Stuart Cutting: Recent Cases of Note

Stuart Cutting: recent cases of note

  • As Partner/ Advocate, successfully defended a National Governing Body in an appeal by a high profile athlete against the selection decision not to select them for a major international competition. The case involved careful analysis of the Selection Policy for international competitions and the Olympics. The selectors’ decision was vindicated (2012). 
  • Acting as an advocate for an Appellant before the Court of Appeal on an appeal against a decision of a High Court Judge to strike out a claim for damages (Challinor v Staffordshire County Council [2011] EWCA Civ 90). (2011).

  • Continuing to act on behalf of a residential social landlord in a £multi-million breach of warranty dispute against a local authority. (2008-2011).
  • Continuing to act in relation to a professional negligence claim against solicitors in respect of the negotiation of a consent order.
  • Successfully acting as an advocate on injunctive proceedings for an investor/shareholder (and former director of the defendant company) in a good leaver/bad leaver dispute effecting the potential valuation of a shareholding for the purposes of pre-emption rights (claim value estimated between £300k and £900k). (2011).
  • Continuing to advise lenders in respect of multiple cases of fraud and professional negligence against solicitors, surveyors and mortgage brokers (2009-2011).
  • Acting for the British Equestrian Federation in an appeal to the FEI Tribunal (2009) and a subsequent appeal to the Court of Arbitration for Sport (2010), British Equestrian Federation v Federation Equestrian Internationale (CAS/2010/A/2058), relating to the decision of the FEI to relegate the Great Britain Show Jumping Team from the Top League of the Nations Cup.  The appeal to CAS was successful.
  • Successfully acting in relation to a land dispute between two farmers and a landlord regarding occupational rights, licences to occupy, agricultural tenancies and proprietary estoppel - a £3m pa turnover business having been at stake (2010).
  • Successfully acting as an advocate on a High Court appeal before Eady J against a first instance decision to strike out a claim (2010).
  • Successfully acting in arbitration proceedings in relation to breach of a contract farming agreement (2008-2010).
  • Continuing to represent various sport national governing bodies in respect of disciplinary and regulatory hearings at national level (2008-2011).