Julian Gun Cuninghame - barrister, ShenSmith BarristersYear of Call: 1989

Inn of Court: Lincoln’s Inn

Professional Qualifications

Lincoln’s Inn advocacy and ethics trainer since 2004

Called to the Bar in 1989 by Lincoln’s Inn

Admitted a solicitor in 1988

Law Society’s Finals in 1987

Common Professional Examination in 1986

Practice description

Property and Common Law Litigation

As a solicitor, I was involved in property and common law litigation. I spent several months working on a constructive trust/tracing claim. I was also involved in acting for solicitors and other professionals in partnership disputes and professional conduct issues.

I have developed a practice in solicitors’ negligence claims, partnership disputes and conduct issues. This has branched out into other professions, including accountants, financial advisers, surveyors and clinical professions. I also do solicitors’ costs cases.

I continue to be regularly instructed in contract-based litigation. This includes sale of business agreements, shareholders’ agreements, franchises, insurance, banking and construction. I also advise on and draft terms and conditions.

Assset Recovery

I do asset recovery cases, including tracing and constructive trust claims. This involves a range of remedies from summary judgment on debts to freezing injunctions. I have also been involved in applying for and resisting committal for breach of freezing injunctions.

Property Law and Property Disputes

Having had a background in property law at Gamlens (including 12 months in the property department), I have regularly been instructed in property litigation, particularly real property disputes over boundaries, easements and adverse possession. I also do landlord and tenant, mortgage and joint ownership of property litigation.

Employment Tribunals

I am regularly instructed in employment tribunal cases and have taken and resisted appeals in the EAT. These cases usually concern unfair dismissal and/or discrimination. I also advise employers on general employment issues, including equal pay and the Working Time Regulations. I have obtained and resisted injunctive relief on restrictive covenants in an employment context.

 

Publications

Sole contributor to Atkins’ Court Forms, Trespass to Goods and Conversion, 2006

Joint contributor to Atkins’ Court Forms, Landlord and Tenant, 2005 (and forthcoming 2009 edition)

Author, Delay in Legal Proceedings, Longman, 1994

Lectures & podcasts

Lecture on “Liquidated Damages clauses” for CLT conference on Recovery of Financial Losses in Litigation, 1st February 2008

Lecture on “Tactics on Disclosure and Requests for Information” for CLT conference on Evidence, Disclosure and Privilege in Civil and Commercial Disputes, 29th February 2008

“Damages Workshop” for CLT conference on Motor Vehicle Sale and Supply Claims and Disputes, 14th March 2008

Lectures on “Developing a Trial Strategy” and “Handling Live Witnesses” for CLT conference on Aspects of Civil Advocacy on 31st March 2008

Lecture on “Limitation update” for CLT Professional Negligence Update conference to be held on 13th March 2009

Podcast on “Are bank charges unfair?” for CPDcast.com

Podcast on “A practical guide to disclosure in litigation” for CPDcast.com

 

Education

1984 to 1986 College of Law, Lancaster Gate

1980 to 1984 University of Edinburgh, Politics MA, class 2i

1979 to 1980 Gap year working and travelling in France, Greece and Israel

1974 to 1979 Sherborne School, Dorset

1969 to 1974 Headfort School, Kells, Co Meath, Republic of Ireland

 

Interests

Seido karate, running, sport, history, politics, museums.