Profile

Stuart Nicol



Qualified –
1994

Summary of Practice

Stuart has practiced
in commercial and civil litigation for almost 20 years. His particular area of
specialism is in Intellectual Property and obtaining and defending interim
injunctive relief. He has particular experience in dealing with freezing
injunctions, search orders and security for costs applications. His practice
areas include:

 
§  Copyright, trademark and design right claims

 
§  Passing off claims

 
§  Website infringement claims

 
§  Database rights

 
§  Media, defamation and privacy claims

 
§  Injunctions

 
§  Insurance law

 
§  High value personal injury claims

 
§  Civil fraud

 
§  Costs

 
§  Credit Hire Agreements
    
 

Within his
IP, Media and Entertainment law practice, his clients vary from large
corporations, substantial brand owners, music production companies and record
companies to small businesses and private authors, inventors and composers.
Focusing particularly, but not exclusively, in the area of musical copyright,
Stuart has represented such household names as "The Village People”, "Space”,"David Essex”, "Huf Haus”, and has acted for Claimants in claims
against "Jamelia” and "Beenie Man”.



Stuart also
works for a variety of major insurance companies and has been involved in high
value PI litigation and fatal accident claims. Stuart also represents Claimants
and Defendants in credit hire litigation and has considerable experience in
this area.

More recently he has been
involved as junior counsel in the long running High Court litigation of Xhosa
Office Rentals Ltd. v. Multi High Tech PCB Ltd. and others which has
involved issues of freezing relief, database rights, security for costs orders,
passing off, passport seizure orders and European enforcement orders.


 

Selected Cases

B v. Bauer Publications
Ltd. (High Court)

(2002) EMLR 8;
interim injunctive relief against "Take a Break” magazine revealing the

identity of an
alleged rapist who was the subject of a House of Lords’ anonymity order.

Brown v. MCASSO Music
Production Ltd. (Patents Court)

[2005] EWCC 1:
Copyright, contribution to lyrics by a session musician and whether the

contribution made
was the right kind of ‘skill and labour’.

Brown v. MCASSO Music
Production Ltd. (Court of Appeal)

[2005] EWCA 1546
factors considered in reversing the trial’s Judge’s assessment of costs

Stallwood v. David and
Adamson (High Court)

[2006] EWHC 2600:
Circumstances in which a party has the right to call additional expert evidence.

Beechwood Birmingham Audi
v. Hoyer Group (Court of Appeal)

[2010] 3 WLR 1677
(led by Mark Turner QC.); assessing the principles to be applied to

the calculation of
damage for loss of use in a commercial context and the recoverability of credit hire payments
by commercial Claimants.

Xhosa Office Rentals Ltd.
v. Multi High Tech PCB (High Court)

[2012] EWHC 3673
(led by Richard Spearman QC.) Security for costs application and

enforcing the
security against a Respondent’s personal property

Xhosa Office Rentals Ltd.
v. Multi High Tech PCB and Loizakos (High Court, Wilkie,

Mitting, Stewart and Lang
Js)

[2014] (unreported);
the Court making repeated order to impound the passport and

identity card of the
Respondent in aid of a freezing injunction and giving liberty to enforce a Worldwide Freezing
Order outside of the jurisdiction.

Education

1994- Inns of Court
School of Law, Very Competent

1993- LL.B (Hons) 2:1 Queen Mary and Westfield
College, University of London.



 
 
 


 
 
 
 




 
 



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