James Shaw

Practice Areas

James specialises in commercial disputes with a particular focus on commercial litigation, civil fraud, shareholder/company disputes (including unfair prejudice petitions), insurance coverage, insolvency, and construction disputes. He is frequently instructed in high-value and hard-fought claims both as sole counsel and in larger counsel teams.

James is recognised as a ‘Leading Junior’ in Commercial Litigation and Company by the Legal 500 (2026) and as ‘Up and Coming’ in Commercial Dispute Resolution by Chambers UK (2026). Those directories describe James as follows:

“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.

“Practical and efficient... very intelligent” – Legal 500 (2026), Company.

“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 is a fantastic junior who is very strong on complex points of company law” – Legal 500 (2025), Company.

James’ recent work includes:

-Nova Leipzig Sarl v Gravity Fitness Ltd: Counsel for the Claimant in a Commercial Court claim governed by German substantive law. James was initially instructed as sole counsel and later with a silk from 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).

-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.

-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.

-Sole counsel in an action seeking enforcement at common law of two judgments of the courts of Saudi Arabia worth c.£20 million and bringing further claims.

-Sole counsel to a party in a Share Purchase Agreement (SPA) dispute worth c.£5 million.

-Junior counsel in a substantial Commercial Court claim 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. James is led by David Lewis KC, with Emma Hynes and Alice Whyte.

-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.

-Sole counsel in an unfair prejudice action: (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.

-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 a silk from 3 Verulam Buildings.

-Junior counsel to Nigel Jones KC defending a c. £5 million claim under the Commercial Agents Regulations 1993.

Christophi & Ors v RP Design & Construction Limited & Ors [2025] EWHC 1817 (Ch): Junior counsel for the Claimants in an oral contracts/trusts/civil fraud trial. Led by Paul Strelitz.

-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).

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

Professional Memberships

-COMBAR (Commercial Bar Association)

-YIAG (Young International Arbitration Group)

-CFAAR (Crypto Fraud and Asset Recovery Network)

-INSOL International

-ThoughtLeaders4 (FIRE & Disputes)

-ConTrA (Contentious Trusts Association)

-Advocate Panel Member

Publications

James is a contributor to a number of publications, including Construction Insolvency: Security, Risk and Renewal in Construction Contracts (7th edition), Insurance Broking Practice and the Law (edited by CMS Cameron McKenna), and Construction Professional Indemnity Insurance (forthcoming). He also provides case updates for Corporate Rescue & Insolvency as part of Gatehouse Chambers’ Insolvency Team.

Experience

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:

-Nova Leipzig Sarl v Gravity Fitness Ltd [2025] EWHC 1262 (Comm): James acted for the successful Respondent/Claimant in defeating a challenge to the jurisdiction of the English Court in favour of the German Court on forum non conveniens grounds. James was led by Stephen Robins KC of South Square.

-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.