Stuart Cakebread

Stuart practises commercial and public law. His commercial practice encompasses several specialist areas, including fraud, European and worldwide cross-border litigation and enforcement, international Convention and Treaty law, director's disqualification, banking, commercial agents, non-medical professional negligence, and the drafting and litigation of commercial contracts. His recent international experience has included cross-border litigation involving and acting with lawyers in the USA, Israel, France, Switzerland, Liechtenstein, Italy and Australia. He led the legal teams in the Deep Vein Thromobosis and Air Travel Group litigation and in the also widely reported Dadourian Group litigation.

Stuart's public law practice is long established and effectively began with the salmonella in eggs litigation in the 1980s. He has acted in many reported cases, including the Westminster ‘Homes for Votes' case, culminating in his leading the legal team for the council's deputy leader in the House of Lords. He is a specialist in local government finance and public procurement. He is a member of the London Common Law and Commercial Bar Association (LCLCBA).

Stuart has lectured on a range of public and commercial law subjects and is the author of "Drafting Commercial Contracts" published in November 2010 by the Law Society and of numerous articles and other publications.

featured cases

Commericial:

Abbar v SEDCO Ch.D [2010] EWHC 2132 (Ch)
Successfully resisting strike out in respect of a large fraud claim relating to the Pinnacle development in the City.

FIFA v Coralbay Management Ltd & ors (2009) Ch.D (Evan-Lombe J.)
Successful resistance to committal application with award of indemnity costs.

Tamlura NV v CMS Cameron McKenna Ch.D [2009] Lloyd's Rep. P.N. 71
Solicitor's professional negligence involving £40m corporate finance agreement.

Dadourian Group International Inc v Simms
Reports from CA and High Court include [2009] 1 Lloyd's Rep 601; [2008] EWHC 1784 (Ch); [2008] EWHC 186; [2007] EWHC 2634 (Ch); [2007] EWHC 1673 (Ch); [2007] EWHC 454 (Ch); [2007] 1 WLR 2967 (CA); [2006] EWHC 2973 (Ch) - litigation involving, inter alia, civil fraud, privilege, Liechtenstein trusts, international arbitration, privies, release from undertakings not to use information obtained under an order for cross-examination; material non-disclosure relating to a world wide freezing order, Smith New Court damages for deceit.

Lygoe (t/a David Parry & Co) v Ilsley QBD [2008] EWHC 831 (QBD)
Solicitor client agreements; successful resistance to claim for fees and substantial counterclaim.

Newell v Tarrant Ch.D [2004] EWHC 772 (Ch); (2004) 148 S.J.L.B. 509
Effect of failure to comply with s2 LPA 1989 - deposit of title deeds ineffective to create security.

Marlow (t/a Crown Hotel) v Exile Productions Ltd QBD [2003] EWHC 2631 (QB)
Claim against Van Morrison regarding, inter alia, interpretation of artist's performance contract.

Re: Deep Vein Thrombosis and Air Travel Group Litigation QBD and CA [2003] EWCA Civ 1005; [2004] Q.B. 234; [2003] 3 W.L.R. 956; [2004] 1 All E.R. 445; [2004] 1 All E.R. (Comm) 459; [2004] 1 Lloyd's Rep. 316; [2003] 2 C.L.C. 884; [2003] P.I.Q.R. P35; (2004) 76 B.M.L.R. 38; (2003) 100(35) L.S.G. 34; (2003) 147 S.J.L.B. 869; Times, July 14, 2003; Independent, July 8, 2003; [2002] EWHC 2825 (QB); [2003] 1 All E.R. 935; [2003] 1 All E.R. (Comm) 418; (2003) 71 B.M.L.R. 82; Times, January 17, 2003
Application of the Warsaw Convention to claims for personal injury and death resulting from deep vein thrombosis incurred during or as a result of international air travel - worldwide litigation culminating in decisions of, inter alia, the US Supreme Court, the High Court of Australia and House of Lords.

Berry Trade Ltd v Moussavi (No.2) CA (Civil Division) [2003] EWCA Civ 239
Costs orders in world side freezing order litigation.

Westminster City Council v Porter Ch.D [2002] EWHC 2065 (Ch), [2003] Ch 436; [2003] Ch 436.
Series of reported decisions in relation to consequential enforcement proceedings after Porter v Magill, including issues regarding local councillors' breach of trust and breach of fiduciary duty.

Public Law:

Techtest v Ministry of Defence Ch.D September 2008
Application for injunction against Ministry of Defence for breach of public procurement regulations.

Porter v Magill [2001] UKHL 67; [2002] 2 A.C. 357; [2002] 2 W.L.R. 37; [2002] 1 All E.R. 465; [2002] HRLR 16; [2002] HLR 16; [2002] BLGR 51; (2001) 151 NLJ 1886; [2001] NP.C. 184; Times, December 14, 2001; Independent, February 4, 2002; Daily Telegraph, December 20, 2001; Westminster ‘Homes for Votes' case involving surcharge of local councillors for misconduct. Stuart acted for several councillors and obtained the ‘acquittal' of the vice chairman of the Housing committee at the 3 month public hearing before the auditor.