Shail Patel KC

Call 2006 Silk 2024

Legal 500

“Forensic, very clever, strategic and knowledgeable.”

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Contact details

s.patel@4newsquare.com

VAT number: 928956270

ICO number: Z108081X

Clerk: Dennis Peck

d.peck@4newsquare.com

+442078222040

+447842 447 639

Shail Patel KC is a commercial litigator with a particular focus on financial services, fraud, insurance, professional liability and litigation funding.

Shail prides himself on being able to quickly identify the heart of a dispute and provide strategic and commercial advice leading to its resolution. He is an experienced and tenacious advocate who will go the extra mile for his clients.

Shail is ranked in the directories as a leading individual in the following practice areas:

Commercial litigation
Banking and finance
Financial services and fintech regulation
Group litigation
Insurance and reinsurance
Professional liability
Costs and litigation funding

His commercial caseload spans multi-jurisdictional disputes in court and arbitration proceedings. Alongside financial services disputes (including those arising from cryptocurrency, fraud and AI), it includes corporate and shareholder disputes and claims against officers, trustees and recipients of funds. He is widely recognised as a market leading specialist in securities actions under s.90 and s.90A of FSMA. He is also experienced at obtaining and defending applications for urgent injunctive relief, including freezing, evidence preservation and Norwich Pharmacal orders.

Shail is described in the directories as “a real heavyweight in the market. User-friendly, commercial, astute and a brilliant advocate with a winning mentality – he really has got it all”. Shail is also praised as “a genius in the courtroom” and “incredibly smooth with the most difficult judges.”

See the ‘Areas of Expertise’ below for more details of Shail’s experience and practice areas.

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Areas of expertise

“Shail is a real heavyweight in the market. User-friendly, commercial, astute and a brilliant advocate with a winning mentality – he really has got it all.” – Chambers & Partners and Chambers Global

“Leaves no stone unturned, an excellent trial lawyer.” “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

“Incredibly smooth with the most difficult judges.”– Legal 500

Recognised as a leading Silk for Commercial Litigation, Shail is regularly instructed by top tier City firms in complex matters encompassing all areas of domestic and international commercial dispute resolution. Shail’s practice includes:-

Securities and financial services litigation
Civil fraud and asset tracing
Company disputes, unfair prejudice proceedings, breach of warranty/covenant/SPA claims, partnership and shareholder disputes and claims against directors
Banking and financial services, especially claims involving a FSMA angle.
Claims with an international dimension giving rise to jurisdictional disputes, applications for service out, and choice of law problems
Injunctive relief including freezing injunctions and Norwich Pharmacal orders as well as evidence seizure and preservation orders

Recent highlights

Mercy v Standard Chartered Bank; £1.5bn s.90A and s.90 FSMA claims arising from breaches of anti-terrorism sanctions and allegations of bribery. Key decisions on the meaning of ‘reliance’ and ‘delay’ in s.90A ([2025] EWHC 698 (Ch), as well as Court of Appeal decisions on the pleading of fraud in securities litigation ([2024] EWCA Civ 674) and reliance on documents subject to US banking secrecy ([2025] EWCA Civ 1518).
Various Investors v G4S; An investment fraud claim under s.90 of FSMA valued at c£100m brought by a large group of institutional investors against the global security services firm. Important interlocutory decisions on standing to sue ([2021] EWHC 524 (Ch)), case management in s.90A group cases ([2022] EWHC 1742 (Ch)), the meaning of PDMR under FSMA ([2022] EWHC 1081 (Ch)) and the application of the shareholder-privilege exception ([2023] EWHC 2863).
Al Jaber v Al Ibrahim ([2023] EWHC 2831 (Comm)) – 4 week trial in a $30m case involving serious allegations of fraud and dishonesty, as well as applicable law and Sharia Law issues on contractual law and limitation.
A Company v Secretariat [2021] EWCA Civ; acting for the Claimant in obtaining and retaining a novel without notice injunction against expert witnesses in the High Court and retaining it in the Court of Appeal. The proceedings arose in the context of a dispute over a multibillion dollar petrochemical plant in the Middle-East.
Allianz & Others v RSA Insurance; acting for a group of 60 institutional investors in a claim under s.90A against RSA. The case was listed as one of The Lawyer’s Top 20 Cases in 2022. This is now the leading authority on the application of s.32 of the Limitation Act to s.90A cases ([2021] EWHC 2950 (Ch)).
Defending a regulatory hosting platform from a £25m deceit claim brought by Thurrock Borough Council arising from failed investments in traded, asset-backed bonds.
Representing a private wealth management firm in a £70m dispute with the former owners of a well known rugby club.
Acting for a high growth investment fund in a £45m claim against an AIM listed consumer goods company arising from alleged misrepresentations in its AIM admission document.
Acting for a well-known high-tech consumer goods manufacturer in a €6.5m contractual termination dispute in respect of German manufactured components for its products.
Acting for a high-street fashion label in a $5m dispute relating to good shipped from Mauritius to the United States.
Advising an overseas ultrafast grocery delivery company on a multi-million pound rebate dispute with a UK supplier.
Acting for a party to a solar power development joint venture in a contractual and s.994 CA 2006 dispute.
Acting for a group of institutional investors in $450m prospectus claims against Glencore arising out of Glencore’s corrupt practices in multiple jurisdictions.

“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 oozes class. He consistently demonstrates excellence in everything he does. His written work is textbook in its power and persuasion, and his advocacy style is a joy to watch – he…knows how to win over the most sceptical of judges. Working with Shail is always a real treat.” – Legal 500

A substantial part of Shail’s case load involves litigation with a banking and financial services, and financial services regulation aspect. He is recognised as a Leading Silk in these areas.

He is a leading specialist in securities actions under s.90 and s.90A of FSMA and other capital markets related litigation.

Shail’s experience in this area includes:

Shareholder claims under s.90 and s.90A of FSMA 2000, including Tesco, RSA, G4S, Serco, Glencore, Standard Chartered, Entain and other confidential matters.
Acting in a number of the most important cases involving investment schemes in recent years, including Innovator, Keydata, Connaught, Africa Land, Ingenious, Scion, Eclipse, and others.
Acting for regulated firms and individuals in enforcement actions and litigation brought by the FCA
Mis-selling claims for and against advisers, product providers and promoters, including in respect of complex structured products and Collective Investment Schemes.
Advising on perimeter issues in various sectors, including Collective Investment Schemes, regulated insurance business and derivatives trades.

Recent highlights

Various Investors v G4S; An investment fraud claim under s.90 of FSMA valued at c£100m brought by a large group of institutional investors against the global security services firm. Important interlocutory decisions on standing to sue ([2021] EWHC 524 (Ch)), case management in s.90A group cases ([2022] EWHC 1742 (Ch)), the meaning of PDMR under FSMA ([2022] EWHC 1081 (Ch)) and the application of the shareholder-privilege exception ([2023] EWHC 2863 (Ch)).
Mercy v Standard Chartered Bank; £1.5bn s.90A and s.90 FSMA claims arising from breaches of anti-terrorism sanctions and allegations of bribery. Important interlocutory Court of Appeal decision on the pleading of fraud in securities litigation ([2024] EWCA Civ 674).
FCA v Steel and Foster; acting for a financial adviser in restitution proceedings brought under s.382 FSMA by the Financial Conduct Authority in the High Court, alleging knowing concern in a lack of integrity and regulatory breaches by the firm
Allianz & Others v RSA Insurance; acting for a group of 60 institutional investors in a claim under s.90A against RSA. The case was listed as one of The Lawyer’s Top 20 Cases in 2022. This is now the leading authority on the application of s.32 of the Limitation Act to s.90A cases ([2021] EWHC 2950 (Ch)).
Defending a regulatory hosting platform from a £25m deceit claim brought by Thurrock Borough Council arising from a failed investment in traded asset-backed bonds.
Representing a private wealth management firm in a £70m dispute with the former owners of a well-known rugby club.
Acting for a high growth investment fund in a £45m claim against an AIM listed consumer goods firm arising from alleged misrepresentations in its AIM admission document.

Much of Shail’s caseload includes a fraud element. He is familiar with the factual and legal complexities around fraud claims, including statutory causes of action, deceit, conspiracy, dishonest assistance and related claims. He also has significant experience of pursuing facilitators and banks in APP fraud cases.

Recent highlights

All of Shail’s securities litigation work has fraud at its heart; see summaries for G4S, RSA, Standard Chartered and other cases under ‘commercial litigation’.
Appearing in the Court of Appeal in Mercy v Standard Chartered [2024] EWCA Civ. 674, now the leading authority on pleading fraud allegations in ‘information imbalance’ cases.
Al Jaber v Al Ibrahim ([2023] EWHC 2831 (Comm)) – 4 week trial in a $30m case involving serious allegations of fraud and dishonesty.
Defending a regulatory hosting platform from a £25m deceit claim brought by Thurrock Borough Council arising from a failed investment in traded, asset-backed bonds.
Acting for a high growth investment fund in a £45m claim against an AIM listed consumer goods firm arising from alleged fraudulent misrepresentations in its AIM admission document.
Obtaining and continuing what is believed to be the one of the longest running post-judgment freezing injunctions granted, between 2013 and 2021, appearing on 9 separate occasions over that period.
Obtaining a freezing injunction against persons unknown and Norwich Pharmacal relief arising from an APP fraud targeting a property purchase transaction.

“Shail is absolutely outstanding.” – Chambers & Partners

“Shail is an excellent barrister. He is a delight to work with – charming, sensitive to client needs and dynamic.” – Chambers & Partners

“Excellent oral advocacy, great attention to detail, strong on the numbers and the case law” – Legal 500

Shail’s group litigation experience spans multiple commercial and legal sectors, acting for claimants and defendants as well as other stakeholders such as funders and ATE insurers. He is familiar with the mechanics of assembling and running large group claims, the funding structures employed, as well as defensive strategies.

Recent highlights

Group actions in securities claims – see under ‘commercial litigation’ above
VW Emissions litigation (first GLO) – acting for a claimant group on costs and funding matters
VW Emissions litigation (follow on claims) – acting as liability counsel for a large group of claimants in this high profile case
Mariana Dam litigation – advising commercial stakeholders in one of the biggest mass tort claims before the English Courts
Pan NOx litigation – advising commercial stakeholders in the second wave of emissions litigation
Acting in the first investor group action in the Courts of Jersey, bringing multimillion pound claims against the structures of a non-domicile tax scheme
Defending a financial advisory firm in a £20m group claim arising from investments in failed tax schemes
Defending enquiry agents in a group action relating to a housing development scheme

“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

Recognised as a Leading Costs Silk, Shail appears in the SCCO, High Court, CAT and appellate courts in costs and funding disputes. He also advises on the interpretation of costs rules, funding agreements and ATE insurance.

Shail’s commercial and group litigation practices complement his costs work. He has been instructed on costs aspects of major pieces of High Court litigation and group actions.

Recent highlights

FX Cartel litigation (Evans v Barclays & Others) – appearing in the CAT ([2022] CAT 16) and Court of Appeal ([2023] EWCA Civ. 876) as lead funding counsel in one of the jurisdictions first ever contested carriage disputes
Hunter v Amazon; advising on costs and funding in the context of collective proceedings in the CAT
Mariana Dam litigation; advising commercial stakeholders on issues around disclosure of funding documents and security for costs in the context of the largest ever mass tort claim before the English courts
Privatbank v Kolomoisky; advising a defendant on costs issues in the context of heavyweight commercial litigation
Regeneron v Kymab and Novo Nordisk; advising and making submissions on costs issues in long-running pharmaceutical patent litigation in the Court of Appeal and Supreme Court

“On complex, heavy disputes, Shail grasps vast amounts of information very quickly and really gets to the crux of a claim. He is astoundingly clever and a real tactician.” – Chambers & Partners

“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.”– 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

Shail acts for claimants and defendants in claims involving financial services professionals, solicitors, barristers, surveyors/valuers, accountants, insurance brokers, pensions trustees, construction professionals and others. He is regularly instructed in major professional liability disputes.

Shail has a particular specialism in claims involving financial services and investments, as well as tax schemes. He is also recognised as a leading specialist in claims arising from APP fraud against solicitors, banks and other professionals, and is frequently approached by the victims of such fraud for guidance and advice.

Recent highlights

Novitas v AmTrust v Pure Legal and HSS: complex multiparty commercial court proceedings worth c. £60m arise from the collapse of various high volume litigation scheme.
Acting in the first investor group action in the Courts of Jersey, bringing multimillion pound claims against the structures of a non-domicile tax scheme.
Representing a private wealth management firm in a £70m dispute with the former owners of a well-known rugby club.
Acting for claimants in claims against insolvency professionals and accountants arising from their roles in a business restructuring scheme.
Acting for a major regional solicitor’s firm in a £5m claim relating to the firm’s advice relating to the obtaining of authorisation under FSMA 2000.
Acting for a tax barrister in a £6m claim by an individual alleging negligence advice as to the structuring of offshore trusts and tax mitigation strategies.
Peter Breitenbach & Ors v Canaccord Genuity: defending a c.£20m tax and investment negligence claim brought against Canada’s biggest wealth management company.

“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

“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

Recognised as a leading insurance silk, Shail has experience of a wide range of insurance and reinsurance disputes including:-

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.
Pursuit of fraudulent insurance claimants
Subrogated recovery claims for property damage, product liability and financial loss/fraud.

His insurance work includes a heavy element of fraud as well as traditional coverage disputes. He is also increasingly instructed in commercial disputes involving insurance companies, and underwriting and claims arrangements.

Recent highlights

Acting for D&O insurers in complex claims arising from the collapse of an offshore investment fund.
FCA v Arch & Others [2020] EWHC 2448 (Comm) (Divisional Court), [2021] UKSC 1; the test case brought by the FCA to decide difficult issues of interpretation of insurance policy responses to the COVID-19 pandemic. Shail continues to advise widely on the consequence of the Supreme Court decision, business interruption and COVID-19 issues.
Acting for a policy holder engineering firm and property owner following a fire at a £20m warehouse.
Acting for insurers in a notification dispute in relation to a £6m public liability claim.
Acting for insurers in a TPRAI 2010 Act claim relating to the supply of fibre broadband infrastructure.
Acting for insurers in D&O claims arising from the use of employee benefit trust schemes by the principals of a technology finance firm.
Advising financial crime insurers on coverage relating to a theft of oilfield assets in Texas.
Acting for insurers in a fire claim brought by an antiques business, defended on grounds of material non-disclosure regarding prior financial circumstances, shadow directorship, and moral hazard.

Shail acts in international commercial and insurance arbitrations and has appeared as counsel in arbitrations in a number of different jurisdictional seats. He is also familiar with court proceedings and applications arising from arbitrations.

Recent highlights

Representing the defendant in an ICC arbitration arising from the construction of a high tech glass manufacturing facility in Kazakhstan.
Acting for the owner of a flagship luxury hotel in ICC arbitration proceedings against the hotel chain.
A Company v Secretariat [2021] EWCA Civ 6; acting for the Claimant in the High Court and Court of Appeal, obtaining and retaining a novel injunction against expert witnesses instructed in linked arbitrations concerning a multibillion dollar petrochemical plant in the Middle-East.
Sitting as arbitrator in a coverage dispute between two sets of professional liability insurers concerning the extent of their respective liability for a settled claim.
Appearing as counsel in a 5 day arbitration between the owners and lessors of a landfill site relating to historic royalties; and successfully defending the application under s.69 AA 1996 for leave to appeal in the High Court.

Contact details

s.patel@4newsquare.com

VAT number: 928956270

ICO number: Z108081X

Clerk: Dennis Peck

d.peck@4newsquare.com

+442078222040

+447842 447 639

Accreditations

Legal 500
“Forensic, very clever, strategic and knowledgeable.”

Chambers & Partners
“He is very forensic and very savvy. Shail can cut through things to find out where the key issues are. He is also good with clients.”

Chambers & Partners
“Shail is very good, he really understand clients' commercial needs and is very focused in achieving those. He is very skilful.”

Chambers & Partners
“Shail is very hard-working; a pleasure to deal with. He must be one of the busiest counsel on securities litigation cases in London and he is absolutely at the cutting edge as the case law develops.”

Legal 500
“Shail oozes class. He consistently demonstrates excellence in everything he does. His written work is textbook in its power and persuasion, and his advocacy style is a joy to watch - he regularly defeats opponents of higher seniority, and knows how to win over the most skeptical of judges. Working with Shail is always a real treat.”

Legal 500
“He is very incisive and knowledgeable, thinks of creative ways to address issues, is very client focused, commercial and has an excellent reassuring manner with clients. His advocacy is top notch.”

Chambers & Partners
“Shail is very good on the technical stuff, both in insurance and professional negligence. He's also easy and pleasant to work with, which is almost as important as the technical skill.”

Chambers & Partners
“Shail is an excellent barrister. He is a delight to work with - charming, sensitive to client needs and dynamic.”

Chambers & Partners
“Shail is the kind of counsel who you can be in choppy waters with and brings calm seas. He coordinates everything to get to the key problems and figures out how to solve them.”

Chambers & Partners
“Shail is a real heavyweight in the market. User-friendly, commercial, astute and a brilliant advocate with a winning mentality – he really has got it all.”

Legal 500
“An innovative thinker, who brings a fresh insight to any case.”

Legal 500
“Exceptionally bright, very good on the detail, commercial and always contactable.”

Chambers & Partners
“Very strong academically and assists greatly with the preparation of evidence in a short time frame.”

Chambers & Partners – UK

Professional Negligence
Insurance
Commercial Dispute Resolution
Group Litigation

Chambers & Partners Global Guide

Dispute Resolution: Commercial

Legal 500

Insurance and Reinsurance
Professional Negligence
Banking and Finance
Group Litigation
Commercial Litigation
Costs and Litigation Funding
Financial Services and Fintech Regulation

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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Shail Patel KC and William Harman succeed in Court of Appeal decision on withholding disclosure

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Closing the door on the “shareholder rule”: key takeaways from Jardine Strategic Ltd v Oasis Investments

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Shail Patel KC

Contact details

Clerk: Dennis Peck

Privacy Policy

Areas of expertise

Commercial Dispute Resolution

Banking & Financial Services

Civil Fraud, Asset Recovery & Injunctive Relief

Group Litigation

Costs & funding

Professional Liability

Insurance & Reinsurance

International Arbitration

Contact details

Clerk: Dennis Peck

Accreditations

Directory Rankings

Chambers & Partners – UK

Chambers & Partners Global Guide

Legal 500

Qualifications & Memberships

Related Resources

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