13KBW

Stuart Nicol

Date of Call 1994

 

 

RANGE OF EXPERIENCE          

Stuart’s practice covers all aspects of Intellectual Property and Media and Entertainment Law including obtaining injunctive relief and protection of privacy claims.  He also has a wide range of experience in acting for claimants and defendants in all areas of personal injury law.



QUALIFICATIONS

1994     Called to the Bar, Lincolns Inn, Very competent. 

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


CAREER PATH

Stuart became a member of 13 King’s Bench Walk in December 2006 having previously been a pupil in these Chambers in 1996-1997. From 2000 to 2006 Stuart was a tenant at Bridewell chambers.   

 

PROFESSIONAL PRACTICE EXPERIENCE

His professional practice has covered

  • Intellectual Property and Media and Entertainment law. 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" and has acted for Claimants in claims against "Jamelia" and "Beeny Man". Stuart has worked closely with experts such as Peter Oxendale (one of the world's leading musicologists) and Peter Waygood (Chairman of PCAM). In Stuart's most recent case he represented MCASSO Music Productions Ltd. in a case covering the nature of the contribution required to be made by a session musician to be entitled to a share of the lyrical copyright in a song: Brown v. MCASSO Music Production Ltd. [2005] EWCC 1. 
  • Injunctions and the protection of privacy.  He obtained injunctive relief in the case of B v. Bauer Publications Ltd (aka "Take a Break Magazine") (2002) EMLR 8. 
  • Personal Injury where he acts for all parties in matters relating to road traffic accidents, health and safety at work, Employers liability, Occupiers Liability and fatal accident claims. Stuart also acts for a number of large insurance companies as well as local authorities and will also enter into conditional fee agreements.  
  • Vicarious liability claims against local authorities representing clients at all stages of the litigation from the County Court to the Court of Appeal.  Stuart has also gained a great deal of experience representing claimants where psychiatric injury has been the predominant injury and has successfully represented claimants who have suffered major post-traumatic stress disorder and personality change. 
  • Psychiatric injury as a result of sexual assault where a local authority was the responsible defendant. 
     
  • Road traffic accidents where animals have been the cause of accidents also seem to a niche area for Stuart and he has represented several clients under the Animals Act 1971.

 

RECENTLY REPORTED CASES

B v. Bauer Publications Ltd. (2002) EMLR 8.

Brown v. MCASSO Music Production Ltd. [2005] EWCC 1: Copyright, contribution to lyrics, whether contribution was the right kind of skill and labour.

Stallwood v. David and Adamson [2006] EWHC 2600 (on appeal to the Court of Appeal): The circumstances in which a party has the right to call additional expert evidence. 

 

OTHER INTERESTS                         

Enjoys a wide range of music including the Gypsy Kings, Red Hot Chilli Peppers and Led Zeppelin. Stuart enjoys good food and wine and will attempt recipes form Raymond Blanc as well Heston Blumenthal.  Stuart likes to travel and has visited Australia on several occasions.  Stuart loves to visit and drive around northern Spain and southern France. He is an avid golfer in which sport he has represented the University of London. Stuart is a keen but average tennis player and likes to follow rowing and rugby.

Stuart is also trustee and treasurer of the Cheyne Charity for Children with Cerebral Palsy.