Back...


The Rt. Hon Sir Murray Stuart-Smith

Qualified:
Mediator
Arbitrator
Specialist Areas:
General Common Law
Commercial Law
Education:
Corpus Christi College, Cambridge 1st Class Hons MA
LLM. Foundation Scholar. Hon Fellow
Judicial History:
Judge of the High Court Queen’s Bench Division 1981-1988
Presiding Judge Western Circuit 1983-1987
Lord Justice of Appeal 1988-2000
General Information:
Appointments
Queen’s Counsel 1970
Bencher of Gray’s Inn 1977. Treasurer 1998.
Joint Inspector Gray’s Building Society 1979.
Member Criminal Injuries Compensation Board
Commissioner for the Security Service 1989-2000
Commissioner for the Intelligence Services 1994-2000
Member of Prescribed Organisation Appeals Commission 2002

Murray Stuart-Smith was a Lord Justice of Appeal from 1988 until April 2000, when he retired from the bench and returned to 2 Temple Gardens.Here he was formerly head of Chambers and had practised in common and commercial law since being called in 1952 until becoming a High Court Judge in 1981. He is a former Commissioner for the Security Service and was Commissioner for the Intelligence Services from 1994-2000. He now accepts appointments as an arbitrator and mediator.

Prominent Leading Judgements

Contract
Motis Exports Ltd v Dampskibsselskabet AF 1912, Aktielselskab & ANR [2000] All ER (Com) 1
Contract – Carriage of Goods – Carrier delivered goods against forged bill of lading – Carrier not entitled to rely on clause excluding liability for loss after discharge however caused

Deepak Fertilisers and Petrochemicals Corporation v. ICI Chemicals & Polymers Ltd and others [1999] 1 Lloyd’s Rep 387
Contract – Limitation of liability – Construction of exclusion clauses – Breach of collateral warranties – Contract for construction of methanol plant in India

Senate Electrical Wholesalers Ltd v Alcatel Submarine Networks Ltd 22.06.98
Contract – measure of damages for breach of warranty in contract for sale of business – effect of error in profit figure in management accounts warranted by the vendor

Tort
Holbeck Hall Hotel Ltd & Anr v Scarborough Borough Council [2000] EGCS 29
Real property– easement of support– catastrophic collapse and landslip due to natural causes – extent of liability for unforeseen damage in measured duty of care

Phelps v London Borough of Hillingdon [1999] 1 WLR 500
Negligence – Personal Injury – Whether duty of care owed by educational psychologist to child for failure to detect dyslexia– Assumption of responsibility

Luke William Ratcliffe v G R McConnell & Ors (1999) 1 WLR 670
Occupiers liability to adult trespasser under Occupiers Liability Act 1984

Insurance
Yorkshire Water Services Ltd. V Sun Alliance & London Insurance plc and others [1997] 2 Lloyd’s Rep 21
Insurance (Public Liability) – Indemnity – Implied term – embankment of waste tip failed and vast quantity of sewage sludge deposited in river.

National Justice Compania Naviera SA v Prudential Assurance Co Ltd (“The Ikarian Reefer”) [1995] 1 Lloyd’s Rep 455
Insurance (Marine) – Fraudulent claim for constructive total loss – Owners’ connivance in deliberate grounding and subsequent fire on vessel

 

Contact Information:
ADR Chambers UK
City Point - 15th Floor
1 Ropemaker Street
London
EC2Y 9HT
Telephone: 0845 072 0111
Fax: 0845 072 0112
DX: 33869 Finsbury Square
Web: www.adrchambers.co.uk
Email: duggan@adrchambers.co.uk

 

 

ADR Chambers UK is a trading name under licence to The Brief Network Limited
Registered Office: 135/137 Station Road, London E4 6AG. Registered in England: 05971591