Selborne Chambers

Mr Shaw was formerly a solicitor admitted in 1986. He has had extensive experience, both as a solicitor and at the Bar, acting in corporate and personal insolvency, banking litigation, mortgage enforcement and company and commercial litigation. He has acted on behalf of liquidators, receivers (both administrative and fixed charge), administrators and supervisors of company voluntary agreements. On the personal insolvency side he has regularly acted for trustees in bankruptcy and supervisors of individual voluntary arrangements. In addition to the above he has a wealth of experience acting for and advising creditors in utilising insolvency procedures to maximise recoveries. He also has a great deal of expertise in acting for liquidators in cases involving the fraudulent evasion of VAT. Reported cases include: Monte Developments Ltd v Court Management Ltd [2011] 1 BCLC 368 (setting aside charging order against Company in Administration, right to charging order for unassessed costs; Bramston v Green [2011] BPIR 44 (HHJ Cooke J) Berkeley Applegate relief, costs of trustee in bankruptcy out of realisation of assets for benefit of company in liquidation; Relfo Ltd v Varsani [2010] AER 1045 Court of Appeal (service on Defendant at last usual address; where resident); Bilta (UK) Ltd v Nazir [2010] 2 Lloyds Rep 29 Sales J. (Applicability of CPR Part 11 to Arbitration disputes; waiver of right to arbitrate); XYZ v HMRC [2010] EWHC 1645 (Ch) Nicholas Strauss QC (disclosure by HMRC to liquidator of material obtained pursuant to international criminal convention); Parkinson Engineering Ltd v Yeldon & Swan [2010] 1 BCLC 163 Court of Appeal (amendment to substitute liquidator as claimant in place of company after expiry of limitation period); Gresham International Ltd v Moonie [2010] 2 WLR 362 Peter Smith J (retrospective sanction to liquidator to continue proceedings); Oxford Pharmaceuticals Ltd; Wilson v Masters [2009] 2 BCLC 485. Mark Cawson QC. (Preference and misfeasance claims brought by liquidator); National Westminster Bank v Ashe [2008] EWCA Civ 55 [2008] 1 WLR 710 Court of Appeal (extinguishment of mortgage due expiry of limitation period); Apollo Communications Ltd v Rahmann [2008] EWHC 3467 (Ch) Warren J (transactions entered into without authority amounted to economic activity within VAT legislation); Silversafe Ltd v Hood & Tattershall Inversiones SL [2007] STC 871 Peter Smith J (pleading allegations of fraud; use of similar fact evidence; disclosure by HMRC of documents to liquidator pursuant to Enterprise Act 2002); HRMC v Egleton and others [2007] BCC 78 Briggs J (freezing order against party, against whom winding-up petitioner asserted no claim); Crystalmews Ltd v Metterick [2006] EWHC 2653 (Ch) [2006] All ER (D) 287 Lawrence Collins J (committal for contempt of two freezing orders, defendant knowing of, but not served with, order); Silversafe Ltd v Hood & Tattershall Inversiones SL [2006] EWHC 1849 (Ch), [2006] All ER (D) 350 Peter Smith J (pleading allegations of fraud; use of similar fact evidence; disclosure by HRMRC of documents to liquidator pursuant to Enterprise Act 2002); Softwarecore v Pathan [2005] EWHC 1845 (Ch), [2006] All ER (D) 05 Pumfrey J (continuation of freezing order against defendants in missing trader intra-community (MTIC) VAT fraud case); Regalway Care Homes v Shillingford [2005] EWHC 261, [2005] All ER (D) 394 Blackburne J (application by interveners for payment of monies frozen); Furylong Ltd v Masterpiece Technology Ltd [2004] EWHC 3101 (Ch), [2004] All ER (D) 211 Park J (release of monies from freezing order to pay costs of litigation); Michael Yee Fun Chu v Price [2004] BPIR 603 Court of Appeal (bankruptcy order extended to include aliases); Boyden (Liquidator of Westminster Property Management Ltd) v Stern [2004] BCC 599, Ferris J (limitation period applicable to claim to recover unlawful loans to directors); Conquest v Fox [2003] AER (D) 360 Michel Kallipetis QC (liquidator’s claims for misfeasance; preference; void charge in favour of director); Moore Large & Co Ltd v Hermes Credit & Guarantee Plc [2003] 1 Lloyd’s Rep 163, Coleman J (credit insurance; variation of cover; material misrepresentation; affirmation of policy); Pantone 485 Ltd [2002] 1 BCLC 266, Richard Field QC (limitation period for breach of fiduciary duty; misfeasance claim against non director, transfer of business, non payment of revenue); Miller v Bain [2002] BCC 899, Morritt V-C (liquidator’s entitlement to costs of private examination); Alman v Approach Housing Ltd [2001] 1 BCLC 530, Rimer J (individual voluntary arrangement did not prevent debtor from litigating claim); Cullinane v Inland Revenue Comms [2000] BPIR 996, Hart J (bankruptcy court not empowered to review commissioner’s final tax assessments); Carter-Knight v Peat, The Times [2000] BPIR 968 Neuberger J (remedied default in individual voluntary arrangement – court’s discretion to make a bankruptcy order; decision of district judge remitted due to failure to give reasons); Re Dana (UK) Ltd [1999] 2 BCLC 239, Neuberger J (liberty to administrators to sell assets on terms not approved by meeting of creditors); Re Montin [1999] 1 BCLC 663, Neuberger J (liberty to administrators to sell assets of the company prior to meeting of creditors); Re Lomax Leisure Ltd [1999] 3 AER 22; [1999] 3 WLR 652, Neuberger J (ability of landlord to peaceably re-enter whilst administration petition pending); Re Swaptronics, The Times August 17 1998, Laddie J (refusal to strike out section 459 petition for failure to comply with unless orders for witness statements and experts report).

Solicitor 1986-95; called to Bar 1995. Publications of note include: Liquidators’ assignments of causes of action – ‘Insolvency Law and Practice’ Vol 14, No 2 1998 (Part 1) and Vol 14, No 3 (Part 2); Administration – Peaceable re-entry by a landlord revisited [1999] 6 ‘Insolvency Lawyer’ p245; Bankruptcy and the Matrimonial Home – ‘Property Law Journal’ May 2004 No 130; Practical Implications of Leyland Daf – ‘International Corporate Rescue’ [2004] Vol 1 Issue 4; contributor of bankruptcy chapter to Jordans’ ‘Chancery Litigation Handbook’.

Insolvency Lawyers Association; Chancery Bar Association.