Paul Mitchell has a chancery/ commercial practice, with particular specialities in claims involving the liability of professionals, especially solicitors and barristers, accountants, tax advisers, fund managers and surveyors; disputes regarding professional indemnity insurance; claims arising from the economic torts, notably malicious prosecution of earlier claims and conspiracy; and claims arising from and in connection with the conduct or effect generally of earlier litigation (e.g., wasted costs applications, loss of chance claims). He acts in a broad variety of general commercial claims, frequently where some problem has arisen, either from the facts of the case or the way it is being handled, that needs a creative solution to break a deadlock. Paul is also regularly instructed to deal with costs issues arising out of high value Commercial disputes.
Paul is particularly sought out for cases requiring an imaginative leap of analysis. He is a good team player and leader whose calm approach under pressure is often commented upon. His advocacy is seen as good humoured, courageous and very effective. His strong academic background and intellectual curiosity make him particularly effective in the testing of expert evidence ranging from company and property valuations to foreign law.
His clients say that he “often pulls things out of the hat” “you can ring him up and he will give you really good advice on very difficult points. He is fantastic and really commercial”. “I will take him work on things that are likely to go to trial” “He is extremely bright, clear, concise, commercially astute and to top it all – a lovely guy to deal with”. “He is very strong on tactics and strategy and a great team player.”
Paul’s recent work includes:
- Acting for the successful defendants to the first case in English legal history of alleged malicious prosecution of civil proceedings since the recognition of the tort in 2016
- Acting for claimant suing offshore corporate trustees and various other parties in connection with multi-million pound thefts from the trust fund
- Acting for claimant in complex claim against fund manager arising from FM’s investment strategy
- Acting for defendant solicitors in claim brought by commercial lender against various parties relating to the granting of charges and the conduct of subsequent litigation
- Advising in connection with very substantial professional negligence action founded on conduct of widely-reported earlier litigation
- Acting for various claimants against tax advisers and accountants in relation to losses flowing from offshore tax planning scheme
- Acting for defendant tax advisers in claim brought by former client alleging negligent tax advice in respect of the settling of an offshore trust
- Acting for African company seeking to bring conspiracy claim against English company arising from the awarding of certain licenses
- Acting for the French employees of Marks & Spencer France Limited in a claim against the company brought in England but suing on rights arising under French law
- Retained by offshore firm to assist Cypriot-registered claimant in multi-million pound claim against Manx company;
- Retained by Singaporean firm to assist the respondent to an appeal in Singapore’s first case of alleged malicious prosecution of civil proceedings
- Acting for defendant Iranian businessman in fraud claim brought by an Iranian state-owned oil industry company
Recent reported cases include:
- Willers v Joyce & Nugent [2018] EWHC 3424 (Ch)
- Financial Conduct Authority v Da Vinci Invest Ltd [2018] EWHC 3789 (Ch)
- Williams v HCB Solicitors Ltd [2017] EWCA Civ 38
- Bank of Ireland v Watts Group Plc [2017] EWHC 1667 (TCC), [2017] TCLR 7, 173 Con LR 240;
- Bank of Ireland v Watts Group Plc [2017[ EWHC 2472 (TCC), [2017] BLR 626, 174 Con LR 84, [2017] Costs LR 899
- Financial Conduct Authority v Da Vinci Invest Ltd [2017] EWHC 2220 (Ch)
- Willers v Joyce & Nugent [2016] UKSC 43, [2016] 3 WLR 477, [2017] 2 All ER 372
- Willers v Joyce & Nugent (Practice: precedent) [2016] UKSC 44, [2016] 3 WLR 534, [2017] 2 All ER 383
- LSREF III Wight Limited v Gateley LLP [2016] EWCA Civ 359, [2016] PNLR 21
- Healey v Shoosmiths [2016] EWHC 1723 (QB)
Recent quotes from the Directories include:
“My chosen counsel because of the depth of his experience – he’s a polymath, has excellent investigation skills and has an interest in legal history, which helped in this case.” “Incredibly easy to deal with, exceptionally bright and knowledgeable and a very effective negotiator.” Chambers UK 2021
“Utterly charming with the mind of an arch-strategist. Exceptionally good at dealing with a very complicated set of facts and issues and magically making the case look simple and straightforward.” Legal 500 2021
“Very personable, gets to the nub of the issue quickly and doesn’t faff around the edges. He’s incredibly calm and cool as an advocate.” “Very bright and becomes part of the team.” Chambers UK 2019
“A brilliant advocate. Very tenacious but clear thinking. He set out sensibly and clearly a technically secure, well-thought-out, compelling piece of advocacy. He gives very robust advice and is prepared to think out of the box.” Chambers UK 2018
“A very good advocate, who is able to hammer home the strong points of case.” Legal 500 2017
“Charming and incisive, with a real knack for thinking on his feet.” “Phenomenally bright and the advice that he provides is very commercial.” Chambers UK 2017
“He unfailingly gets the answer right and is incredibly easy to get on with.” Legal 500 2016
“He makes light work of hard cases and is excellent on his feet. He is a delight to work with and is very good at coming up with pragmatic solutions.” “His main strengths are his attention to detail, legal knowledge and interpersonal skills.” Chambers UK 2016
“He delivers clear advice, is commercially aware, and has strong personal and diplomatic skills.” Legal 500 2015
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