Shakil Najib - Commercial Litigation
Shakil is highly regarded for his expertise in commercial and chancery litigation. His practice covers a broad range of domestic and international commercial work with a particular emphasis on company, insolvency and partnership litigation:
Commercial: Dealing with a wide variety of contractual and commercial disputes relating to the supply of goods and services, secured finance agreements, agency, banking, mortgage agreements, enforcement of guarantees, retention of title agreements, insurance agreements, bailment and professional negligence.
Company: Representing companies, directors, shareholders and creditors in all aspects of company litigation including applications under the Companies Act 2006, claims in respect of breach of directors’ duties, derivate claims and all types of shareholders’ disputes (including, in particular, unfair prejudice petitions). Acting in Directors’ Disqualification proceedings on behalf of directors and the Secretary of State.
Insolvency: Dealing with aspects of corporate and personal insolvency including receiverships, administrations, liquidations, bankruptcies, company and individual voluntary arrangements, the adjustment of antecedent transactions, tracing and recovery of corporate assets and wrongful trading and misfeasance claims.
Partnership: Representing partners and former partners in all aspects of partnership disputes, including preliminary disputes as to the existence and constitution of partnerships, retirements and evictions, the construction and enforcement of partnership agreements and claims for post dissolution accounts and enquiries.
Interlocutory and Interim Applications: Acting in a wide range of interlocutory and interim applications including freezing and other injunctions, disclosure related applications, security for costs, summary judgment, strike out applications, charging orders and costs related applications.
Public and Administrative Law: As Treasury Counsel acting for various Secretaries of State and government departments in judicial review and other public law proceedings.
Shakil is a skilled advocate and regularly appears in the County Court and in all divisions of the High Court and has significant experience representing clients in mediations. He is known for his approachable manner and his appreciation of the commercial realities of disputes and of clients' practical requirements.
He is a regular contributor to Corporate Rescue and Insolvency and is a frequent speaker at insolvency and commercial law seminars.
Shakil has regularly been listed by Chambers & Partners as a leading junior (Band 1):
• Chambers and Partners 2016: "He is a strong and powerful advocate with a substantial eye for detail. He is also very client-aware and analytical, always seeking out the maximum evidence to support a claim." "Particularly strong on his feet and has a very thorough grasp of commercial matters."
• Chambers and Partners 2015: Shakil Najib handles a wide range of matters in the field of company law, including those arising from partnership disputes. He is an authority on contract law and insolvency, and has experience of acting as lead counsel.
· Chambers and Partners 2014: ‘renowned for high-quality representation in company and insolvency litigation’; ‘we have been very impressed with his expertise and efficiency’; ‘Receives strong feedback for the partnership law dimension of his broader commercial and company law practice.’; ‘He is an impressive character. He is very good on his feet. Clients find him authoritative and forthright’.
· Chambers and Partners 2013: ‘has a strong presence in company law’; ‘very approachable and helpful’.
• Acting for a BVI company in a restitutionary claim for the return of monies paid for the purchase of shares in a UK company.
• Representing and advising an Italian parent company as to its potential liability under a letter of comfort provided to a UK subsidiary;
• Advising HSBC Bank Middle East Limited in relation to proposed bankruptcy proceedings against an English footballer in respect of AED 28.3m (£4.9m) liability under a loan agreement governed by the Federal Laws of the United Arab Emirates.
• Acting in a claim by a Dutch company arising from the supply of heavy machinery to a UK company.
• Acting in an application to determine whether a HK$15m judgment of the Court of Appeal of Hong Kong could be enforced by way of bankruptcy proceedings in England.
• Representing Indesit Ltd in injunction proceedings to restrain the Administrator of a customer company from selling or disposing of Indesit stock contrary to its retention of title clause.
• Representing mortgagors at the trial of their claim against a mortgagee in possession alleging that the mortgaged property was sold at an undervalue.
• Acting in a solicitors’ professional negligence case arising out the mishandling of a bankrupt estate.
• Representing a liquidator in claims arising from transactions defrauding creditors and preferences and for breach of directors’ duties and misfeasance.
• Acting for a shareholder and director in a claim for breach of fiduciary and other directors’ duties and in his proposed section 994 petition.
• Acting for a shareholder and director in a derivative claim;
• Representing a number of former partners in the accounts and enquiries phase of a substantial partnership dispute in which the partnership assets included a significant number of buy to let properties.
• Sun Legend Investments Ltd v Ho  B.P.I.R. 533 (bankruptcy on foreign debt)
• Re Eco Link Resources Ltd  B.C.C. 731 (invalid appointment of Administrators)
• Cobbetts LLP v Hodge  1 B.C.L.C. 30 (Breach of fiduciary duty by partner)
• Fender v National Westminster Bank Plc  3 E.G.L.R. 80 (charge released by mistake)
• Re Needwood Managed Services Limited  EWHC 3519 (ChD) (injunction restraining administrator from selling the company’s business and assets).
• Choudary v Nawaz & Ors  EWCA Civ 1355 (CA) (intention required to create partnership)
• Unadkat & Co (Accountants) Ltd v Bhardwaj  B.C.C. 452 (priority of various types of costs incurred in declaring the dissolution of a company to be void).
• Ram v Ram (No.2)  B.P.I.R. 628 (CA) (order under Matrimonial Causes Act 1973 s.24A when husband bankrupt).
• Ram v Ram (No.1)  2 B.C.L.C. 476 (CA) – (whether property should vest in Trustee or wife after a transaction at undervalue was set aside).
Public and Administrative
• Gu v SSHD  EWHC 1634 (Admin) (scope of the ‘Evidential Flexibility’ policy)
• Bailey v SSHD  EWHC 1078 (Admin) (scope of the ‘no ties’ rule)
• Askaravi v SSHD  EWHC 2023 (Admin) (whether policy to grant DLR unlawful)
• Vagh v SSHD  EWHC 1841 (Admin) (whether foreign passport prima facie evidence of nationality)
• TN v SSHD  EWHC 3296 (Admin) (whether Judicial Review is an adequate remedy for the purposes of EU law)
• University of Birmingham LL.B (Hons)
• The London School of Economics and Political Science
LL.M Corporate and Commercial Law – Awarded with Distinction
• Chancery Bar Association
• Commercial Bar Association
• Midland Chancery and Commercial Bar Association
Treasury Counsel (2010)
Recorder and a Deputy Upper Tribunal Judge
French, Urdu and Punjabi