Talk from the TSI conference in Bournemouth

Gough Square again took a Stand at TSI conference in Bournemouth in June - Iain MacDonald gave an update on Unfair Trading Regulations. View PowerPoint presentation.

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Members of Chambers

Julian Gun Cuninghame

Called Lincoln's Inn (1989)

MA University of Edinburgh

College of Law, Lancaster Gate

Former Solicitor

jgc@goughsq.co.uk

Julian was called by Lincoln’s Inn in 1989, having been admitted a solicitor in 1988.

Julian is experienced in consumer credit, commercial and property law. He also deals with related areas including asset tracing, banking, financial services, insurance, fraud, misrepresentation and undue influence. Julian has wide experience of professional negligence claims against solicitors, barristers, accountants, surveyors and construction professionals. He is also regularly instructed in professional partnership disputes and cases involving covenants in restraint of trade. He acts in employment disputes and advises on HR issues. He lectures on commercial and procedural topics and teaches advocacy. He has had considerable experience of being a representative at mediations and has been trained in advanced mediation techniques. He appears in courts and tribunals throughout England and Wales.

Julian is able to accept Public Access instructions in the above areas of work. This enables him to accept instructions without a solicitor or intermediary, but he cannot do the work of a solicitor. He can give advice, draft letters and other documents and appear as an advocate, but he cannot conduct litigation, contact witnesses, write letters or instruct an expert. This facility is likely to be of use to businesses, professionals and public bodies, who have the resources and manpower to conduct litigation. Individuals will probably find it easier to consult a solicitor rather than a barrister directly.

Notable cases include:
Greenwood Forest Products (UK) Ltd v Roberts, Mercantile Court, Leeds, Lawtel, 12th March 2010: loan by supplier to new company to buy assets of company in administration, personal guarantee by director of new company supported by mortgage on director's home, mortgagee possession claim and counterclaim for rescission for fraudulent misrepresentation, undue influence and unconscionable bargain.

Carey v HSBC Bank plc [2009] EWHC 3417 (QB) [2009] CTLC 103: test cases on enforceability of credit card debts, meaning of ‘true copy’, requirement for prescribed terms to be contained in same document as debtor's signature, discretion to grant declarations, unfair relationship, burden of proof in establishing irredeemable unenforceability: sections 61, 78 and 140A of the Consumer Credit Act 1974.

Thompson v Charlesworth [2009] EWHC 417 (TCC): No fixed price for design and build contract.

Polarpark Enterprises Inc v Allason [2007] EWHC 1088 (Ch); [2007] 33 EG 92, [2007] 2 EGLR 85, [2007] WTLR 1829, [2008] 1 P&CR 4 and (2008) L&TR 6: Revocation of a High Court order enforcing possession against an occupant under a terminated licence because the High Court had no enforcement jurisdiction, s 3(1) of the Protection from Eviction Act 1977.

Crystalmews Ltd (in liquidation) v Metterick [2006] EWHC 2653 (Ch): £200 million freezing injunction and committal application in missing trader intra community VAT fraud case.

V v T Ltd, 2006, Croydon Employment Tribunal and Employment Appeal Tribunal: Sex discrimination and sexual harassment claim successfully resisted at first instance and on appeal.

S v C, 2005, Lincoln County Court, Successful claim for an injunction and damages under the Protection from Harassment Act 1997 following death threats and damage to vehicles, which attracted national newspaper coverage.

B v Norwich Union, 2005, Commercial Court, £1 million factory fire insurance claim, including allegations of fraud and coverage issues.

S v London Borough of M, 2004, Croydon Employment Tribunal, 8 day disability discrimination case.

Smith v Henniker-Major & Co [2002] EWCA Civ 762 [2003] Ch 182 & [2002] BCC 544: Unauthorised assignment of professional negligence claim from company to managing director, Companies Act 1985 s 35A, ratification, amendment of particulars of claim after expiry of limitation period.

Davis v Trustee in Bankruptcy of the Estate of Davis [1998] BPIR 572: Effect of claimant’s bankruptcy on medical negligence claim.

Julian is a contributor to Atkin’s Court Forms: Landlord and Tenant (2009) and Trespass to Goods and Conversion (2010) titles. He is author of Delay in Legal Proceedings: Response and Remedies (1995)

Julian is a member of the Professional Negligence Bar Association, the Employment Law Bar Association and the London Common Law and Commercial Bar Association.

Julian is married with two children. He is interested in politics, history and sport. He is an enthusiastic practitioner of Seido karate.

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