Commercial litigation concerns and trends – autumn 2023
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Legal 500
“Forensic, very clever, strategic and knowledgeable. Great with clients and one of the best juniors to work with.”
Shail Patel is a commercial litigator with a particular focus on financial services, fraud, insurance, professional liability work and costs. He also advises in regulatory and disciplinary investigations and enforcement proceedings. He was shortlisted for Financial Services and Insurance Junior of the Year in the Legal 500 Bar Awards 2022 and for Professional Negligence Junior of the year in the Chambers & Partners Bar Awards 2020.
Shail prides himself on being able to quickly identify the heart of a dispute and provide practical and commercial advice leading to its resolution. He is an experienced and tenacious advocate who will go the extra mile for his clients.
His commercial caseload spans multi-jurisdictional disputes in court and arbitration proceedings. It includes corporate and shareholder disputes and claims against officers, trustees and recipients of funds, particularly where those claims have an off-shore element. He is a leading specialist in securities actions under s.90 and s.90A of FSMA and has been instructed in 10 separate actions including Tesco, RBS and other confidential matters. He is also experienced at obtaining and defending applications for urgent injunctive relief, including freezing, evidence preservation and Norwich Pharmacal orders.
Shail is registered to practice in the Courts of the DIFC.
See the ‘Areas of Expertise’ below for more details of Shail’s experience and practice areas.
Directories
Shail is ranked as a leading junior by the directories in Commercial Litigation, Financial Services, Insurance, Professional Negligence and Costs.
“Shail is a genius in the courtroom. He gets stuck in as part of the team and gives very clear and excellent advice.” – Legal 500, 2023
“Shail is a fantastic barrister who provides consistently commercial advice.” “Shail’s written work is really of a very high quality.” – Chambers & Partners, 2023
“A top-notch junior. A star in the making. Incredibly smooth with the most difficult judges.” – Legal 500, 2022
“An extremely analytical, diligent and hard-working junior. He is one of the brightest talents for the future.” – Legal 500, 2022
“Extremely good on his feet, cost effective and commercial. The go-to counsel for non-standard matters that need commercial and technical input.” – Legal 500, 2022
“Shail is commercial, highly efficient and responsive with superb attention to detail.” “He is an excellent tactician and thinks outside the box. His written work is excellent and his advocacy is very persuasive.” – Chambers & Partners, 2022
“Very calm, articulate, clever and has a good client manner. He is our first choice senior junior counsel for professional negligence cases.” – Legal 500, 2022
“Extremely good: he’s persuasive and succinct.” “A go-to barrister for professional negligence because of his manner and technical excellence.” – Chambers & Partners, 2022
“Superb on costs issues and incredibly quick on the uptake.” – Legal 500, 2022
“Shail is a star. He is really easy to work with, he turns around matters quickly, has a great way of explaining challenging concepts to clients and assisting them to assess risk in a pragmatic and commercial way.” – Legal 500, 2021
“Fantastically approachable and commercial – the go-to barrister for legal issues of a quirky nature.” – Legal 500, 2021
“He has phenomenal attention to detail and beautifully crafts his pleaded case. He is responsive and collaborative, and takes initiative to improve our clients’ position.” – Legal 500, 2021
“Strong comprehensive knowledge and capacity to see the bigger picture. Responsive and precise in his advice.” – Legal 500, 2021
“He’s very bright and very quick to get to the key nuggets of a matter. He’s also very user-friendly and happy to bounce ideas around and fields queries well.” “He’s a go-to counsel for the more interesting and intellectually taxing matters. Shail is fantastically versatile.” “Technically very able, very hard-working and very good on his feet. He’s excellent.” – Chambers & Partners, 2021
“He’s an expert in professional negligence and very approachable to clients.” “He is very knowledgeable and practical.” – Chambers & Partners, 2021
“Leaves no stone unturned, an excellent trial lawyer.” “Always brings a fresh perspective.” – Legal 500, 2019
“Very commercial, bright, personable and user-friendly.” “Calm, assured and confident.” – Chambers & Partners, 2019
“He is incisive and has a nice manner. I can see him becoming a leader in the field.” “He is very bright, user-friendly, and great on technical detail.” – Chambers & Partners, 2019
Bank of Baroda v Maniar [2019] EWHC 2463 (Comm)
Successfully defending a bank’s claim on personal guarantees at trial, in a dispute involving a number of involved European cross border insolvency law and conflicts of law issues, in relation to the effect of the Irish law Examinership and Debt Settlement Agreement insolvency processes on English law bank guarantees. A full analysis can be found here.
Orb and ors v Fiddler and Anciano [2016] EWHC 361 (Comm)
Shail acted for a respondent to an unusual Norwich Pharmacal and evidence preservation order made in the context of substantial commercial court litigation. Shail (with Patrick Lawrence QC) acted on the successful application to discharge the injunction, which was set aside as an abuse of process and for significant material non-disclosures. The Judgment of Popplewell J considers the correct approach to the question of the purpose for which Norwich Pharmacal’s information is to be used.
E.Surv Limited v Goldsmith Williams Solicitors [2014] EWHC 1104 (Ch); [2015] EWCA Civ 1147
Shail was the sole advocate at trial and led by Ben Hubble QC in the Court of Appeal 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 trial judge, upheld by the Court of Appeal, 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 in breach of duty 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 in 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:-
Dominic Adams v Stewart Ford, Keydata Investments Services Ltd & Ors.
Shail was instructed with Graham Chapman for over 100 Claimant investors in technology based tax mitigation investment schemes, appearing in:
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.
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“Shail’s pleadings are beautifully crafted and a delight to read. A calm, authoritative and respectful advocate, who does not engage in unnecessary grandstanding or unprofessional tactics, and his manner and delivery are superb.”– Legal 500
“Shail is a great barrister and very user friendly. He gets stuck in as part of the team and gives very clear and excellent advice.” – Legal 500
“A top-notch junior. A star in the making. Incredibly smooth with the most difficult judges.”– Legal 500
“Excellent – he has a very calm style which is helpful when dealing with complex issues.” – Legal 500
“Leaves no stone unturned, an excellent trial lawyer.” – Legal 500
Shail is recognised by the Legal 500 as a Leading Commercial Litigation Junior. Shail is regularly instructed by leading City firms in complex matters encompassing all areas of domestic and international commercial dispute resolution. He is accredited to appear in the DIFC. Shail’s practice includes:-
Featured Commercial Dispute Resolution cases
“Shail is a very intelligent and thorough counsel with a real ability to give clients clear commercial advice. A pleasure to work with, responsive and creative in his approach.”– Legal 500
“Shail is a very intelligent and thorough counsel with a real ability to give clients clear commercial advice. A pleasure to work with, responsive and creative in his approach.” – Legal 500
“An extremely analytical, diligent and hard-working junior. He is one of the brightest talents for the future.” – Legal 500
“Excellent – confident in the delivery of his views but has a collaborative and open style.” – Legal 500
A substantial part of Shail’s case load involves litigation with a financial services, and financial services regulation aspect. He also has a significant advisory practice on FSMA related matters.
Shail’s experience in this area includes:
Featured Financial Services Regulation cases
“Shail is a genius in the courtroom. He gets stuck in as part of the team and gives very clear and excellent advice.”– Legal 500
“Superb on costs issues and incredibly quick on the uptake.” – Legal 500
“Masters the detail of costs cases without losing sight of the commercial purpose.”– Legal 500
“Always brings a fresh perspective.” – Legal 500
“Impressive on his feet.” – Legal 500
Recognised as a Leading Costs Junior by the Legal 500, Shail has a thriving practice in the field of costs. He regularly appears in the SCCO and related appeals and advises on the interpretation of costs rules, and funding agreements. He also drafts and settles fresh and remedial retainer documentation, including CFAs and DBAs.
Shail’s commercial practice complements his costs work. He has been instructed on costs aspects of major pieces of High Court litigation and group actions, for example, the Mau Mau litigation, In Amenas Oil Refinery litigation, bank swap mis-selling claims and redress schemes.
Featured Costs & Litigation Funding cases
Shortlisted for the ‘Professional Negligence Junior of the Year’ 2020 award by Chambers & Partners UK.
“An excellent advocate; a diligent junior who you want on your side with a good grasp of the key facts.” – Chambers & Partners
“Forensic, very clever, strategic and knowledgeable. Great with clients and one of the best juniors to work with.”– Legal 500
“Shail can explain complex things clearly and simply, and always has commercial tactics in mind, thinking one step ahead.” “He has a clear and measured advocacy style that wins favour with judges. Very user-friendly and a real asset to the team.”– Chambers & Partners
“Very good on the technical side, with the level of rigour on the details that you would expect. Works very well as part of a team, and is excellent with clients. A measured advocacy style, Shail’s ability to adapt his approach to reflect the difference preferences of the Bench is impressive.” – Legal 500
“Very calm, articulate, clever and has a good client manner. He is our first choice senior junior counsel for professional negligence cases.” – Legal 500
“Extremely good: he’s persuasive and succinct.” “A go-to barrister for professional negligence because of his manner and technical excellence.” – Chambers & Partners
“He has a tremendous ability to absorb a huge amount of detail and to bring it together in an incredibly concise and articulate manner.” – Legal 500
“He asks the right questions and really gets involved in achieving the desired result.” “He is approachable and easy to work with, and gives sound commercial advice on group actions.” – Chambers & Partners
“He is incisive and has a nice manner. I can see him becoming a leader in the field.” “He is very bright, user-friendly, and great on technical detail.”– Chambers & Partners
“Impressive” – Legal 500
“He is smart, technically very good and provides watertight advice. He is also very good with clients.” “Very intelligent, switched-on and on the ball commercially.” – Chambers & Partners
Shail acts for claimants and defendants in claims involving solicitors, surveyors/valuers, accountants, financial services professionals, insurance brokers, pensions trustees, construction professionals and others. He is regularly instructed in high profile professional liability disputes both on his own and with a team. Recent example cases are listed below.
Shail is co-editor (with David Halpern QC) of the “Accountants” chapter in Jackson & Powell on Professional Liability (7th ed.)
Featured Professional Negligence cases
“Shail Patel is an excellent senior junior. He is highly responsive, methodical and measured, with a keen eye for detail.” – Chambers & Partners
“Shail continues to provide very solid advice and has a wide range of expertise.” – Legal 500
“Shail is a fantastic barrister who provides consistently commercial advice.” “Shail’s written work is really of a very high quality.” “He’s very accessible, he doesn’t overdo the formality and he comes across well in front of clients.” – Chambers & Partners
“Shail is a very intelligent and thorough counsel with a real ability to give clients clear commercial advice. A pleasure to work with, responsive and creative in his approach.”– Legal 500
“Extremely good on his feet, cost effective and commercial. The go-to counsel for non-standard matters that need commercial and technical input.” – Legal 500
“Shail is commercial, highly efficient and responsive with superb attention to detail.” “He is an excellent tactician and thinks outside the box. His written work is excellent and his advocacy is very persuasive.” – Chambers & Partners
“He is excellent on his feet and very responsive.”– Legal 500
“Absolutely fantastic.” “Very user-friendly and great getting to grips with very complex matters.” – Chambers & Partners
“Very commercial, bright, personable and user-friendly.” “Calm, assured and confident.”– Chambers & Partners
Recognised as a leading insurance junior, Shail has experience of a wide range of insurance and reinsurance disputes including:-
Featured Insurance & Reinsurance cases
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:-
A number of members of Chambers have built up expertise as advocates and arbitrators in domestic and international arbitration and have appeared before a wide variety of tribunals and courts in jurisdictions around the world – including all the main arbitral centres: whether Singapore, Hong Kong, Dubai, Mumbai, Geneva, Stockholm, London, Paris or The Hague. This expertise is recognised in profiles of members in both Chambers & Partners and Legal 500.
The experience extends across the commercial spectrum, ranging from construction claims, insurance and reinsurance matters, energy and utilities, civil fraud, banking, commodities and international trade. Experience also includes acting in investment treaty arbitrations – whether under the auspices of ICSID or otherwise, both for or against investors and states.
Equally, we have experience of claims run under an extremely broad range of domestic and international institutions such as the AAA, HKIAC, LCIA, ICC, CIETAC, SIAC, ICSID or the UNCITRAL rules.
Shail’s experience includes insurance and commercial arbitrations in a domestic and international setting.
Shail frequently acts in chancery matters, predominantly for lenders in disputes arising out of mortgages and land transactions.
Featured Chancery cases
Following a ten-day trial in April 2023, judgment was handed down on…
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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.
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