of construction equipment (inc. title issues, misrepresentation)

Recovery of investment in leisure development in Far East (inc. resulting/constructive trust, following/tracing)

Company law

994 Companies Act 2006: Unfairly prejudicial conduct

Premier League football club - shareholders’ rights/property issues

Breach of directors’ duties/fraud in UK & offshore companies - freezing orders

Professional negligence

Accountants’ negligence on tax advice;

Solicitors’ negligence on transfer of land

Confidential information

Post-employment restrictive covenants

Data Protection Act 1998

Contempt of court

Freezing orders

Arbitration

Agency contract in Middle East

Football club/agent dispute

Tribunals

Member Scottish Premier League Commission of Inquiry involving Rangers FC (chaired by Lord Nimmo-Smith): see 28 February 2013 decision at http://www.scotprem.com/content/default.asp?page=s2&newsid=12127&back=home

Mediation

Claim against ex-employee/director for stealing customers (as mediator)

Negligence claim against three solicitors’ firms in property transaction (as counsel)

Directory Comments

“... he is also skilled when it comes to sports such as athletics and rugby.”
“A charming man and a safe pair of hands,” he has “a reassuring manner and a great ability to put everyone at their ease.”
Chambers and Partners 2011 - Sport Law
“a strong advocate”
Chambers and Partners 2006

Professional Memberships

Chancery Bar Association

Bar European Group

Professional Negligence Bar Association

Bar Sports Law Group

Fellow of Chartered Institute of Arbitrators

British-Spanish Law Association

Union Internationale des Avocats (President 2001-2)