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 both as sole counsel and in a counsel team. He has appeared unled against Silks on several occasions in the Commercial Court, London Circuit Commercial Court, and Chancery Division.

  He is recognised as a ‘Leading Junior’ by the Legal 500 in Commercial Litigation and ‘Up and Coming’ by Chambers UK in Commercial Dispute Resolution. He is also recommended for Commercial Disputes in the English Bar Offshore category (Legal 500).

  • “Exceptionally bright, really quick to grasp the commercial and legal nuances of the matter, and a barrister who is strong on case strategy. He is calm in court but will push his points hard” – Chambers UK (2026), Commercial Dispute Resolution.
  • “He is very intelligent and quickly understands the nuances of complex commercial disputes.” – Legal 500 (2026), Commercial Litigation.
  • “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.” – Legal 500 (2025), Commercial Litigation.

  James’ recent work in this area includes:

  • APK Communications & 61 Ors v Vodafone Limited. James acted for the Claimants, led by David Lewis KC, in these substantial Commercial Court proceedings issued by 62 claimants in relation to the Commercial Agents Regulations 1993, exercises of contractual discretions, alleged breaches of good faith duties, and challenges to alleged contractual penalties. At the CMC, the Court approved a split trial with a direction for claimant-sampling: APK Communications & Ors v Vodafone Limited [2026] EWHC 811 (Comm).
  • Borelli & Ors v Otaibi & Ors: James acts with Nigel Jones KC, Sarah McCann KC, Emily Betts, and Thomas Mitty for some of the Defendants in a substantial civil fraud claim proceeding in the Commercial Court and involving 51 parties, brought by the liquidators of four funds against their investment managers, investment advisors, directors, and other parties, related to the funds’ investment in complex financial structured products, real property, and art.
  • Onecom Group & Ors v Eve Connect & Ors: Acting for Eve Connect and Mr Palmer in respect of a number of disputes arising out of an SPA for the sale of a telecom business between Mr Palmer and Onecom Group involving claims for (inter alia) hacking, unlawful means conspiracy, and breach of confidence. In June 2026, James appeared unled at an application hearing against a Silk.
  • Real Assets (RA) Global Opportunity Fund Limited (in liquidation) v Floreat Real Estate Limited [2026] EWHC 576 (Comm). James appeared at trial for the Defendant to this Part 8 claim turning on the proper interpretation of a Joint Venture Agreement. James led Thomas Mitty and appeared against a Silk.
  • Nova Leipzig Sarl v Gravity Fitness Ltd: Counsel for the Claimant in a Commercial Court claim governed by German law. James was initially instructed as sole counsel (against a Silk) and later led by Stephen Robins KC of South Square. Successfully defeated the Defendant’s forum non conveniens jurisdiction challenge in May 2025: Nova Leipzig Sarl v Gravity Fitness Ltd [2025] EWHC 1262 (Comm).
  • Sole counsel in an action seeking enforcement at common law of two judgments of the courts of Saudi Arabia (KSA) worth c.£20 million and bringing further claims, in which the Defendant alleges that foreign judgments were procured by fraud.
  • Sky UK Ltd and Mace Ltd v Riverstone Managing Agency Limited & Ors [2024] EWCA Civ 1567 : James acted for one of the successful appellants in this ‘all risks’ insurance coverage dispute, succeeding on all issues across all parties’ appeals and cross-appeals. The decision is of particular significance in relation to (inter alia) the meaning of ‘damage’, cover for deterioration and development damage, and aggregation. James was led by Paul Reed KC and Ebony Alleyne. Permission to appeal to the Supreme Court was refused: see SC [2025] 4 WLUK 699.
  • Sky UK Ltd & Mace Ltd v Riverstone Managing Agency & Ors[2023] EWHC 1207 (Comm): James acted for Mace in this five-week ‘all risks’ insurance coverage trial in the Commercial Court. James was led by Paul Reed KC and Ebony Alleyne.
  • Bourlakova (and Ors) v Bourlakov (and Ors): Advising on complex issues of privilege in the context of a commercial/civil fraud dispute concerning assets of over $3 billion. Instructed with Tamara Oppenheimer KC of Fountain Court.
  • A v B: Acted for a founder and entrepreneur in the cryptocurrency industry bringing claims for declaratory relief and claims in fraudulent misrepresentation, deceit, unlawful means conspiracy, and breaches of good faith duties. Instructed with David Quest KC of 3VB.
  • Harbour v Thomas et al: Junior counsel to Mr Thomas in litigation considering the impact of the Supreme Court’s PACCAR judgment on a litigation funding agreement.
  • A v B: Sole counsel to the sellers under a Share Purchase Agreement (SPA) in an earn-out dispute worth c.£5 million.
  • A v B: Sole counsel in an unfair prejudice action, including: (i) successfully defending an application for summary judgment on O’Neill v Phillips grounds, (ii) successfully resisting an application for injunctive relief, and (iii) successfully defending various counts of alleged contempt (with an award of indemnity costs) at a three-day contempt trial, and defeated an attempted appeal to the Court of Appeal.
  • A v B: Counsel to major goods retailer (led by Nigel Jones KC) defending a c. £5 million claim under the Commercial Agents Regulations 1993.
  • Wilmington Trust National Association v Su: Acted as junior counsel (led by Simon Atrill KC of Fountain Court) 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. See related adjournment application here: Wilmington Trust National Association v Su[2022] EWHC 1051 (Comm).
• 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’ recent work includes:

  • Borelli & Ors v Otaibi & Ors: James acts with Nigel Jones KC, Sarah McCann KC, Emily Betts, and Thomas Mitty for some of the Defendants in a substantial civil fraud claim proceeding in the Commercial Court and involving 51 parties, brought by the liquidators of four funds against their investment managers, investment advisors, directors, and other parties, related to the funds’ investment in complex financial structured products, real property, and art.
  • Onecom Group & Ors v Eve Connect & Ors: Acting for Eve Connect and Mr Palmer in respect of a number of disputes arising out of an SPA for the sale of a telecom business between Mr Palmer and Onecom Group involving claims for (inter alia) hacking, unlawful means conspiracy, and breach of confidence. In June 2026, James appeared unled at an application hearing against a Silk.
  • Dandara (Jersey) Ltd v Clancy & Ors: Instructed for the Plaintiff in this offshore dispute involving claims against a series of individuals for (inter alia) breaches of fiduciary duty, unlawful diversion of business opportunities, deceit/fraudulent misrepresentation (etc.). Decisions include:
    • Freezing injunction application: Dandara (Jersey) Ltd v Clancy [2025] JRC 068 (and consequentials: Dandara (Jersey) Ltd v Clancy [2025] JRC 257).
    • Production of documents and/or sworn affidavit: Dandara (Jersey) Ltd v Clancy [2026] JRC 064
  • A v B: 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 David Quest KC of 3VB.
  • A v B: Sole counsel in an action seeking enforcement at common law of two judgments of the courts of Saudi Arabia (KSA) worth c.£20 million and bringing further claims, in which the Defendant alleges that foreign judgments were procured by fraud.
  • Bourlakova (and Ors) v Bourlakov (and Ors): Advising on complex issues of privilege in the context of a commercial/civil fraud dispute concerning assets of over $3 billion. Instructed with Tamara Oppenheimer KC of Fountain Court.
  • A v B: 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.
  • Tortuga Beach Resort Apartment 111/16 Ltd v Hannah & Ors: Acted (with Tom Bell) for over 700 companies alleging (inter alia) breaches of fiduciary duty against a director in an offshore fractional property ownership scheme, together with claims for dishonest assistance and knowing receipt against several other defendants.
  • A v B: Acting as sole counsel for a defendant accused of deceit and unlawful means conspiracy (case settled after interlocutory success).
  • A v B: Successfully striking out pleaded allegations of fraud as sole counsel.
  • A v B: Acting as sole counsel in a trial alleging forgery of a signature and involving expert handwriting evidence.
  • Various company/shareholder disputes in which allegations of fraud and dishonesty are pursued.
• Company & shareholder disputes

  Company & shareholder disputes

  James has excellent experience in company and shareholder disputes and is ranked as a ‘Leading Junior’ in this area by Legal 500, in which he is described as follows:

  • “Practical and efficient… very intelligent” – Legal 500 (2026), Company.
  • “James is a fantastic junior who is very strong on complex points of company law” – Legal 500 (2025), Company.

  James’ recent work includes:

  • A v B: 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. 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.
  • A v B: Successfully defeating an application for summary judgment on O’Neill v Phillips grounds before ICC Judge Mullen in unfair prejudice proceedings.
  • Appeared as sole counsel at an interlocutory phase in unfair prejudice proceedings relating to alleged exclusion from management, loss of substratum (etc.): Kurvits & Taal v Zaum UK Ltd[2023] EWHC 3441 (Ch) and Kurvits & Taal v Zaum UK Ltd [2023] EWHC 3460 (Ch). Appeared unled. The other parties were represented by a Silk and a senior-junior respectively.
  • A v B: Acting for a founder and entrepreneur in declaratory relief and fraudulent misrepresentation/deceit claims arising out of a dispute between founders/shareholders. Instructed with David Quest KC of 3 Verulam Buildings.
  • A v B: Acting for the petitioner in unfair prejudice proceedings alleging fraud against a co-shareholder and two directors of the company.
  • Morris v Elite Motors Bodyshop Limited & Anor: 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.
  • A v B: Acting as sole counsel in a shareholder dispute and threatened s.994 petition for the founder of a company against a minority investor.
  • A v B: Advising as sole counsel on legal professional privilege issues arising in offshore unfair prejudice proceedings.
• Franchising

  Franchising

  James has very substantial franchising experience in franchising litigation, acting for both franchisors and franchisees across the full spectrum of issues that may arise.

  His notable work includes:

  • APK Communications & 61 Ors v Vodafone Limited. James acted for the Claimants, led by David Lewis KC, in these substantial Commercial Court proceedings issued by 62 claimants in relation to the Commercial Agents Regulations 1993, exercises of contractual discretions, alleged breaches of good faith duties, and challenges to alleged contractual penalties. At the CMC, the Court approved a split trial with a direction for claimant-sampling: APK Communications & Ors v Vodafone Limited [2026] EWHC 811 (Comm).
  • Applications for urgent and permanent injunctive relief.
  • Acting as sole counsel for a Claimant franchisor bringing claims against several defendants for breach of contract and unlawful means conspiracy.
  • Defending an application for specific disclosure for a defendant franchisor accused of fraudulent misrepresentations.
  • 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.
  • Acting in unfair prejudice proceedings between the shareholders of a franchise company.
• 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:

  • Sky UK Ltd and Mace Ltd v Riverstone Managing Agency Limited & Ors[2024] EWCA Civ 1567 : James acted for one of the successful appellants in this ‘all risks’ insurance coverage dispute, succeeding on all issues across all parties’ appeals and cross-appeals. The decision is of particular significance in relation to (inter alia) the meaning of ‘damage’, cover for deterioration and development damage, and aggregation. James was led by Paul Reed KC and Ebony Alleyne. Permission to appeal to the Supreme Court was refused: see SC [2025] 4 WLUK 699.
  • Sky UK Ltd & Mace Ltd v Riverstone Managing Agency & Ors[2023] EWHC 1207 (Comm): James acted for Mace in this five-week ‘all risks’ insurance coverage trial in the Commercial Court. James was led by Paul Reed KC and Ebony Alleyne.

  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 significant experience of advising on 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 $3 billion conspiracy claim. Instructed with Tamara Oppenheimer KC of 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:

  • Instructed in relation to an offshore dispute between a company and its former Managing Director.
  • 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.

  James has also appeared in the Employment Tribunal in contractual, whistleblowing, and dismissal claims.

• International

  International

  James’ practice has a strong international / cross-border element. He has significant experience dealing with jurisdictional issues, foreign law, service out of the jurisdiction, conflicts of laws, and the recognition and enforcement of foreign judgments (including enforcement at common law). James also has significant experience assisting with litigation in other jurisdictions.

  James’ recent work includes:

  • Dandara (Jersey) Ltd v Clancy & Ors: Instructed for the Plaintiff in this offshore dispute involving claims against a series of individuals for (inter alia) breaches of fiduciary duty, unlawful diversion of business opportunities, deceit/fraudulent misrepresentation (etc.). Decisions include:
  • Freezing injunction application: Dandara (Jersey) Ltd v Clancy [2025] JRC 068 (and consequentials: Dandara (Jersey) Ltd v Clancy [2025] JRC 257.
  • Production of documents and/or sworn affidavit: Dandara (Jersey) Ltd v Clancy [2026] JRC 064.
  • Nova Leipzig Sarl v Gravity Fitness Ltd: Counsel for the Claimant in a Commercial Court claim governed by German law. Successfully defeated the Defendant’s forum non conveniens jurisdiction challenge: Nova Leipzig Sarl v Gravity Fitness Ltd [2025] EWHC 1262 (Comm).
  • 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.
  • Advising offshore counsel on privilege issues arising in unfair prejudice proceedings, including in relation to the (so-called) rule in Sharp v Blank.
  • Multiple claims to enforce foreign judgments in England and Wales, in particular where those judgments require enforcement/recognition at common law (e.g. Saudi and US judgments).
  • 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 claims.
• Insolvency & restructuring

  Insolvency & restructuring

  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

  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

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