Commercial 

Shail’s commercial disputes practice encompasses a broad range of work including:-

• General contractual disputes including the sale and supply of goods and services
• Civil fraud, with particular experience in fraud arising in investment, mortgage and insurance contexts
• Financial services, especially claims involving a FSMA angle
• Claims against directors
• Banking disputes, in particular those involving mortgages, bridging finance, factoring facilities and consumer credit
• Claims with an international dimension giving rise to jurisdictional disputes, applications for service out, and choice of law problems

Highlights include:

• Brown v InnovatorOne and Ors: currently instructed as junior counsel on a c. £50m claim in the commercial court involving complex tax avoidance schemes and allegations of fraud against individuals and professional advisers. Appeared in the first reported decision on the new CPR 6.15 ([2008] EWHC 1376 (Comm)). Led by John Powell QC and Graham Chapman;
• Hayes v Somerfield Stores Ltd (unrep. 27 March 2009): Appeared with Sue Carr QC for the supermarket to defend a £2.7m claim brought by one of its former retail partners. Somerfield’s written submissions were described by the High Court as “scholarly, comprehensive and fair”;
• Assisting and advising in a c. £10m claim brought by the Financial Services Compensation Scheme involving the mis-selling of ‘precipice bonds’ and advising in on FSMA causes of action in that context;
• Instructed with Ben Hubble QC for the claimant in a £6m fraud claim involving the purchase of commercial development property;
• Appearing as sole advocate and advising in a substantial claim by a liquidator against the former directors of a company, and a further (unrelated) claim against a former director brought by a factoring company.

Insurance and Reinsurance 

Shail has experience of a wide range of insurance and reinsurance disputes including:-

• May 2010 - Acted for insurers in a successful three day multi-track trial concerning issues of coverage and avoidance in respect of a motor insurance policy
• Pursuit of fraudulent insurance claimants
• Advising and acting on policy wording/coverage matters
• Advising in disputes between insurers, including those arising out of the successor practice provisions of the solicitors’ Minimum Terms and Conditions.
• Advising on subrogation issues and acting in subrogated recovery claims.

Professional Indemnity 

Shail acts for claimants and defendants in claims involving solicitors, surveyors/valuers, accountants, financial services professionals (including insurance brokers and insolvency professionals) and construction professionals. In his first year in chambers Shail acted for and advised defendant insurers in a large number of small to medium value claims against solicitors, giving him the experience necessary to draft advices, defences and letters of response swiftly and efficiently. 

Recent highlights include:-

• Acting for the claimant on a c. £400k claim against a firm in respect of its conduct of a piece of commercial litigation which was struck out;
• Instructed for the claimant with Ben Hubble QC in a claim against solicitors involving the purchase of over 30 buy-to-let properties.

Construction and Engineering 

Shail appears regularly in the county courts and Technology and Construction Court on disputes of all sizes arising out of technology and construction. He has significant experience of subrogated recovery claims involving fires, floods and other wrongful damage to buildings and property.  

Highlights in this area includes:-

• Currently acting for a defendant construction firm in a claim brought against it for allegedly damaging gas infrastructure;
• A delay claim against a firm of consulting engineers in respect of a significant London commercial development site;
• Acting for a supplier of stone to a City office development in a claim for breach of contract and delay, including acting in the successful mediation of the claim.

Costs

Shail has a growing practice in the field of costs. He has advised on the interpretation of various costs rules including those relating to Section II of Part 45 CPR (the fixed costs regime). He has also been brought in to deal with costs issues in a  range of claims, and acts in claims for the recovery of solicitors’ fees. Shail has experience of conducting detailed assessment hearings.

Education

Shail studied law at Merton College, Oxford, where he graduated with the second highest first in the university and obtained the Martin Wronker and Field Fisher Waterhouse prizes for the highest marks in tort law and EC law. He obtained a distinction in law moderations, a college Scholarship from Merton and Fowler prizes in jurisprudence, contract law and trusts.

Shail completed his LLM at Harvard Law School where he participated in the university’s intensive trial advocacy program. He is a member of Inner Temple, where he received the Peter Taylor Scholarship. During his BVC year Shail was a seminar leader and examiner in tort law at King’s College London.

Shail has a broad commercial practice with particular emphasis on commercial disputes, insurance, and professional liability work. He appears regularly in the county courts and High Court both as sole advocate and as part of a team. Shail prides himself on being able to quickly identify the heart of a dispute and provide practical and commercial advice leading to its resolution.   

COMBAR