Shane Sibbel

The claimant members of the Vale mining group brought a claim in fraud for c.US$2 billion, relating to a joint venture for the mining of iron ore in the Republic of Guinea. Shane (led by Robert Weekes KC) acted for the second defendant. A 9-week trial in the Commercial Court commenced in late January 2022. In the fourth week of trial the claimants withdrew all of the claims and agreed to pay the defendants' costs on the indemnity basis. The second defendant then successfully pursued claims against the claimants under a cross-undertaking in damanges provided as part of a WFO.

Claim worth over US$700million brought by a Chinese consortium in connection with the purchase of a majority shareholding in an international sports rights business, which subsequently became insolvent. The Claimant alleges that its entry into the SPA was induced by fraud. Shane acts (with Andrew Hunter KC and Barnaby Lowe) for the First and Tenth Defendants, who deny all alleged wrongdoing. 21 week trial to take place in 2025. Shane recently appeared successfully and unled at a recent hearing on the application of privilege to company email accounts: [2022] EWHC 2856 (Comm).

Shane was instructed on behalf of the First and Seventh Defendants in English declaratory proceedings concerning the disputed restructuring of 1.1 billion euros of debt by (inter alia) the Claimant and its ultimate owners and controllers. The wider dispute encompasses related fraud and insolvency proceedings in New York, Luxembourg and Germany. Jurisdiction challenge in December 2020.

Acted for the Claimants in a US$1-2 billion claim for fraud, breach of contract and unlawful means conspiracy involving sixteen defendants and proceedings (substantive and injunctive) across a number of jurisdictions. The First Claimant is a Thai entrepreneur and political refugee, who fled Thailand upon being charged with lèse-majesté (“offending the dignity of the King”). The claim alleges a fraudulent conspiracy to deprive the claims of a majority interest in the leading renewable energy corporation in Thailand. 

An important decision of Butcher J in the proceedings clarified (i) the correct approach to costs where a claimant pleads a claim governed by foreign law in reliance upon the default rule in Dicey 25(2), accepting the Claimants' analysis of the recent Court of Appeal decision in FS Cairo v Brownlie [2020] EWCA Civ 996; and (ii) the scope of the Court's discretion to grant relief under s.423 of the Insolvency Act 1986 in a case involving foreign elements (dismissing a strike out application brought by D10).

Shane acted as junior Counsel along with Victoria Windle and Andrew Trotter, led by Anthony Peto KC.

Acted for all six defendants in a substantial claim concerning various alleged agreements between Ukranian oligarchs relating to (amongst other things) a large scale logistics development project in, and around, the port of Odessa, Ukraine. D4 to D6 successfully challenged jurisdiction, and the remainder of the claims were either struck out or withdrawn (led by Brian Kennelly KC).

Shane has been instructed as junior counsel (led by Tom de la Mare KC and Ben Jaffey KC) to advise in relation to two sets of potential private law claims relating to the alleged use of multiple types of "defeat devices" in the emissions control systems employed by a number of well known car manufacturers, and (in one case) an alleged technology-suppression cartel. 

Instructed for the potential Defendants in connection with a threatened claim for US$717 million alleging breach of contract, partnership, fiduciary and director duties, in connection with the development of an operating system for electrical drivetrains and other electric vehicles (led by Andrew Hunter KC).

Acting for the Claimant (led by Andreas Gledhill KC) in an arbitration claim for the recovery of c.£20 million in connection with a restructured debt secured by various property developments and gas peaking projects. The Claimant brought a successful application for bifurcation and the Phase 1 trial takes place in early 2023.

Dispute between Ocado and one of its co-founders who has established a rival company, allegedly in breach of confidence, and who now counterclaim for (amongst other things) unlawful means conspiracy against Ocado plc, causing the loss of a contract with Waitrose worth hundreds of millions. In addition to their counterclaim, the Defendants issued an application to discharge search orders said to have been obtained by abuse of process, material non-disclosure and unfair presentation of evidence. Junior counsel for the Defendants (as part of a team with Anthony Peto KC and Daniel Burgess).

Advised a former NatWest trader in relation to a contested application for examination under s2 of the Evidence (Proceedings in Other Jurisdictions) Act 1975 in aid of a New York class action concerning the manipulation of the $5tn-per-day international forex market brought against 16 international banks (15 of which settled for >$2.3 bn). 

Acted successfully for the U.S. Plaintiffs in proceedings concerning the fraudulent mis-selling of debt securities worth US$76 million in BTA Bank JSC in the course of restructuring the bank following the well-publicised Ablyazov fraud. Acted for the Plaintiffs in successfully obtaining contested orders for the deposition in England of material witnesses, under s.2 of the Evidence (Proceedings in Other Jurisdictions) Act 1975 (led by Andrew Hunter KC). 

High profile proceedings arising out of two capital raisings by Barclays Bank in 2008.

Acted successfully as junior counsel for John Varley, ex-CEO of Barclays Bank (led by Javan Herberg KC) on applications to stay the deceit claims brought by PCP against Barclays in connection with the Bank’s capital raising exercises during the height of the credit crunch. The Court held that the claim should not be listed to be heard until October 2019, to enable criminal charges brought by the SFO in respect of the Qatar subscriptions (with which it held there was a substantial overlap) to be heard first.  The case is a significant example of a civil court being prepared to stay a substantial trial to permit criminal proceedings to take precedence, on the grounds of possible jury contamination.

Claim concerning the temporal scope and content of a facultative reinsurance policy between the claimant and defendant, in the aftermath of an offshore construction disaster causing losses of c.$550 million. The case raised complex questions relating to the objective meaning of a reinsurance policy as applied to unexpected factual circumstances. Led by Gavin Kealey KC at the main hearing, and appeared unled at the consequential hearing, where Shane successfully obtained permission to appeal from the first instance judge.

Substantial contractual claim against a sports commercial rights holder in relation to the correct distribution of revenues, under a series of inter-related agreements, between participants in a top-flight international sporting competition (led by Andrew Hunter KC). The claim settled shortly before trial in October 2020.

Claims under alleged guarantees for loan facilities. The principal sum claimed was approximately $70m. Junior counsel for the First Respondent, a major mining company and one of the largest producers of copper in the world, which alleged it was the victim of a complex fraud involving forgery.  

The matter involved 18 separate procedural disputes, and a trial split into four stages over a period of 6 months in 2015 and 2016, with further hearings in 2017.

Appeared successfully as sole counsel for the Claimant in the Court of Appeal. The appeal concerned important preliminary issues in respect of the scope of the Pallant v Morgan constructive trust, proprietary estoppel and joint venture fiduciary duties. Permission to appeal to the Supreme Court was refused.

Acted for Jack Wills in a dispute with Superdry plc concerning the alleged misuse of confidential information in sales data and clothing designs (led by Tom Croxford KC).

Junior counsel (led by Michael Bloch QC) for the successful Defendants in a claim concerning the operation of a sports nutrition business under a number of trade marks held pursuant to a perpetual licence. The case raised issues regarding the rights of an equitable assignee, alleged breaches of a trade mark licence, trade mark infringement and passing off. Successfully defeated the claim at first instance and succeeded on appeal in relation to a discrete point of construction in the licence concerning use post termination. 

£195 million claim for enforcement of Russian judgments by way of common law claim and under s.25 of the CJJA 1982. Further claim alleging that a loan made by D3 to D2 of €6 million was a sham, alternatively liable to an order pursuant to section 423 of the Insolvency Act 1986. Led by Brian Kennelly KC.

Sole counsel in an application raising issues over the scope of freezing order exceptions and whether they apply to lawyer's fees incurred other than in the defence of the proceedings. Successful at first instance and now under appeal. 

Sole counsel in an application concerning hardship payment orders and the scope of CPR 72.7.

Proceedings relating to alleged corruption and bribery by the Defendant of a Korean public institute over 13 years, involving claims for breach of warranty and deceit under a share purchase agreement, and breaches of directors duties. Claim worth c. £20 million. Junior counsel for the Third Party. Parallel SFO investigation. 

Challenge under sections 67 and 68 of the Arbitration Act 1996, in litigation concerning loans made by Standard Bank to a third party Mongolian corporation and the alleged fraudulent misappropriation and dissipation of the loaned monies. Multiple applications concerning security for sums awarded under section 70(7) of the 1996 Act and worldwide disclosure. The case concerned (amongst other things) the correct merits threshold to be applied in s.70(7) applications in cases (1) involving fraud and (2) involving a challenge to arbitrators’ jurisdiction.

Junior counsel for the Defendant (as part of a team including Robert Weekes KC).

The claimant members of the Vale mining group brought a claim in fraud for c.US$2 billion, relating to a joint venture for the mining of iron ore in the Republic of Guinea. Shane (led by Robert Weekes KC) acted for the second defendant. A 9-week trial in the Commercial Court commenced in late January 2022. In the fourth week of trial the claimants withdrew all of the claims and agreed to pay the defendants' costs on the indemnity basis. The second defendant then successfully pursued claims against the claimants under a cross-undertaking in damanges provided as part of a WFO.

Claim worth over US$700million brought by a Chinese consortium in connection with the purchase of a majority shareholding in an international sports rights business, which subsequently became insolvent. The Claimant alleges that its entry into the SPA was induced by fraud. Shane acts (with Andrew Hunter KC and Barnaby Lowe) for the First and Tenth Defendants, who deny all alleged wrongdoing. 21 week trial to take place in 2025. Shane recently appeared successfully and unled at a recent hearing on the application of privilege to company email accounts: [2022] EWHC 2856 (Comm).

Acted for the Claimants in a US$1-2 billion claim for fraud, breach of contract and unlawful means conspiracy involving sixteen defendants and proceedings (substantive and injunctive) across a number of jurisdictions. The First Claimant is a Thai entrepreneur and political refugee, who fled Thailand upon being charged with lèse-majesté (“offending the dignity of the King”). The claim alleges a fraudulent conspiracy to deprive the claims of a majority interest in the leading renewable energy corporation in Thailand. 

An important decision of Butcher J in the proceedings clarified (i) the correct approach to costs where a claimant pleads a claim governed by foreign law in reliance upon the default rule in Dicey 25(2), accepting the Claimants' analysis of the recent Court of Appeal decision in FS Cairo v Brownlie [2020] EWCA Civ 996; and (ii) the scope of the Court's discretion to grant relief under s.423 of the Insolvency Act 1986 in a case involving foreign elements (dismissing a strike out application brought by D10).

Shane acted as junior Counsel along with Victoria Windle and Andrew Trotter, led by Anthony Peto KC.

Acted for all six defendants in a substantial claim concerning various alleged agreements between Ukranian oligarchs relating to (amongst other things) a large scale logistics development project in, and around, the port of Odessa, Ukraine. D4 to D6 successfully challenged jurisdiction, and the remainder of the claims were either struck out or withdrawn (led by Brian Kennelly KC).

Dispute between Ocado and one of its co-founders who has established a rival company, allegedly in breach of confidence, and who now counterclaim for (amongst other things) unlawful means conspiracy against Ocado plc, causing the loss of a contract with Waitrose worth hundreds of millions. In addition to their counterclaim, the Defendants issued an application to discharge search orders said to have been obtained by abuse of process, material non-disclosure and unfair presentation of evidence. Junior counsel for the Defendants (as part of a team with Anthony Peto KC and Daniel Burgess).

Acted successfully for the U.S. Plaintiffs in proceedings concerning the fraudulent mis-selling of debt securities worth US$76 million in BTA Bank JSC in the course of restructuring the bank following the well-publicised Ablyazov fraud. Acted for the Plaintiffs in successfully obtaining contested orders for the deposition in England of material witnesses, under s.2 of the Evidence (Proceedings in Other Jurisdictions) Act 1975 (led by Andrew Hunter KC). 

Advised a former NatWest trader in relation to a contested application for examination under s2 of the Evidence (Proceedings in Other Jurisdictions) Act 1975 in aid of a New York class action concerning the manipulation of the $5tn-per-day international forex market brought against 16 international banks (15 of which settled for >$2.3 bn). 

High profile proceedings arising out of two capital raisings by Barclays Bank in 2008.

Acted successfully as junior counsel for John Varley, ex-CEO of Barclays Bank (led by Javan Herberg KC) on applications to stay the deceit claims brought by PCP against Barclays in connection with the Bank’s capital raising exercises during the height of the credit crunch. The Court held that the claim should not be listed to be heard until October 2019, to enable criminal charges brought by the SFO in respect of the Qatar subscriptions (with which it held there was a substantial overlap) to be heard first.  The case is a significant example of a civil court being prepared to stay a substantial trial to permit criminal proceedings to take precedence, on the grounds of possible jury contamination.

Proceedings relating to alleged corruption and bribery by the Defendant of a Korean public institute over 13 years, involving claims for breach of warranty and deceit under a share purchase agreement, and breaches of directors duties. Claim worth c. £20 million. Junior counsel for the Third Party. Parallel SFO investigation. 

Appeared successfully as sole counsel for the Claimant in the Court of Appeal. The appeal concerned important preliminary issues in respect of the scope of the Pallant v Morgan constructive trust, proprietary estoppel and joint venture fiduciary duties. Permission to appeal to the Supreme Court was refused.

Claim concerning monies entrusted by the Claimants to the First Defendant for investment in central London property. The claims concerned, in particular, with the misappropriation of substantial sums in rental and other income, the unauthorised sale of one of the properties, and the unauthorised transfer of security in one of the properties.

Following the settlement of the claims, Shane appeared for the respondents in a High Court appeal brought by a litigation friend in connection with a costs order made against her. 

Claims under alleged guarantees for loan facilities. The principal sum claimed was approximately $70m. Junior counsel for the First Respondent, a major mining company and one of the largest producers of copper in the world, which alleged it was the victim of a complex fraud involving forgery.  

The matter involved 18 separate procedural disputes, and a trial split into four stages over a period of 6 months in 2015 and 2016, with further hearings in 2017.

Acted for the Claimant Japanese company which was seeking to enforce a judgment obtained in Tokyo against the Defendant for £4.5 million plus interest. Summary judgment obtained in respect of the principal sum claimed. The Third Party sought to impugn the Japanese judgment and the QBD summary judgment on the basis of allegations of sham and fraud advanced against both the Claimant and the Defendant. Successfully opposed an application by the Third Party to transfer the case to the Family Court. Thereafter the Third Party withdrew the allegations and paid indemnity costs (Led by Anthony Peto KC and Andrew Hunter KC)

£195 million claim for enforcement of Russian judgments by way of common law claim and under s.25 of the CJJA 1982. Further claim alleging that a loan made by D3 to D2 of €6 million was a sham, alternatively liable to an order pursuant to section 423 of the Insolvency Act 1986. Led by Brian Kennelly KC.

Sole counsel in an application raising issues over the scope of freezing order exceptions and whether they apply to lawyer's fees incurred other than in the defence of the proceedings. Successful at first instance and now under appeal. 

Sole counsel in an application concerning hardship payment orders and the scope of CPR 72.7.

Challenge under sections 67 and 68 of the Arbitration Act 1996, in litigation concerning loans made by Standard Bank to a third party Mongolian corporation and the alleged fraudulent misappropriation and dissipation of the loaned monies. Multiple applications concerning security for sums awarded under section 70(7) of the 1996 Act and worldwide disclosure. The case concerned (amongst other things) the correct merits threshold to be applied in s.70(7) applications in cases (1) involving fraud and (2) involving a challenge to arbitrators’ jurisdiction.

Junior counsel for the Defendant (as part of a team including Robert Weekes KC).

Sole counsel for the claimant in a complex joint venture dispute concerning the alleged appropriation by the defendant of shares in several companies and an ongoing dilution and restructuring strategy to exclude the claimant from the companies' businesses. The case raises a variety of issues in relation to fiduciary duties and constructive trusts. The claimant succeeded at first instance and was awarded his costs on the indemnity basis. Enforcement proceedings and appeal proceedings continue.

Acted successfully as sole counsel for the Claimants in a complex two week fraud trial involving a range of alleged fraudulent misrepresentations made to induce a sizeable investment into a purported sports management agency. Successfully opposed an appeal by the Defendants brought on the basis of delay in the hand down of judgment. 

Acting for the Claimant (led by Andreas Gledhill KC) in an arbitration claim for the recovery of c.£20 million in connection with a restructured debt secured by various property developments and gas peaking projects. The Claimant brought a successful application for bifurcation and the Phase 1 trial takes place in early 2023.

Instructed as sole counsel for the Defendant in an LCIA Arbitration concerning a contractual dispute arising out of a framework agreement for the international sale of goods. 

Claims under alleged guarantees for loan facilities. The principal sum claimed was approximately $70m. Junior counsel for the First Respondent, a major mining company and one of the largest producers of copper in the world, which alleged it was the victim of a complex fraud involving forgery.  

The matter involved 18 separate procedural disputes, and a trial split into four stages over a period of 6 months in 2015 and 2016, with further hearings in 2017.

Challenge under sections 67 and 68 of the Arbitration Act 1996, in litigation concerning loans made by Standard Bank to a third party Mongolian corporation and the alleged fraudulent misappropriation and dissipation of the loaned monies. Multiple applications concerning security for sums awarded under section 70(7) of the 1996 Act and worldwide disclosure. The case concerned (amongst other things) the correct merits threshold to be applied in s.70(7) applications in cases (1) involving fraud and (2) involving a challenge to arbitrators’ jurisdiction.

Junior counsel for the Defendant (as part of a team including Robert Weekes KC).

Substantial contractual claim against a sports commercial rights holder in relation to the correct distribution of revenues, under a series of inter-related agreements, between participants in a top-flight international sporting competition (led by Andrew Hunter KC). The claim settled shortly before trial in October 2020.

Shane was instructed to advise the FA in relation to an arbitration claim challenging the lawfulness of UEFA's ban on Russian football teams participating in certain competitions following the Russian invasion of Ukraine (led by Adam Lewis KC).

Advised PCB in relation to their arbitration claim against the BCCI for breach of contract in relation to international cricket fixtures (junior counsel to Lord Pannick KC).

Appeared successfully as sole counsel for a F1 driver in a well-publicised recent arbitration concerning the status of that driver's contract for the 2022, 2023 and 2024 F1 seasons. 

Challenge to an FA disciplinary decision following a dispute over an on-field sanction. Sole counsel for the FA.

Junior Counsel for the FA (led by Christopher Coltart KC)

Rule K arbitration concerning the sanctioning of a club owner for acting contrary to Rule E3 in relation to the transfer of a footballer.

The Tribunal upheld the finding of liability and imposed a suspension from footballing activity of 12 months (and fine of 100,000) upon Mr Cellino.   

Sole counsel for the Defendant in an ICC arbitration in which a top football club claimed a contractual debt of $8.22 million from one of its former sponsorship partners. 

Sole counsel in a Rule K Arbitration for the FA, in a challenge by a Club owner to sanction following his admission to a number of charged breaches of Rules E1 and E3, following his breach of undertakings to the FA, his acting as a Director/Officer of the Club at times without written confirmation from the FA, and entering into an improper loan agreement purportedly on behalf of the Club. 

Important constitutional case on the principle that a court order must be obeyed until and unless it is set aside or varied by the Court, or overruled by legislation, regardless of whether the order is valid, invalid, regular, irregular, or made by a court of limited or unlimited jurisdiction. Shane appeared pro bono with Raza Husain KC and Laura Dubinsky KC for Bail for Immigration Detainees (intervening). 

Supreme Court appeal concerning (i) the jurisdiction of immigration tribunals to make factual findings in relation to an individual's human trafficking history, in the course of determining the lawfulness of removal and (ii) the scope and content of positive obligations owed under Article 4 ECHR in human trafficking cases, again in the context of assessing removal decisions. Junior counsel for ECPAT UK (intervening), led by Raza Husain KC.  

Appeal concerning the correct approach to determining the "reasonableness" of an internal flight alternative / internal relocation alternative under the test prescribed in AH (Sudan) v SSHD [2008] 1 AC 678 and Januzi v SSHD [2006] 2 AC 426, and in particular the extent to which the question is to be determined by comparison with the conditions of a "significant minority" in the country concerned. Acted for the UN High Commissioner for Refugees (intervening) (led by Michael Fordham KC).

Appeal concerning the compatibility of the country guidance in MN (Ahmadis: Country Conditions: Risk: Pakistan) [2012] UKUT 389 (IAC) with the principle in HJ (Iran) v SSHD [2010] UKSC 31, and the responsibility of tribunals to apply that principle to their factual findings, irrespective of the positive case advanced by the applicant. Acted for the UN High Commissioner for Refugees (led by Michael Fordham KC, with Gayatri Sarathi), which intervened in support of the successful appellant.

Shane was instructed by the Secretary of State for Justice, and HMPPS, as part of a core counsel team, led by Sir James Eadie KC, to advise in relation to a variety of legal issues and potential challenges arising out of the impact of the Covid-19 pandemic upon the prison service. 

In that role he has worked on (amongst other things): 

- a potential systems challenge by the Howard League for Penal Reform to the policies of HMPPS regarding the release of prisoners during the pandemic (the challenge was not issued);

- Advising HMPPS generally as to its response to the pandemic;

- R (ex p Davis) v SSJ (CO/1389/2020): a claim seeking the immediate release of a prisoner for Covid-19 related health reasons during (the claim was withdrawn);

- R (ex p Jalil) v SSJ (CO/515/2020): a claim which sought (inter alia) to challenge the approach of the SSJ to the prisoner's transfer to open conditions during the pandemic; and

- Pre-action correspondence in response to a number of further individual challenges to decisions not to release prisoners and/or to the conditions of their detention. 

Advising the Home Office, Foreign Office and Treasury in connection with asset seizure and the war in Ukraine (led by Sir James Eadie KC). 

Shane is instructed as sole counsel for the Lord Chancellor in two ongoing judicial review claims challenging the lawfulness of guidance issued in relation to (i) the means test and (ii) exceptional case funding under section 4 of LAPSO 2012. 

Appeal to the Supreme Court, in a sequel to the decisions in HJ (Iran) [2011] 1 AC 596 and RT (Zimbabwe) [2013] 1 AC 152. The appeal concerned a refusal of asylum on the expectation that an individual would suppress the expression of their religious faith, where the state criminalised the reasonable expression of that identity. Junior counsel for the UN High Commissioner for Refugees (led by Michael Fordham KC).

Successfully opposed two expedited appeals to the Supreme Court raising challenges under Article 14 ECHR (taken with Article 8 and/or Article 1 Protocol 1) to the benefit cap legislation. The appeals also raised issues under common law and Article 3(1) of the UN Convention on the Rights of the Child.

Junior counsel for the Secretary of State (as part of a team including Simon Pritchard).

Civil claims against the security services, the former foreign secretary and others alleging their complicity in rendition and torture. In a landmark judgment, the Supreme Court concluded that the claims could proceed to trial, dismissing the Defendants' assertions that the claims were barred by state immunity and/or the doctrine of foreign act of state. Junior counsel with Ravi Mehta for the UN Special Rapporteur on Torture and the UN Chair-Rapporteur on Arbitrary Detention (in their first intervention in UK proceedings).

Acted for one of the Defendants in a claim in tort and under the HRA concerning the scope of positive obligations on local authorities to prevent and investigate the criminal acts of private individuals (junior counsel to Monica Carss-Frisk KC).

Advised in relation to a potential ECHR/Constitutional challenge to the system of legal aid in place in a crown dependency (junior counsel to Pushpinder Saini KC).

Advised Freedom from Torture pro bono with Timothy Otty KC and Tristan Jones on recent international jurisprudence regarding the meaning of torture, state responsibility for torture and whether the definition of torture is context sensitive.

Important constitutional case on the principle that a court order must be obeyed until and unless it is set aside or varied by the Court, or overruled by legislation, regardless of whether the order is valid, invalid, regular, irregular, or made by a court of limited or unlimited jurisdiction. Shane appeared pro bono with Raza Husain KC and Laura Dubinsky KC for Bail for Immigration Detainees (intervening). 

Shane is instructed as sole counsel for the Lord Chancellor in two ongoing judicial review claims challenging the lawfulness of guidance issued in relation to (i) the means test and (ii) exceptional case funding under section 4 of LAPSO 2012. 

Advising the Home Office, Foreign Office and Treasury in connection with asset seizure and the war in Ukraine (led by Sir James Eadie KC). 

Advised the Home Office (led by Sir James Eadie KC) in connection with various legal issues relating to the application of the Windrush Scheme and Windrush Compensation Scheme, by reference to the historical rights of Commonwealth citizens under statute since 1962. 

Shane was instructed by the Secretary of State for Justice, and HMPPS, as part of a core counsel team, led by Sir James Eadie KC, to advise in relation to a variety of legal issues and potential challenges arising out of the impact of the Covid-19 pandemic upon the prison service. 

In that role he has worked on (amongst other things): 

- a potential systems challenge by the Howard League for Penal Reform to the policies of HMPPS regarding the release of prisoners during the pandemic (the challenge was not issued);

- Advising HMPPS generally as to its response to the pandemic;

- R (ex p Davis) v SSJ (CO/1389/2020): a claim seeking the immediate release of a prisoner for Covid-19 related health reasons during (the claim was withdrawn);

- R (ex p Jalil) v SSJ (CO/515/2020): a claim which sought (inter alia) to challenge the approach of the SSJ to the prisoner's transfer to open conditions during the pandemic; and

- Pre-action correspondence in response to a number of further individual challenges to decisions not to release prisoners and/or to the conditions of their detention. 

Advised the Lord Chancellor in relation to a challenge to the fairness of a consultation exercise concerning the transfer of certain legal aid costs assessments from the Courts to the Legal Aid Agency. 

Advised the Lord Chancellor on setting the new personal injury discount rate following the passage of the Civil Liability Act 2018, which amended the provisions of the Damages Act 1996 (led by Sir James Eadie KC).

Advised the JCIO on whether and if so to what extent it has jurisdiction to consider complaints against former judicial office holders under the Constitutional Reform Act 2005 and secondary legislation (led by Sir James Eadie KC).

Successfully opposed two expedited appeals to the Supreme Court raising challenges under Article 14 ECHR (taken with Article 8 and/or Article 1 Protocol 1) to the benefit cap legislation. The appeals also raised issues under common law and Article 3(1) of the UN Convention on the Rights of the Child.

Junior counsel for the Secretary of State (as part of a team including Simon Pritchard).

Claim for declarations as to the lawfulness of the detention of aircraft under the Transport Act 2000 (and implementing regulations), at the request of EUROCONTROL, in the context of the international regime established under the EUROCONTROL Convention 1960.

Junior counsel for Ofsted in its successful appeal against a decision of the High Court ([2017] EWHC 2097) relating to the fairness of Ofsted's complaints procedures and the statutory and common law requirements of procedural fairness in relation to reports placing schools into special measures (led by James Eadie KC).

Acted as sole counsel in advising Ofsted on the impact of the Durand decision in several other cases.

Junior Counsel to Andrew Green KC, the Specialist Adviser to the Treasury Select Committee, in relation to his evidence to that committee concerning a proposal to create a system of tribunals to determine disputes between SMEs and banks.

Acted successfully for the Defendant in a judicial review of a report asserting safeguarding issues at an independent school. 

Advised the Export Credits Guarantee Department as to the applicable public law principles, and potential private law recourse, arising out of admitted misconduct by a previously supported UK business (led by Sir James Eadie KC).

Shane has advised as junior counsel, led by Sir James Eadie KC, on a number of potential reforms to public infrastructure and pensions schemes, which raise overlapping commercial and public law questions.

Advised in relation to a potential ECHR/Constitutional challenge to the system of legal aid in place in a crown dependency (junior counsel to Pushpinder Saini KC).

Advised a number of confidential clients on certain matters relating to the UK and EU Libyan sanctions regimes (led by Timothy Otty KC).

Shane has also appeared for the Crown in a number of judicial review claims in the Upper Tribunal concerning immigration decisions, and has advised as sole counsel on the application of the Hardial Singh principles and Article 5 ECHR to an immigration detention decision. 

Acted for one of the Defendants in a claim in tort and under the HRA concerning the scope of positive obligations on local authorities to prevent and investigate the criminal acts of private individuals (junior counsel to Monica Carss-Frisk KC).

Advised a large firm as sole counsel on the statutory basis for the contracting out of the provision of counter-fraud services to the NHS.

Instructed by a well known pop star in connection with a series of related disputes surrounding the validity and enforceability of their management and publishing agreements (led by Ian Mill KC).

Advised a well known band in relation to the use of a deceased member's name, likeness and biographical material for merchandising and promotional purposes. 

Sole counsel for the successful claimant in a high profile action against Lucasfilm for procuring breach of a contract between the Claimant, an independent film maker, and the organiser of a Star Wars fan convention. Following trial Lucasfilm were found liable in damages and were ordered to pay 75% of the Claimant's costs. 

Acted for the Defendant in a claim brought for the enforcement of alleged option rights under recording and publishing agreements (said to be worth up to £2.4 million). The case raises issues as to construction, rectification, assignment, specific performance and the applicability of foreign law (led by Andrew Green KC).

Advised a major record label in the course of renegotiations with a top band, in particular in relation to the meaning, lawfulness and application of a "most favoured nation" clause, which purported to constrain the terms upon which the label could contract with other bands in the future (led by Pushpinder Saini KC).

Claim alleging a contractual entitlement, alternatively a charge or constructive trust, in respect of merchandising revenue from the worldwide exploitation of rights to the Wombles. Sole counsel for the Defendant.

Acted for the Respondent in relation to an application for pre-action disclosure. The dispute arose out of a series of distribution and licensing agreements for the international distribution of short films submitted in competition for Academy Awards.

Claim under a contract and for professional negligence in relation to the design and coding of a website relating to a well-known BBC production (sole counsel for the Claimant).

Acted for the Defendants in a claim alleging breach of restrictive covenants and duties of confidence, in the context of a wider dispute between competitors in the music industry (junior counsel to Tom Croxford KC).

Advising a global record industry body in relation to the recent phenomenon of “streaming manipulation” and the civil causes of action that exist in relation to it.  

Advising a film production company in relation to an agreement concerning the worldwide grant of alleged film and personality rights and purporting to bind third parties upon the death of the original grantor.

Advised a global record industry body on the obligations and potential liability, under the E-Commerce Directive, of operators of several social media platforms in relation to infringing activity carried out on or through such websites.

Advised in relation to the scope of grants of right in relation to the making available of sound recordings (junior counsel to Pushpinder Saini KC).

Advised PRS on the application of the CDPA 1988 to the playing of music in hotel bedrooms (junior counsel to Pushpinder Saini KC). 

Advised and acted for the owner of the copyright in a well-known musical composition in relation to the repeated infringement of its rights during an international advertising campaign.

Acted for the Defendant in a dispute between a provider of logistical support for festivals and the manager of a well-known disc jockey, recording artist and songwriter, concerning alleged breaches of contract and questions of agency.

Acted for the members of the BPI in obtaining orders under section 97A CDPA 1988 requiring ISPs to block access to 21 BitTorrent Indexing or MP3 Aggregating websites. The orders were successfully obtained.

Acted for the BPI as junior counsel in the preparation of an application for an injunction to prevent the Pirate Party UK from providing a proxy service on its website permitting internet users to circumvent the blocking orders over The Pirate Bay website granted in Dramatico Entertainment & others v British Sky Broadcasting & others [2012] EWHC 268 (Ch). The Pirate Party UK took down the proxy service in the face of imminent legal action. 

Appeared successfully as sole counsel for a F1 driver in a well-publicised recent arbitration concerning the status of that driver's contract for the 2022, 2023 and 2024 F1 seasons. 

Claim worth over US$700million brought by a Chinese consortium in connection with the purchase of a majority shareholding in an international sports rights business, which subsequently became insolvent. The Claimant alleges that its entry into the SPA was induced by fraud. Shane acts (with Andrew Hunter KC and Barnaby Lowe) for the First and Tenth Defendants, who deny all alleged wrongdoing. 21 week trial to take place in 2025. Shane recently appeared successfully and unled at a recent hearing on the application of privilege to company email accounts: [2022] EWHC 2856 (Comm).

High profile claim brought by a well-known Premiership footballer against WADA alleging liability in negligence and defamation following the dismissal of UEFA doping proceedings against that individual. Mr Sakho (and his image rights company) is seeking career-long damages estimated at £16 million. The claim raised novel issues as regards the existence and scope of any private law duty of care owed by WADA to athletes, as well as complex issues surrounding loss of a chance and the quantification of future football earnings. Junior counsel for WADA (led by Ian Mill KC). The claim settled in 2020.

Shane was instructed to advise the FA in relation to an arbitration claim challenging the lawfulness of UEFA's ban on Russian football teams participating in certain competitions following the Russian invasion of Ukraine (led by Adam Lewis KC).

Acted for the Defendant, a professional motor racing driver in the FIA Formula E Championship and the FIA World Endurance Championship, in a dispute with his managers/funders concerning restrictive covenants in a management contract and alternative claims in unjust enrichment. Successfully obtained summary judgment in favour of the Defendant on the entire Claim. Led by Ian Mill KC.

Substantial contractual claim against a sports commercial rights holder in relation to the correct distribution of revenues, under a series of inter-related agreements, between participants in a top-flight international sporting competition (led by Andrew Hunter KC). The claim settled shortly before trial in October 2020.

Landmark decision of the Court of Appeal concerning the right of the police to charge football clubs for policing on “closed roads” during match days. Sole counsel for the intervener, the English Football League, intervening in support of the successful appellant, Ipswich Town F.C.

Acted on behalf of a well known sports star in a dispute with a former agent and manager claiming purported commission of US$20 million (led by Andrew Hunter KC).

Advised PCB in relation to their arbitration claim against the BCCI for breach of contract in relation to international cricket fixtures (junior counsel to Lord Pannick KC).

Advised a Premiership football club in relation to whether policing services provided in an area surrounding the stadium on match days are chargeable under s25 of the Police Act 1996, following the judgment of the Court of Appeal in Ipswich FC v Chief Constable of Suffolk (led by Adam Lewis KC).

Sole counsel for the Defendant in an ICC arbitration in which a top football club claimed a contractual debt of $8.22 million from one of its former sponsorship partners. 

Junior Counsel for the FA (led by Christopher Coltart KC)

Rule K arbitration concerning the sanctioning of a club owner for acting contrary to Rule E3 in relation to the transfer of a footballer.

The Tribunal upheld the finding of liability and imposed a suspension from footballing activity of 12 months (and fine of 100,000) upon Mr Cellino.   

Sole counsel in a Rule K Arbitration for the FA, in a challenge by a Club owner to sanction following his admission to a number of charged breaches of Rules E1 and E3, following his breach of undertakings to the FA, his acting as a Director/Officer of the Club at times without written confirmation from the FA, and entering into an improper loan agreement purportedly on behalf of the Club. 

Challenge to an FA disciplinary decision following a dispute over an on-field sanction. Sole counsel for the FA.

Advised an international tournament in relation to a potential claim in contract and under the Bradley jurisdiction concerning the application of admissions policies to cases involving serious past criminal convictions.