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Shail Patel

Call: 2006

B.A. (Oxon), LL.M. (Harvard)

Shail has a broad commercial disputes practice with particular emphasis on financial services, insurance, professional liability work and costs. 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.

Shail is named a “Leading Junior” in Legal 500 2012 and 2013 (professional negligence) and “one to watch” in Legal 500 2013 (insurance and re-insurance).

Recent Highlights

E.Surv Limited v Goldsmith Williams Solicitors [2014] EWHC 1104 (Ch)

Shail was sole advocate for the successful claimant in this claim brought by valuers against solicitors under the Contribution Act. The case raised an important point of construction of a conveyancing solicitors’ retainer under the CML Handbook and Solicitors’ Practice Rules. The Court held that the duty imported by Mortgage Express v Bowerman [1996] 1 PNLR 62 was not excluded by the terms of the retainer, and the defendant was therefore liable for failing to report the prior purchase price of the security property to its lender client.

Mathiesen v Clintons [2013] EWHC 3056

Acting for the Defendant West End firm of solicitors in successfully defending a £15m claim arising out of the drafting of a shareholders agreement. The case involved allegations of dishonesty against the solicitors involved (which were rejected by the Court) and other legal and factual complexities. Acting with Michael Soole QC and Jamie Smith.

Yeates v Aviva Insurance plc [2012] EWCA Civ 634

Shail appeared as counsel for Aviva in the Court of Appeal successfully resisting the Claimant’s application for an extension of time for appeal. The Court of Appeal accepted Aviva’s submissions that the Claimant had not been candid in the presentation of his application and laid down a principle that a misstatement to the court when applying for an extension would “almost inevitably lead the court to decline to exercise its discretion in favour of a would be appellant  regardless of the merits of an appeal”.

Adams & ors v Ford & Ors [2012] EWCA Civ 544; [2012] All ER (D) 137

Shail appeared with Graham Chapman for the respondents before the Court of Appeal, successfully resisting an appeal relating to authority to issue claim forms and abuse of process. The appeal raised a novel procedural dilemma concerning proceedings issued without authority. See the ‘News’ section for further details.

Brown & Ors v InnovatorOne plc and Ors [2012] EWHC 1321

From Autumn 2008 until the conclusion of the 18 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:-

  • [2012] EWCA Civ 544; [2012] All ER (D) 137 (Court of Appeal, abuse of process/strikeout)
  • [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 of the Encyclopaedia of Financial Services Law (Powell & Lomnicka, looseleaf)

- Co-editor (with David Halpern QC) of the “Accountants” chapter in Jackson & Powell on Professional Liability (7th ed.)

- Regular articles including in the New Law Journal, Insurance Law Monthly, Journal of International Banking and Financial Law 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.