Site navigation

Patient with both solicitors and clients, he pays attention to detail and is passionate about his cases

Chambers UK Bar, 2023

Julian is experienced in consumer credit, commercial and property law. He also deals with related areas including asset tracing, banking, financial services, insurance, fraud, misrepresentation, undue influence and contested wills. He is regularly instructed on mortgage and landlord and tenant and public housing cases in contested possession claims and suspensions of warrants for possession. He also deals with licensing of landlords.  He has wide experience of professional negligence claims against solicitors, barristers, accountants, surveyors and construction professionals. He acts in employment disputes and advises on HR issues. He has had considerable experience of being a representative at mediations and has been trained in advanced mediation techniques. He appears in courts and tribunals throughout England and Wales.

Julian is able to accept Public Access instructions in the above areas of work. This enables him to accept instructions without a solicitor or intermediary. He can give advice, write or draft letters and draft documents and appear as an advocate. Julian is ranked by the Chambers and Partners and Legal 500 directories as a Leading Practitioner in Consumer Law (see Directory Quotes below).

  • Innovative and imaginative, he’s good at identifying new points in a case.

    Chambers UK Bar, 2022

  • He’s got a lot of experience in consumer law, particularly consumer credit.” “Julian is very good on the papers; he’s good on the research side and he advises comprehensively.

    Chambers UK Bar, 2021

  • Has a good practice, thoroughly deserving of recognition.

    Legal 500, 2021

  • He is passionate about his work and has a great ability to identify the issues very quickly which often enables a speedy resolution without recourse to the courts.

    Chambers UK Bar, 2019

  • Personable, knowledgeable and highly competent … For finance and regulation, he’s a first port of call.

    Chambers UK Bar, 2017
    • News
    • Notable cases
      • Kumar and others v LSC Finance Limited [2024] EWCA Civ 254. Appeal concerning a defective certificate as to business use signed by borrowers to make a regulated mortgage contact an unregulated investment property loan. The Court of Appeal decided that the trial judge was right to decide that the certificate was defective and that it could be considered as part of a fact finding enquiry into whether the loan was wholly or predominantly for business purposes. The Court of Appeal also upheld the trial judge’s construction of a clause in a guarantee and dismissed an application to amend the grounds of appeal and receive fresh evidence.
      • Selvarajah v Selvarajah [2023] EWHC 474 (Ch). Successful defence of claim to revoke a will on grounds of fraud and/or forgery of the testator’s signature. The circumstances were especially unusual because there was a complete absence of evidence as to how the will was created other than evidence from the two witnesses to the testator’s signature.
      • Arkin (as fixed charge receiver) v Marshall [2020] EWCA Civ 620, [2020] 1 WLR 3284: Julian represented the successful borrowers on a public access basis in the County Court at Central London and, led by Stephen Knafler QC, in the Court of Appeal in this important decision on Practice Direction 51Z staying possession proceedings for 90 days from 27 March 2020 due to the coronavirus pandemic.
      • Greenlands Trading Ltd v Pontearso [2019] EWHC 278 (Ch): Decision by Nugee J on appeal against the decision of HHJ Wulwik that a relationship between a lender and a borrower was not unfair under s 140A of the Consumer Credit Act 1974 . Points that arose were whether a default rate of 3% per month on a six month bridging loan with an interest rate of 1.45% per month was penal and unfair, whether Chubb v Dean [2013] EWHC 1282 (Ch) was good law and whether unfairness is to be assessed objectively even if the borrower does not perceive unfairness.
      • Southern Landlords Association v Brighton and Hove City Council: successful challenge on behalf of the SLA (now iHowz) to the decision of BHCC to introduce selective licensing of private rented sector property in 12 wards in Brighton and Hove under Part 3 of the Housing Act 2004, including judicial review proceedings and representations made to the Secretary of State (led by Ranjit Bhose QC of Cornerstone);
      • Siddiqui v NHS Commissioning Board [2018] EWHC 1257 (QB): an application to strike out an action brought by a dentist against the NHS under the rule in Henderson v Henderson (1843) 3 Hare 100 and applying the rule in Aldi Stores Ltd v WSP Group PLC [2008] 1 WLR 748. Julian led Richard Roberts against a silk and junior team from 30 Park Place, Cardiff;
      • Lukan v Ghana Commercial Finance Ltd (in liquidation) [2018] EWHC 418 (QB): successful out of time appeal against a circuit judge’s decision in 2011 not to set aside a possession order, which had been made by a district judge when Mr Lukan was absent in Nigeria.
      • Richards v Mckeown [2017] EWCA Civ 2374: Successful second tier appeal against the dismissal of a solicitor’s negligence claim because the claimant had added a personal injury claim to the claim form by amendment before service of the claim form and more than three years after the personal injury, but within six years of the accrual of the cause of action against the solicitor.
      • Edwards v Kumarasamy [2016] UKSC 40 [2016] AC 1334: Successful appeal to the Supreme Court from the Court of Appeal on the liability of an intermediate landlord with a long lease of a single flat to his assured shorthold tenant for disrepair in the paved area in front of a building containing 10 flats.. Julian, as sole counsel on public access, obtained permission to appeal from the Supreme Court and drafted the statement of facts and issues and the landlord’s written case. Julian was led at the hearing by Philip Rainey QC of Tanfield Chambers.
      • Bluestone Mortgages Ltd v Momoh [2016] CCLR 5: appeal to HHJ Tolson QC in Oxford County Court and permission to appeal refused by Court of Appeal: District Judge was correct to give summary judgment against buy to let landlord in relation to shortfall on mortgage following sale of property by lender and there was no unfair relationship under section 140A of the Consumer Credit Act 1974 involved in lender paying off unpaid service and other charges to freeholder without notice to borrower and then demanding repayment of those charges from borrower;
      • Adu v General Medical Council [2014] EWHC 4080 (Admin), McGowan J: appeal  pursuant to section 40 of the Medical Act 1983 against a determination of a Fitness to Practice Panel of the Medical Practitioners Tribunal Service of the GMC that a paediatrician’s name be erased from the medical register on grounds that his fitness to practice was impaired by reason of his deficient professional performance.
      • Ladbrokes Betting & Gaming Ltd v Edwards [2013] EWHC 1365 (QB), before HHJ Seymour QC: successful application to purge contempt and for release from prison 24 days into a 12 months’ sentence on the basis that the 24 days served satisfied the punitive element and the balance of the sentence had a coercive effect to prevent further breaches;
      • Greenwood Forest Products (UK) Ltd v Roberts, QBD Leeds [2010] Bus LR D146: loan by supplier to new company to buy assets of company in administration, personal guarantee by director of new company supported by mortgage on director’s home, mortgagee possession claim and counterclaim for rescission for fraudulent misrepresentation, undue influence and unconscionable bargain;
      • Carey v HSBC Bank plc [2009] EWHC 3417 (QB) [2009] CTLC 103 [2010] Bus LR 1142: test cases on enforceability of credit card debts, meaning of ‘true copy’, requirement for prescribed terms to be contained in same document as debtor’s signature, discretion to grant declarations, unfair relationship, burden of proof in establishing irredeemable unenforceability: sections 61, 78 and 140A of the Consumer Credit Act 1974;
      • Thompson v Charlesworth [2009] EWHC 417 (TCC), TCC Leeds Lawtel: No fixed price for design and build electrical contract between friends where price mentioned was held to be budget estimate;
      • Polarpark Enterprises Inc v Allason [2007] EWHC 1088 (Ch); [2007] 33 EG 92, [2007] WTLR 1829 and [2008] L&TR 6: Successful application to revoke a High Court writ of possession, enforcing a High Court possession against an occupant under a terminated licence, because the High Court had no enforcement jurisdiction despite having had jurisdiction to make a possession order, s3(1) of the Protection from Eviction Act 1977;
      • Crystalmews Ltd (in liquidation) v Metterick [2006] EWHC 2653 (Ch): £200 million freezing injunction in missing trader intra community VAT fraud case and committal application, including guideline case on sentencing for contempt of court;
      • Smith v Henniker-Major & Co [2002] EWCA Civ 762 [2003] Ch 182 [2002] BCLC 655, Chancery Div and Court of Appeal: Unauthorised assignment of professional negligence claim from company to managing director, Companies Act 1985 s35A, ratification, amendment of particulars of claim after expiry of limitation period, Led by David Mabb QC of Erskine Chambers
      • Davis v Trustee in Bankruptcy of the Estate of Davis [1998] BPIR 572: Effect of claimant’s bankruptcy on clinical negligence claim.
    • Publications
      • Co-Author of “Possession Matters” regarding Practice Direction 51Z, 170 NLJ 7889
      • Contributor to Atkin’s Court Forms: Landlord and Tenant (2014) and Trespass to Goods and Conversion (2010) titles.
      • Author of Delay in Legal Proceedings: Response and Remedies (1995)
    • Directory Quotes
      • “Patient with both solicitors and clients, he pays attention to detail and is passionate about his cases” Chambers & Partners 2023
      • “Innovative and imaginative, he’s good at identifying new points in a case.” Chambers & Partners 2022
      • “He’s got a lot of experience in consumer law, particularly consumer credit.” “Julian is very good on the papers; he’s good on the research side and he advises comprehensively.” Chambers & Partners 2021
      • “Has a good practice, thoroughly deserving of recognition.” Legal 500 2021
      • “He is passionate about his work and has a great ability to identify the issues very quickly which often enables a speedy resolution without recourse to the courts.” Chambers & Partners 2019
      • “Personable, knowledgeable and highly competent … For finance and regulation, he’s a first port of call.” Chambers & Partners 2017
      • “Bolstered by over 20 years of experience handling civil litigation and commercial law matters, Julian Gun Cuninghame frequently acts for debtors against prominent financial institutions. Most recently he has been involved in significant consumer credit litigation.” Chambers & Partners 2016
      • “He predominantly advises on consumer credit matters, usually for clients with a claim against a bank… He is very assured and highly experienced.” Chambers & Partners 2015
      • “A respected barrister whose excellent client manner emanates in large part from his previous career as a solicitor … ‘accessible, punctual, patient and willing to simplify often complicated legal language’.” Chambers & Partners 2014
      • “‘a very good advocate’ who ‘has an easy manner, is tenacious and is a good cross examiner’.” Chambers & Partners 2013
    • Education, qualifications, memberships
      • London Common Law and Commercial Bar Association
      • Professional Negligence Bar Association
      • Employment Law Bar Association
      • Former solicitor (admitted 1988)
      • College of Law, Lancaster Gate (1984 -1986)
      • University of Edinburgh, MA in Politics (1980-1984)
      • Sherborne School, Dorset (1974-1979)
      • Headfort School, Kells, Co Meath, ROI (1969-1974)

    VAT number: 576976957