Stuart Clubb > Shoosmiths > Edinburgh, United Kingdom > Lawyer Profile

Shoosmiths
9 Haymarket Square
EDINBURGH
EH3 8RY
United Kingdom

Work Department

Commercial litigation.

Position

Stuart is an experienced commercial litigator and leads the dispute resolution team in Edinburgh. He specialises in the resolution of commercial disputes, with significant expertise in corporate, contractual, insolvency and property related disputes.

Stuart is also a Solicitor Advocate with rights of audience in the Court of Session and the Supreme Court and has considerable experience acting for and appearing on behalf of clients in the Court of Session, the Sheriff Court, the Land Court and the Lands Tribunal.

Stuart also regularly advises insolvency practitioners, companies and directors on all aspects of insolvency law and has acted on a number of high profile insolvency cases. In November 2015, Stuart delivered the legal update presentation for the fifth year running at the leading Scottish insolvency conference run by the Institute of Chartered Accountants of Scotland.

His recent experience includes:

  • Acting on behalf of liquidators in an application to the court for directions on the previously untested question of whether liquidators in Scotland have the power to disclaim onerous property.
  • Representing a global supplier of diving and subsea equipment in the successful resolution of a multi-million pound contractual dispute at mediation.
  • Acting on behalf of the purchasers of a company in a substantial damages claim for breach of warranty in respect of the seller’s failure to disclose, under the terms of a Sale and Purchase Agreement, information regarding the supply of defective products.
  • Representing a high net worth private investor in a successful claim for £1.1million under a put and call option agreement. The claim involved the calling up of a standard security granted as security for the debt, and the defence of a petition for suspension and interdict in relation to that calling up process.

Career

Stuart joined Shoosmiths in July 2016.

Memberships

Law Society of Scotland; Solicitor Advocate; WS Society Signet Accredited (Commercial Litigation)

Education

Peterhead Academy and University of Aberdeen: LLB Hons (2000); DipLP (2001)

Leisure

Golf, cycling.

Lawyer Rankings

Scotland > Dispute resolution > Debt recovery

The debt and asset recovery practice at Shoosmiths LLP regularly services banking and building society clients, energy sector companies, and construction industry providers on credit management matters, asset services and insolvency processes, with additional experience in litigation and enforcement cases. Praised as ‘excellent and knowledgeable’, Andrew Foyle spearheads the ‘astute, user-friendly and experienced’ team alongside Stuart Clubb, handling the full range of financial regulatory matters. Sophie McNally is another key contact in the team.

Scotland > Finance > Insolvency and corporate recovery

Shoosmiths LLP utilises ‘intellectual prowess’ to effectively navigate ‘complex legal challenges’, and act for trustees, administrators, corporates, and high-net-worth individuals on a variety of issues in the insolvency and restructurings space. The firm has seen a noticeable uptick in litigation instructions, and team lead Stuart Clubb, who is lauded by clients as ‘one of best insolvency lawyers working in Scotland today’ with a ‘brilliant technical mind’, has established himself as a key litigation lawyer for insolvency practitioners. Andrew Foyle, another esteemed litigator, is active on a broad range of mandates including conducting examinations, assessing the validity of administrator appointments, and initiating court action of the behalf of trustees and company directors.

Scotland > Dispute resolution > Commercial litigation

The ‘highly knowledgeable’ group at Shoosmiths, under the joint leadership of Stuart Clubb and Andrew Foyle, is adept at handling a broad range of disputes, including commercial contract and shareholder disagreements. Clubb’s practice includes commercial, insolvency, real estate, and professional negligence litigation, while Foyle specialises in all aspects of banking and financial services litigation, with experience in commercial recoveries litigation.