James Shaw

Areas of expertise

• Commercial dispute resolution

  Commercial dispute resolution

  James specialises in commercial disputes and has extensive experience of high-stakes and high-value litigation. His work often involves cases giving rise to allegations of fraud or dishonesty, particularly occurring in a corporate or institutional context.

  He is ranked as a ‘Rising Star’ by the Legal 500 in Commercial Litigation and is recommended in the following terms:

  “James is exceptionally bright and quick to grasp the heart of a problem, with an understanding of the practical and legal realities that a company may face in the course of litigation. His advocacy finds the perfect way to strongly assert his clients’ rights while retaining a balanced manner that is convincing to the court.”

  James’ recent work includes:

  • Mace Ltd v Riverstone Managing Agency & Ors[2023] EWHC 1207 (Comm). A £196m ‘all risks’ insurance coverage dispute and five-week trial in the Commercial Court.  James was led by Paul Reed KC and Ebony Alleyne in this complex claim which is of wider significance in relation to the meaning of damage, period of cover, aggregation, and insurable interest. Appeals heard by the Court of Appeal in October 2024 (judgment pending).
  • Successfully defending various counts of alleged contempt (with an award of indemnity costs) as sole counsel at a three-day contempt trial in November 2023.
  • Advising on complex issues of privilege in the context of a commercial/civil fraud dispute concerning assets of over $3 billion. Instructed with a silk from Fountain Court.
  • Acting in substantial Commercial Court litigation regarding the enforceability of a litigation funding agreement. Instructed with a silk from Littleton Chambers.
  • Acting as sole counsel in Commercial Court proceedings involving the application of foreign law.
  • Acting in substantial commercial litigation between franchisees and a large franchisor. Instructed with David Lewis KC and Emma Hynes.
  • Acting for the successful Claimant in a Commercial Court action to enforce a US judgment at common law. Obtained judgment for c.$82 million (USD) and stayed Defendant’s counterclaim on jurisdictional grounds. Initially instructed as sole counsel and subsequently with a silk from Fountain Court.
  • Advising the claimant in a complex commercial claim against a major bank arising out of the disposal of a property portfolio following a very substantial mortgage fraud. Advising with a silk from 3 Verulam Buildings.
  • Drafting pleadings as sole counsel in a shareholder dispute in the Commercial Court arising out of a management buyout.
  • Acting in an £80 million contractual dispute arising out of the liquidation of public sector contractor Carillion. Instructed with Paul Reed KC and Sri Carmichael (Wilberforce Chambers).
  • Assisting Charles Raffin in advising on prospective commercial arbitration proceedings and advising on the application of Rome I and Rome II.
  • Advising as junior counsel on anti-competition issues and restrictive covenants in a contractual dispute. Instructed with David Lewis KC.

  James also has a keen interest in disputes over digital assets and cryptocurrencies, as well as emerging AI technologies.

• Civil fraud

  Civil fraud

  James has excellent experience in civil fraud disputes and is frequently instructed both as sole counsel and with a leader on complex and high-value disputes in this area. James’ experience is supplemented by his experience of difficult and high-stakes commercial and company/shareholder litigation, for each of which he is recommended as a ‘Rising Star’ in the Legal 500, and he is therefore particularly sought after in cases where there are also company law or directors’ duties issues involved.

  James’ recent civil fraud work includes:

  • Acting for the claimant in a high-value shareholder and fraudulent misrepresentation/deceit claim arising in the context of the management of a large group of companies operating within the cryptocurrency industry. Instructed with a silk from 3 Verulam Buildings.
  • Advising on complex issues of privilege in the context of a commercial/civil fraud dispute concerning assets of over $3 billion. Instructed with a silk from Fountain Court.
  • Advising the claimant in a complex commercial claim against a major bank arising out of the disposal of a property portfolio following a very substantial mortgage fraud. Advising with a silk from 3 Verulam Buildings.
  • Acting as sole counsel for a defendant accused of deceit and unlawful means conspiracy (case settled after interlocutory success).
  • Successfully striking out pleaded allegations of fraud as sole counsel.
  • Acting for the petitioner in unfair prejudice proceedings alleging fraud against a co-shareholder and two directors of the company.
  • Acting as sole counsel in a trial alleging forgery of a signature and involving expert handwriting evidence.
  • Acting as sole and junior counsel in various company/shareholder disputes in which allegations of fraud and dishonesty are pursued.
  • Acting in a representative action concerning allegations of breaches of fiduciary duties, dishonest assistance, and knowing receipt against several defendants. Instructed with Tom Bell.
• Company & shareholder disputes

  Company & shareholder disputes

  James has excellent experience in company and shareholder disputes and is ranked as a ‘Rising Star’ by the Legal 500 in this area, in which he is described as “a fantastic junior who is very strong on complex points of company law”.

  James is currently instructed in a number of hard-fought and complex shareholder disputes and often appears unled against significantly more senior counsel, including silks.

  James’ recent work includes:

  • Acting as sole counsel in unfair prejudice proceedings relating to a quasi-partnership and encompassing allegations of exclusion, non-payment of dividends, breaches of directors duties, serious allegations of criminal wrongdoing etc. Most recently, James succeeded in a 3-day contempt trial with an order for indemnity costs before Mrs Justice Bacon DBE, and successfully resisted an attempted appeal to the Court of Appeal.
  • Appearing as sole counsel in unfair prejudice proceedings, successfully defeating an application for summary judgment on O’Neill v Phillips grounds before ICC Judge Mullen.
  • Appearing as sole counsel at an interlocutory phase in unfair prejudice proceedings relating to alleged exclusion from management, loss of substratum (etc.) against a silk and senior-junior counsel.
  • Acting for the claimant in declaratory relief and fraudulent misrepresentation/deceit claims. Instructed with a silk from 3 Verulam Buildings.
  • Acting for the petitioner in unfair prejudice proceedings alleging fraud against a co-shareholder and two directors of the company.
  • Acting in unfair prejudice proceedings over a joint venture company, concerning exclusion from management, non-payment of dividends, dissipation of assets, and breaches of director duties. Instructed with Paul Strelitz.
  • Acting in unfair prejudice proceedings concerning a family-owned business alleging breaches of director duties, non-payment of dividends, fraud, exclusion etc. Instructed with Paul Strelitz.
  • Acting as sole counsel in a shareholder dispute and threatened s.994 petition for the founder of a company against a minority investor.
  • Advising as sole counsel on legal professional privilege issues arising in offshore unfair prejudice proceedings.

  James also has experience making various applications under the Companies Act 2006, including for restoration to the register of companies and for rectification of the register of charges.

• Franchising

  Franchising

  James has significant experience of franchising disputes and is regularly instructed as sole counsel and with a leader in high-value and complex claims, acting for both franchisors and franchisees.

  James’ notable recent work includes:

  • Acting in substantial commercial litigation between franchisees and a large franchisor. Instructed with David Lewis KC and Emma Hynes.
  • Defending an application for specific disclosure for a defendant franchisor accused of fraudulent misrepresentations. Instructed as sole counsel.
  • Acting as sole counsel for a Claimant franchisor bringing claims against several defendants for breach of contract and unlawful means conspiracy.
  • Acting in unfair prejudice proceedings between the shareholders of a franchise company.
  • Assisting David Lewis KC 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.
  • Assisting Charles Raffin in advising on potential arbitration proceedings for misrepresentation and breach of contract, including the application of Rome II in determining the applicable substantive law.
• Insurance

  Insurance

  James has experience acting in relation to high-value and difficult insurance coverage cases across a range of policy types, including Construction All Risks (CAR) and professional indemnity policies. Likewise he is comfortable dealing with subrogation claims and other insurance-related issues.

  James is a contributor to Construction All Risks Insurance (Sweet & Maxwell), Construction Professional Indemnity Insurance (Sweet & Maxwell) and Insurance Broking Practice and the Law (Informa).

  James was led by Paul Reed KC and Ebony Alleyne in Mace Ltd v Riverstone Managing Agency & Ors [2023] EWHC 1207 (Comm), a £196m CAR insurance coverage dispute and five-week trial in the Commercial Court.  This was a complex claim and the judgment is of wider significance in relation to the meaning of damage in CAR policies, period of cover, aggregation, retained liability, and insurable interest. Appeals from the judgment were heard by the Court of Appeal in October 2024 (judgment pending).

  James has also advised with Paul Reed KC on insurance coverage in respect of a fire at commercial premises in Scotland, raising issues of contractual construction, ‘hot works’ clauses, and the application of s.11 Insurance Act 2015.

• Privilege

  Privilege

  James has substantial experience of advising on and litigating difficult and high-stakes issues arising in relation to privilege, including legal advice, litigation, and without prejudice privilege.

  James’ recent work includes:

  • Advising on complex issues of privilege in the context of a commercial/civil fraud dispute concerning assets of over $3 billion. Instructed with a silk from Fountain Court.
  • Advising as sole counsel on privilege issues arising in unfair prejudice proceedings, including in relation to the (so-called) rule in Sharp v Blank.
  • Assisting Rajiv Bhatt with an appeal to the EAT on points of legal professional privilege: Moving Brands Ltd v Heinl & Anor [2023] EAT 34.
  • Assisting and advising offshore counsel on (inter alia) issues of legal privilege, state secrecy laws, and disclosure obligations.
• Employment & executive disputes

  Employment & executive disputes

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

  James’ experience includes:

  • Acting in an offshore employment dispute with a silk from Essex Court Chambers.
  • Assisting Rajiv Bhatt with an appeal to the EAT on points of legal professional privilege: Moving Brands Ltd v Heinl & Anor [2023] EAT 34.
  • Assisting offshore counsel in the Sheyko litigation: e.g. see Sheyko v Consolidated Minerals Limited [2020] JRC061 and Sheyko v Consolidated Minerals Limited [2021] JRC267.
  • Appearing in the Employment Tribunal in contractual, whistleblowing, and dismissal claims.
• 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 able to advise on related insurance coverage and professional negligence issues.

  Recent Work

  • Acting in £100m+ CAR insurance claim concerning roof damage, including water damage, decay, degradation, wet and dry fungal rot and other similar forms of contamination. Led by Paul Reed KC and Ebony Alleyne.
  • Acting as sole counsel for two (of three) Defendants in High Court (TCC) proceedings concerning allegedly defective installation works and related property damage.
  • Acting as sole counsel for the Claimant bringing a claim for the allegedly defective construction of a building on residential premises and defending a related counterclaim.
  • 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 KC.
  • Acting as junior counsel in a c.£80 million expert determination arising out of the liquidation of public sector contractor Carillion. Led by Paul Reed KC and Sri Carmichael.
  • Advising on a novel point concerning enforcement of an adjudicator’s decision by a responding party to the adjudication.
  • Advising and drafting pleadings in respect of contractual and restitutionary claims against an Employer where the main contractor had become insolvent.

  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 and Construction Professional Indemnity Insurance.

  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 negligence

  Professional negligence

  James has good experience of advising on and litigating claims involving allegations of professional negligence or misconduct in this area. He has a particular interest in professional negligence disputes involving solicitors and other legal professionals.

  His experience includes:

  • 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.
  • Advising as sole counsel in ‘undisclosed commission’ case involving lettings agency and suppliers.
  • 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.
• International

  International

  International

  James’ has developed a practice with a strong international element and is comfortable dealing with issues which frequently arise in cross-border disputes. He is also routinely instructed to assist offshore counsel in litigation both as sole counsel and with a leader. He is likewise comfortable dealing with foreign law issues in English proceedings.

  James’ recent work includes:

  • Assisting offshore counsel in the Sheyko litigation: e.g. see Sheyko v Consolidated Minerals Limited [2020] JRC061 and Sheyko v Consolidated Minerals Limited [2021] JRC267.
  • Assisting offshore counsel in advising a major retail bank on allegations of inconsistent and unfair contract terms by a regulator in the context of a push payment fraud.
  • Acting (with a silk from Essex Court Chambers) in an offshore dispute.
  • Advising offshore counsel on privilege issues arising in unfair prejudice proceedings, including in relation to the (so-called) rule in Sharp v Blank.
  • Acting for the successful Claimant in a c.$79m Commercial Court claim to enforce a foreign judgment at common law, including successful applications for summary judgment on the claim and to stay the Defendant’s counterclaim on jurisdictional grounds. Initially instructed as sole counsel and subsequently with a silk from Fountain Court Chambers.
  • Advising as sole counsel on governing law and jurisdiction in the absence of a choice of law/courts agreement.
  • Assisting Charles Raffin in advising on prospective commercial arbitration proceedings, including on the application of Rome I and Rome II to prospective contractual and non-contractual claims.
• 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 High Court (Insolvency and Companies List) for this purpose.

    Recent Work

    • Acting as sole counsel for an alleged debtor applying to restrain the presentation of a winding up petition.
    • Acting as sole counsel for a major corporate in a dispute arising out of the alleged settlement of claims in a CVA and related applications such as security for costs.
    • Drafting High Court pleadings and related Insolvency Act application in related proceedings against former directors alleging (inter alia) misfeasance, transactions defrauding creditors, and transactions at an undervalue. Led by Phillip Patterson.
    • Assisting in the litigation of an offshore matter raising (inter alia) cash flow solvency and governance issues across a number of corporate entities 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.