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Michael Stuart

Summary

Michael Stuart has a broad civil practice based upon providing sound, practical legal advice and an excellent service for those with whom he works.  He works with both private and public sector clients.  Michael has considerable court experience regularly appearing at debate, proof and appeal before the Sheriff Courts, the Outer and Inner Houses of the Court of Session and the House of Lords (see below for examples of some recent cases).  He also speaks at seminars and conferences and is an instructor on the Faculty of Advocates devils' Foundation Course.

In March 2010 Michael was appointed as an Advocate Depute by the Lord Advocate to prosecute crime in the High Court of Justiciary.

Reflecting his breadth of experience, Legal 500 commented that Michael "is particularly effective in dealing with corporate and commercial issues within family law cases" and "is recommended for divorce wih family business or complex property aspects."

Examples of recent argued and decided cases

• 2009 - Junior counsel on behalf of Lord Advocate in the Fingerprint Inquiry.
• DM v JM and Another [2009] CSOH 65 - Family Law - s18 Family Law (Scotland) Act 1985 - interpretation - interim interdict against third parties (currently on appeal)
• Simmers v. Innes 2008 SC (HL) 137; [2007] CSIH 12; 2006 SCLR 61- contract - interpretation - option to purchase - implement - whether time of essence.
• Robson v. Grampian Country Chickens [2008] CSOH 100 - proof - occupational asthma.
• Lavery v Lavery 2008 FamLR 47 - appeal - family law - separation agreement - interpretation - survivorship destination.
• Henderson v. Sutherland [2007] CSOH 158 - proof - personal injuries - substantial injury.
• RS v CS (2008) - Outer House - family law - financial provision on divorce - company valuation - property transfer order - statutory interpretation.
• F v F (2008) - Outer House - family law - financial provision on divorce - s.18 setting aside order.
• Francis Wilkie v DB Stuart and another [2007] CSOH 197 - commission and diligence - scope of recovery.
• ES v GS - Outer House - family law - financial provision on divorce - company valuation - tax on revaluation of heritage in property company - special circumstances.
• McLennan v Franzese - Commercial Court- contract - interpretation - option to purchase - implement - defences of reduction and negligent misrepresentation.  

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