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Torfaen CBC v Douglas Willis Ltd Supreme Court judgment On 31st July 2013 the Supreme Court handed down its judgment on use-by dates. Jonathan Kirk QC and Iain MacDonald, both of Gough Square, successfully represented the appellant local authority.
Read an article on the decision [here]
Read the full judgment [here]
Members of Chambers
Julian Gun Cuninghame
Called Lincoln's Inn (1989)
MA University of Edinburgh
College of Law, Lancaster Gate
Julian was called by Lincoln’s Inn in 1989, having been admitted a solicitor in 1988.
Ranked by Chambers and Partners Directory 2013 as a Leading Practitioner in Consumer Law and described as "a very good advocate", "has an easy manner, is tenacious and is a good cross examiner" and "largely known for his work for borrowers in areas such as credit card litigation and PPI mis-selling"
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 regularly instructed on mortgage and housing cases on contested possession claims and suspensions of warrants for possession. 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, write or draft letters and draft documents and appear as an advocate, but he cannot conduct litigation, contact witnesses 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.
Notable cases include:
Ladbrokes Betting & Gaming Ltd v Edwards, 12 April 2013, QBD, HHJ Seymour QC: successful application to purge contempt and for release from prison.
McAuley v Central Capital Limited, 1 November 2011, Chester County Court , HHJ Halbert: proper interpretation of the Insurance Conduct of Business Rules ("ICOB") in alleged PPI misselling case.
Jerome v Nationwide Building Society, Bradford County Court, 1.9.11, credit card agreement held to be irredeemably unenforceable because the prescribed terms were in a separate document from the credit card agreement signed by the borrower, court exercised its discretion to make a declaration that the credit card agreement was irredeemably unenforceable, Carey v HSBC Bank plc  EWHC 3417 considered.
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  EWHC 3417 (QB)  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  EWHC 417 (TCC): No fixed price for design and build contract.
Polarpark Enterprises Inc v Allason  EWHC 1088 (Ch);  33 EG 92,  2 EGLR 85,  WTLR 1829,  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  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  EWCA Civ 762  Ch 182 &  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  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.
VAT NO: 576976957