James Shaw

Areas of expertise

• Commercial dispute resolution
  • Commercial litigation & arbitration

    Commercial litigation & arbitration

    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.

    Recent Work

    • 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 David Quest KC of 3 Verulam Buildings.
    • Acting as junior counsel in High Court (Companies Court) unfair prejudice proceedings under s.994 Companies Act 2006. Led by Paul Strelitz.
    • Acting in a £100m+ insurance dispute in the Commercial Court (led by Paul Reed KC and Ebony Alleyne). Trial due in early 2023.
    • Acting for the successful Claimant in a Commercial Court claim 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 led by Simon Atrill of Fountain Court Chambers.
    • Drafting pleadings as sole counsel in a shareholder dispute in the Commercial Court arising out of a management buyout.
    • Acting as sole counsel for a majority shareholder in a dispute with a minority shareholder raising contractual, restitutionary, and unfair prejudice issues.
    • Advising as sole counsel in highly sensitive contractual dispute between former friends.
    • Acting as sole counsel in Chancery Division proceedings concerning alleged ultra vires exercises of powers by a company and its directors in connection with the alleged wrongful appropriation of shares/takeover of a company.
    • Acting in unfair prejudice and related injunctive relief proceedings involving allegations of quasi partnership and financial wrongdoing (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 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. Led by David Lewis KC.

    James also has a keen interest in litigation and arbitral disputes over digital assets and cryptocurrencies, as well as emerging AI technologies. He is a member of CFAAR (the Crypto Fraud and Asset Recovery network).

  • 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.
    • Acting as sole counsel in proceedings concerning alleged fraudulent misrepresentation and a counterclaim for unlawful means conspiracy.
    • Acting as sole counsel in an application to strike out pleaded allegations of fraud.
    • Drafting witness evidence in response to application for worldwide freezing orders and other relief in the High Court (King’s Bench Division).
    • Assisting with an appeal to the Court of Appeal in relation to constructive trusts over diverted assets.
    • Assisting David Lewis KC in injunctive proceedings concerning the alleged improper sale of company assets to alleged connected persons.

    James regularly speaks and writes on relevant issues in this area and is a member of CFAAR (the Crypto Fraud and Asset Recovery network) concerned with developments in dealing with fraud and asset recovery claims in connection with digital assets.

    Prior to joining Chambers, James gained substantial civil fraud experience at a leading 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 has good experience of the issues which arise in this area. He has a particular interest in ‘Quincecare’ duty claims as well as disputes arising out of the trading and ownership of cryptocurrencies and other digital assets.

    Recent Work

    • 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 David Quest KC of 3 Verulam Buildings.
    • Advising as sole counsel in respect of chattel mortgages in respect of high value goods held in foreign jurisdictions.
    • Acting for the Claimant in proceedings concerning the enforceability of a secured loan.
    • Acting for a well-known currency exchange platform in litigation concerning contractual termination fees.
    • Acting for various Defendant banks in PPI disputes.

     

  • Companies, joint ventures & partnerships

    Companies, joint ventures & partnerships

    James has excellent experience in this area, often appearing unled against significantly more senior counsel.

    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 in front of Mrs Justice Bacon DBE and successfully resisted an attempted appeal to the Court of Appeal.
    • Appearing as sole counsel in unfair prejudice proceedings relating to alleged exclusion from management, loss of substratum, etc. against leading and senior junior counsel.
    • Acting as junior counsel 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.
    • Acting as junior counsel in unfair prejudice proceedings concerning a family-owned business alleging breaches of director duties, non-payment of dividends, fraud, exclusion etc.
    • 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 unfair prejudice proceedings in Jersey.
    • Drafting Particulars of Claim as sole counsel in a shareholder dispute about a failed management buyout.
    • Acting as sole counsel in Chancery Division proceedings concerning the alleged ultra vires exercise of powers by a company and its directors.

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

    Recent Work

    • Acting for a Claimant franchisor bringing claims against several defendants for breach of contract and unlawful means conspiracy.
    • 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.
  • 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 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.

• 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 liability
  • Property & construction professionals

    Property & construction professionals

    James has good experience of advising on and litigating claims involving allegations of professional negligence or misconduct in this area.

    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.
  • Legal professionals

    Legal professionals

    James has excellent experience of claims involving allegations of professional negligence or misconduct. He has a particular interest in professional negligence disputes involving solicitors and other legal professionals.

    His experience includes:

    • 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

  James’ commercial work is often international in nature. He has developed a practice with a strong international element and is comfortable dealing with issues which frequently arise in cross-border disputes.

  Recent Work

  • 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 led by Simon Atrill of 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.
  • 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.