Stuart has managed some of the department's most complex and novel commercial cases, in particular those with a financial markets aspect.

Stuart's experience

  • Advised a demolition and a property investment business on a £37m breach of fiduciary duty claim being brought against its current and former directors arising out of a management buy-out in 2018.

  • Advising Skatteforvaltningen (Danish Customs and Tax Administration) in "one of the most complex pieces of litigation in British history". With a value of c. DKK 12.6 billion involving over 100 defendants globally it’s an alleged fraud on a massive scale. Losses arise from Cum Ex trading and WHT refunds.

  • Advising Skatteforvaltningen (Danish Customs and Tax Administration) in "one of the most complex pieces of litigation in British history". With a value of c. DKK 12.6 billion involving over 100 defendants globally it’s an alleged fraud on a massive scale. Losses arise from Cum Ex trading and WHT refunds.

  • Advised a Portuguese bank on a dispute with Goldman Sachs and 12 other entities in respect of the debt recovery claims, valued at $834 million, in the Commercial Court of the High Court of Justice.

  • Successfully challenged the English Court's jurisdiction to hear claims of $850m under a facility granted to BES, persuading the Court of Appeal that it was not transferred to Novo Banco. The case was the first time that an English court has had to consider the meaning and extent of certain provisions in the 2014 Bank Recovery and Resolution Directive.

  • Acted for two Philippines state companies in a $18m close out valuation dispute with LBSF, in, what will be, the first English Court decision to rule on the extent of the non-defaulting parties obligations when valuing a replacement transaction under the 2002 ISDA Master Agreement.

  • Advised an automotive data company on a claim that it had improperly permitted the transfer of shares in breach of pre-emption provisions in a shareholder deed, the transfers being procured by fraud. The allegation was that the purchaser of shares had manipulated the price of debt in simultaneous acquisitions of shares, leading to an artificial inflation of share prices making them unattractive to pre-emption holders.

  • Acted for administrators of Lehman Brothers International (Europe) in a repo termination dispute with DZ Bank and related negligence claims against the tri-party collateral manager, Bank of New York Mellon. The claim concerned previously untested points of law under the GMRA Master Agreement - the trades were worth €650m, concerned the valuation of over 1000 securities and 8 experts were instructed by the parties for trial.

  • Acted for Dunbar Assets, the run-off vehicle for Dunbar Bank, in pursuing various professional negligence claims against valuers. Secured settlements in every case.

Credentials

  • 1996
    Qualified - England and Wales
  • 1995
    Qualified - Scotland
  • 1993
    Joined Pinsent Masons
  • 1993
    University of Glasgow - Diploma in Legal Practice
  • 1992
    University of Glasgow – LLB (Hons)
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Out-Law / Insight by Stuart McNeill

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