High Court confirms shareholder’s right to inspect privileged documents and clarifies its scope
In this article, 4 New Square’s Shail Patel and Ed Grigg consider…
Legal 500
“Forensic, very clever, strategic and knowledgeable.”
Shail Patel KC is a commercial litigator with a particular focus on financial services, fraud, insurance, professional liability, funding and costs. He also advises in regulatory and disciplinary investigations and enforcement proceedings.
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:
Before taking Silk, Shail was shortlisted for Commercial Litigation Junior of the Year in the Legal 500 Bar Awards 2023, Financial Services and Insurance Junior of the Year in the Legal 500 Bar Awards 2022 and Professional Negligence Junior of the year in the Chambers & Partners Bar Awards 2020.
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. He is a leading specialist in securities actions under s.90 and s.90A of FSMA and has been instructed in over 10 separate actions including Tesco, RSA, G4S, Serco, Glencore, Standard Chartered Bank, 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 described in the directories as “a genius in the courtroom” and “incredibly smooth with the most difficult judges.” “An excellent tactician” who “leaves no stone unturned”, “thinks outside the box. His written work is excellent and his advocacy is very persuasive.” Shail is also praised for having “a great way of explaining challenging concepts to clients and assisting them to assess risk in a pragmatic and commercial way”, “responsive and collaborative, and takes initiative to improve our clients’ position.”
See the ‘Areas of Expertise’ below for more details of Shail’s experience and practice areas.
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“Leaves no stone unturned, an excellent trial lawyer.” – Legal 500
“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. Before taking Silk, Shail was nominated for the 2023 Commercial Litigation Junior of the Year Award by Legal 500. Shail’s practice includes:-
Recent highlights
“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 regularly defeats opponents of higher seniority, and 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 also a leading specialist in securities actions under s.90 and s.90A of FSMA and has deep expertise in capital markets related litigation.
Shail’s experience in this area includes:
Recent highlights
Shail is the editor of the ‘Regulation of Financial Services’ and ‘Financial Professionals’ chapters in Jackson & Powell on Professional Liability (9th ed.)
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
“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
“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
“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
“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:-
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
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
The Financial Times has published an article describing the increase in securities…
The Court of Appeal has handed down its first judgment in a…
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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