Stuart Hornett

Stuart’s practice encompasses the range of subjects comprising modern commercial and chancery litigation. He has particular expertise in property, landlord & tenant and property / mortgage related professional negligence such as the recent Vision Golf v Weightmans (acting on behalf of the successful claimant). Stuart is ranked among the Leading Juniors in The Legal 500 and Chambers and Partners Directory for property work. He has substantial experience in cases of high value and complexity involving company matters, including s.459 petitions, and cases concerning breach of fiduciary duties and breach of confidence. Stuart regularly provides lectures & seminars.

Year of Call: 1992

Professional memberships: Chancery Bar Association
Property Bar Association

Recent and reported cases:

Meisels v Lichtman, Berger & Weiss [2008] EWHC 661 (QB) Blake J.
(Acted for Trustees of charity in an action for the return of a disputed donation. First reported decision of an English Court in which there has been a ruling on the common law definition of a gift, exploring the role of subjective intent of the donor and whether a gift can have any element of reciprocity or consideration)

Lyndendown Ltd v Vitamol Ltd [2007] 29 EG 142 (CA)
(Acted for a subsidiary of a plc at first instance and in the Court of Appeal. Successfully defended a claim for damages for disrepair at the end of the term on the basis that because there was a 1954 Act protected sub-tenant holding over, damage to reversion was nil or nominal (applying Family Management v Gray). The existence of a side letter containing various assurances and an indemnity from the tenant’s parent company did not alter the position)

Vision Golf Ltd v Weightmans (a firm) [2005] 1675 EWHC (CH) (Lewison J.)
(Acting for successful Claimant in a professional negligence action in a case concerning solicitor’s failure to apply promptly for relief from forfeiture by peaceable re-entry; whether breach caused any loss; whether an application for relief made after 6 months by a second firm of solicitors under the equitable jurisdiction would have succeeded; whether parallel lease also forfeited and whether it was lost as a result of the solicitor’s negligence)

Crowndale Taverns v Stavaco Limited Ch.D LTL 9.11.04 (Lindsay J.)
(Application to cancel cautions protecting options over development land; failure to comply with s.2 Law of Property (Miscellaneous Provisions) Act 1989; no exchange of identical contracts within s.2(3); estoppel)

Kruger Trading Ltd v Global Network Holdings Ltd 2004 EWHC 1396 (Ch) (T. Mowchenson Q.C.)
(construction of demise clause in commercial lease; declarations as to proper construction; rectification on grounds of mutual or unilateral mistake; forfeiture of lease)

Dobbs & Acorn Televillages v Tiodos Bank & Morrison & Others 2004 EWHC 845(Ch) (Lewison J.)
(successfully defended Grant Thornton against a negligence action involving allegations of disposing of UK property and US shares at an undervalue)

Dobbs v Grant Thornton (Neuberger J. December 2002)
(application to remove Receivers under s.34 Insolvency Act 1986; application struck out on grounds of delay and potential prejudice to innocent third parties)

Goode v Martin (CA) [2001] 1 All ER 620
(adding cause of action outside limitation period; CPR 17.2; Article 6 ECHR)

Audergon v La Baguette (CA) The Times 31 Jan 2002
(lifting automatic stay under CPR PD51; proper approach to appeal: review or rehearing)

FiveCourts Ltd v Leisure Development (2001) 81 P&CR 22
(Forfeiture for breach of repairing covenants; consent orders not complied with; whether jurisdiction to interfere with consent order; whether consent should be varied)

McDonald v Myerson & others [2001] NPC 20 (CA)
(Recovery of property obtained under an executed contract tainted with illegality; enforcement of illegal contracts compared to a right of recovery based on proprietary interests obtained under an executed agreement; extension of principles in Tinsley v Milligan)

Lady Manor Ltd v Fat Act Bars [2000] EG 121
(recovery of introductory agent’s fee; whether contract created by cold mail volunteering information on terms)

UCB Invoice Discounting Ltd v Creative Services Inc (CA) 1999 Lloyd’s Alert Service
(sale of goods; fitness for purpose and reasonable reliance)

Donhou v Sun Alliance Insurance (1997) (CA, unrep)
(avoidance of commercial insurance policy on grounds of admissions made by assured)

Mitchell & Hobbs (UK) Ltd v Mill [1996] 2 BCLC 102
(validity of legal proceedings authorised by company; power of director to direct legal proceedings on behalf of company)

Email: stuart.hornett@selbornechambers.co.uk