James Shaw

Areas of expertise

• Commercial dispute resolution
  • Commercial litigation

    Commercial litigation

    James specialises in commercial disputes and has extensive experience of high-stakes and high-value litigation. He has a particular interest in corporate disputes and claims involving allegations of fraud, dishonesty, and other executive and director level and fiduciary wrongdoing.

    Recent Work

    • Acting as junior counsel in High Court (Companies Court) unfair prejudice proceedings under s.994 Companies Act 2006. Led by Paul Strelitz.
    • Acting in an £80 million contractual dispute arising out of the liquidation of public sector contractor Carillion. Led by Paul Reed QC and Sri Carmichael.
    • Advising as junior counsel on anti-competition issues and restrictive covenants in a contractual dispute. Led by David Lewis QC.
    • Acting as sole counsel in High Court (Commercial Court) proceedings regarding the enforcement of a substantial foreign judgment at common law.
    • Drafting pleadings as sole counsel in a High Court (Commercial Court) shareholder dispute arising out of a management buyout.
    • Advising a PLC on various claims in connection with the enforcement of disputed loans and potential ‘shadow director’ claims.

    James also worked on a range of complex and high-value commercial matters prior to joining Chambers, including commercial fraud litigation, oil & gas arbitrations, regulatory investigations, and commercial chancery disputes.

  • Civil fraud & asset tracing

    Civil fraud & asset tracing

    James has excellent experience of bringing and defending claims involving allegations of fraud or dishonesty, including prior to joining Chambers.

    Recent Work

    • Acting at trial as sole counsel in a claim involving fraud and forgery issues in the context of a contractual claim for specific performance, declarations, and damages, including experience dealing with expert handwriting evidence.
    • Drafting witness evidence in response to application for worldwide freezing orders and other relief in the High Court (Queen’s Bench Division).
    • Assisting David Lewis QC in injunctive proceedings raising allegations of transactions at undervalue.
    • Acting as junior counsel in High Court (London Circuit Commercial Court) in proceedings arising out of a Share Purchase Agreement and concerning allegations of dishonesty and other wrongdoing.
    • Advising as sole counsel on the ‘asset stripping’ torts.

    Prior to joining Chambers, James gained substantial civil fraud experience at a silver circle litigation firm:

    • Assisting in litigating civil fraud claims arising out of a €100m fraud perpetrated against the investment vehicle of an UHNW individual: Group Seven & Anor v Nasir & Ors.
    • Advising on allegedly fraudulent investment schemes similar to those exposed in the above litigation.
    • Assisting with defending a civil fraud claim worth over $70m arising out of the failed sale of an oil rig and raising conflicts of law issues, the illegality defence in the context of breach of EU and US sanctions, and abuse of process on grounds of political persecution
    • Assisting in the successful defence of professional disciplinary proceedings involving allegations of dishonesty and financial manipulation.
  • Banking & finance

    Banking & finance

    James is developing his practice in banking and finance litigation and has good experience of the issues which arise in this area. He has a particular interest in claims arising out of the trading and ownership of cryptocurrencies.

    Recent Work

    • Acting for Defendant banks in PPI mis-selling claims in various County Court proceedings.
    • Acting for a well-known currency exchange platform in litigation concerning contractual termination fees.
    • Acting for Claimant in proceedings concerning the enforceability of a secured loan.
    • Advising in respect of chattel mortgages in respect of goods held in foreign jurisdictions.

    James also accepts litigation and advisory instructions concerning secured lending arrangements, including appearing in matters regarding the enforcement of legal mortgages over residential property.

  • Companies, joint ventures & partnerships

    Companies, joint ventures & partnerships

    James has excellent experience in this area and has a particular interest in boardroom disputes.

    His recent experience includes:

    • Acting as junior counsel in unfair prejudice proceedings under s.994 Companies Act 2006 arising out a joint venture. Led by Paul Strelitz.
    • Assisting David Lewis QC in advising on High Court (Chancery Division) litigation concerning, inter alia, the alleged wrongful appropriation of shares and breach of statutory pre-emption.
    • Drafting pleadings as sole counsel in a High Court (Commercial Court) shareholder dispute arising out of a management buyout (value c.£2.5m).
    • Acting as junior counsel in unfair prejudice proceedings under s.994 Companies Act 2006 arising out a joint venture (value confidential). Led by Paul Strelitz.
    • Advising in an ongoing partnership dispute concerning alleged breaches of a partnership agreement, including non-payment of profits and breaches of restrictive covenants.
    • Acting as sole counsel in Chancery Division proceedings concerning the alleged ultra vires exercise of powers by a company and its directors.
    • Acting for the Claimant in proceedings concerning the alleged wrongful retention of shares, raising contractual, trusts, and restitutionary claims.
    • Advising and acting in a number of proceedings involving allegations of breaches of directors’ duties.
    • Defending an application for pre-action disclosure in respect of imminent unfair prejudice proceedings under s.994 Companies Act 2006.
    • Making various applications under the Companies Act 2006, including for restoration to the register of companies and for rectification of the register of charges.

    James’ experience in contentious insolvency matters (including director misfeasance issues) supplements this area of his practice well.

  • Franchising

    Franchising

    James regularly acts and advises in franchising disputes, which experience is complemented by his significant commercial litigation and advisory experience.

    His recent work in this area includes assisting David Lewis QC in advising on anti-competition arguments concerning the enforceability of post-termination restrictive covenants and acting as sole counsel in a range of franchising disputes concerning (inter alia) arguments on wrongful termination, misrepresentation, force majeure and frustration, and conspiracy.

  • Employment & executive disputes

    Employment & executive disputes

    James accepts instructions relating to employment and executive disputes and has a particular interest in cases involving breaches of restrictive covenants, misuse of confidential information, and executive wrongdoing.

    James has strong experience of disputes involving high-level employees and CEOs. He is currently instructed to assist in a substantial offshore dispute involving the alleged constructive dismissal of the CEO of an international company following its acquisition by foreign investors, including considering issues of legal privilege, novel issues around state secrecy laws, and disclosure principles in the context of electronic data collection.

    His other experience includes:

    • Assisting as junior counsel in post-acquisition High Court proceedings concerning alleged executive-level wrongdoing following the purchase of a company, involving allegations of constructive and wrongful dismissal.
    • Appearing in the Employment Tribunal in contractual, whistleblowing, and dismissal claims.
    • During pupillage, drafting an Opinion on the enforceability of various anti-competitive restrictive covenants within the partnership agreement of a major LLP.
• Insolvency & restructuring
  • Corporate insolvency

    Corporate insolvency

    James has excellent experience of acting and advising on a wide range of corporate insolvency matters, including claims concerning the sale of company assets at an undervalue, directors’ misfeasance, antecedent transactions, and obtaining orders for sale. He also regularly appears in contested and uncontested winding up petitions.

    James regularly appears in the Insolvency and Companies Court for this purpose. He is also currently instructed to assist in a claim worth over £14m considering cash flow insolvency, directors’ duties, and corporate governance issues in the Channel Islands and internationally.

  • Personal insolvency

    Personal insolvency

    James has a wide experience of personal insolvency matters, including advising on and appearing in contested bankruptcy petitions, applications to set aside statutory demands, obtaining orders for sale and validation orders, applications to annul bankruptcy orders, and resisting urgent applications for stays of execution.

  • Directors’ disqualification

    Directors’ disqualification

    James accepts instructions from all interested parties, including directors, office-holders, and, where appropriate, concerned creditors regarding disqualification proceedings.

• Construction & engineering

  Construction & engineering

  James has excellent experience across a range of construction disputes. He is able to assist in all manner of construction litigation, adjudications (including adjudication enforcement), and arbitral disputes. He is similarly comfortable advising on related insurance or professional negligence issues.

  In addition, James has a growing practice in matters where construction disputes and insolvency processes intersect and is a contributor to both Construction Insolvency: Security, Risk and Renewal in Construction Contracts (7^th edition) and Construction Professional Indemnity Insurance.

  Recent Work

  • Acting as junior counsel in a c.£80 million contractual dispute arising out of the liquidation of public sector contractor Carillion. Led by Paul Reed QC.
  • Advising on insurance coverage in respect of a fire at commercial premises in Scotland, raising issues of contractual construction and the application of s.11 Insurance Act 2015. Led by Paul Reed QC.
  • Advising on a novel point concerning enforcement of an adjudicator’s decision by a responding party to the adjudication.
  • Acting for the main defendant in TCC proceedings concerning property damage following works to an address in London.
  • Advising and acting for the Claimant in respect of contractual and restitutionary claims against an Employer where the main contractor had become insolvent.
  • Acting for a main contractor in restraining the presentation of a winding up petition by a sub-contractor seeking to exert pressure for payment on the grounds that (i) the sums were genuinely disputed and (ii) no crystallised debt had arisen under the relevant payment provisions.
  • Advising a director of a construction company in respect of personal guarantees, including as to the scope and application of the rule in Holmes v Brunskill.

  James is also regularly instructed on professional negligence claims against a range of construction and property professionals. Further details can be found within the Professional Liability tab on his profile.

• Professional liability
  • Property & construction professionals

    Property & construction professionals

    James has excellent experience of claims involving allegations of professional negligence or misconduct and is regularly instructed as sole counsel in such disputes.

    Recent Work

    • Acting and advising (including at mediation) as sole counsel in a dispute concerning allegedly defective services by a firm of surveyors overseeing a large project at residential premises in London.
    • Acting as sole counsel in defending a negligence action against a property management company following multiple unsuccessful attempts to evict tenants.
  • Legal professionals

    Legal professionals

    James has excellent experience of claims involving allegations of professional negligence or misconduct and is regularly instructed as sole counsel in such disputes. He has a particular interest in professional negligence disputes involving solicitors and other legal professionals.

    Recent Work

    • Appearing in a number of claims against conveyancing solicitors relating to the failure to obtain relief from Stamp Duty Land Tax in residential property transactions, raising (inter alia) issues concerning the construction of tax statutes and ‘loss of chance’ principles.
    • Drafting pleadings against a former consultant solicitor alleging negligence and breaches of contract.
    • Acting for a defendant seeking a wasted costs order against a claimant’s instructed solicitors.
    • Acting for solicitors seeking payment of unpaid fees where allegations of poor service and negligence are made by former clients.
• Costs litigation

  Costs litigation

  James’ core specialisms regularly throw up costs issues and he has advised on and acted in proceedings raising a wide range of costs issues.

  Recent Work

  • Drafting pleadings alleging the unenforceability of a (alleged) ‘Defendant DBA’, applying the Courts and Legal Services Act 1990 and the Damages-Based Agreements Regulations 2013.
  • Drafting a security for costs application in respect of a substantial counterclaim.
  • Acting in an application for wasted costs against a claimant’s solicitors following late discontinuance of a claim.
  • Assisted PJ Kirby QC in the Trucks Cartel Litigation (Road Haulage Association Ltd & Ors v MAN SE & Ors [2019] CAT 26), in which the Competition Appeal Tribunal decided a novel point of law with industry-wide consequences for litigation funders.
• International

  International

  James has worked on a range of international litigation across a number of jurisdictions in Europe & the Channel Islands, the USA, Middle East, China and West Africa. He is developing a practice with a strong international element and is comfortable dealing with issues which frequently arise in cross-border disputes.

  Recent Work

  • Acting as sole counsel in a claim worth c.$79m seeking to enforce a foreign judgment at common law.
  • Assisting (unled) in a substantial claim in the Channel Islands concerning corporate activity in multiple European, Asian and West African jurisdictions, advising on a range of cross-border disclosure, privilege, and jurisdictional issues.