Call: 2006
BA (Oxon), LLM Harvard
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.
Recent Highlights
From Autumn 2008 until the conclusion of the 16 week trial in February 2012 shail acted as junior counsel for the Claimants in Brown v InnovatorOne and Ors, a c. £50m claim involving complex tax avoidance schemes and allegations of fraud against individuals and professional advisers, led by John Powell QC and Graham Chapman. Over that period Shail gained unparalleled hands-on experience on all aspects of running complex commercial court proceedings from start to finish.
The issues arising in Innovator included breach of trust, dishonest assistance, conspiracy, insurance and coverage points, and causes of action under the Financial Services and Markets Act 2000, as well as a large number of procedural and satellite matters. Shail has appeared in the following Innovator related decisions:-
- [2011] EWHC 3321 (Comm) - on mid-trial amendments to statements of case; cited at White Book vol. 1: note 17.3.7
- Bjorn Stiedl v Enyo Law LLP [2011] EWHC 2649 (Comm) - where a defendant in the action applied to injunct the Claimants’ solicitors from acting; cited at White Book vol. 1, note 31.3.27 (where Shail appeared at the earlier hearing before Walker J).
- [2008] EWHC 1376 (Comm) - the first reported decision on the correct interpretation of CPR 6.15, cited at White Book vol. 1 note 6.15.3 (on substituted service)
- Further interim applications and hearings: [2011] EWHC 119 (Comm), [2011] EWHC 215 (Comm), [2010] EWHC 2281 (Comm), [2009] EWHC 2905 (Comm), [2009] EWHC 1376 (Comm).
Dominic Adams v Stewart Ford, Keydata Investments Services Ltd & Ors. Shail is instructed with Graham Chapman for over 100 Claimant investors in technology based tax mitigation investment schemes, appearing in:-
- [2011] EWHC 3412 (Comm); stay of proceedings
- [2011] EWHC 2101 (Comm); abuse of process/strikeout
Shail acted for the vendor bridging finance provider in Wickens v Cheval Property Developments Ltd [2011] 1 P & C.R. DG9, (2010) 154 (35) SJLB 30; [2010] EWHC 2249 (Ch), a leading case on the meaning of the Law Society’s Standard Conditions of Sale. The dispute concerned the sale of a £1.3m stately home, issues of construction and allegations of deceit.
Publications
- Contributor to the forthcoming edition of the Encyclopaedia of Financial Services Law (Powell & Lomnicka)
- Co-editor (with David Halpern QC) of the “Accountants” chapter in Jackson & Powell on Professional Liability (7th ed.)
- Various articles including in the New Law Journal, Insurance Law Monthly and Butterworths Costs Newsletter
Education
Shail studied law at Merton College, Oxford, where he graduated with the second highest first in the university and was awarded 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.