Shakil Najib

Viewing: Commercial Litigation for Shakil Najib

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 and Partners as a leading junior (Band 1)
Recent/notable cases
- 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
Languages
French, Urdu and Punjabi
Recommendations
Experienced in company, partnership and insolvency litigation with a specialism in unfair prejudice disputes. Much of his work arises from the enforcement of securities such as guarantees, the exchange of goods and services, and contractual disputes. Strengths: “Very professional”
Chambers UK 2019 (Company)
Advises on and litigates a comprehensive range of partnership cases. These cover everything from questions concerning the initial establishment of partnerships through to issues arising from their dissolution. He is particularly at home handling matters involving business partnerships in the commercial property and hospitality sectors. He also acts extensively for professional service and medical partnerships and is especially respected for his determined and persuasive advocacy. Strengths: “He’s very easy to deal with and accessible.”
Chambers UK 2019 (Partnership)
“A highly knowledgeable barrister.”
Legal 500 2019
Experienced in company, partnership and insolvency litigation with a specialism in unfair prejudice disputes. Much of his work arises from the enforcement of securities such as guarantees, the exchange of goods and services, and contractual disputes. Strengths: “He’s very big on director disqualification, and very active in that area.”
Chambers UK 2018
Experienced in company, partnership and insolvency litigation with a specialism in unfair prejudice disputes. Strengths: “He’s very clear, pragmatic, commercially astute and very driven to achieving a good result.”
Chambers UK 2017
Notable Cases
- Sun Legend Investments Ltd v Ho [2013] B.P.I.R. 533 (bankruptcy on foreign debt)
- Re Eco Link Resources Ltd [2012] B.C.C. 731 (invalid appointment of Administrators)
- Cobbetts LLP v Hodge [2010] 1 B.C.L.C. 30 (Breach of fiduciary duty by partner)
- Fender v National Westminster Bank Plc [2008] 3 E.G.L.R. 80 (charge released by mistake)
- Re Needwood Managed Services Limited [2007] EWHC 3519 (ChD) (injunction restraining administrator from selling the company’s business and assets).
- Choudary v Nawaz and Ors [2007] EWCA Civ 1355 (CA) (intention required to create partnership)
- Unadkat and Co (Accountants) Ltd v Bhardwaj [2007] 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) [2005] B.P.I.R. 628 (CA) (order under Matrimonial Causes Act 1973 s.24A when husband bankrupt).
- Ram v Ram (No.1) [2005] 2 B.C.L.C. 476 (CA) – (whether property should vest in Trustee or wife after a transaction at undervalue was set aside).
- Gu v SSHD [2014] EWHC 1634 (Admin) (scope of the ‘Evidential Flexibility’ policy)
- Bailey v SSHD [2014] EWHC 1078 (Admin) (scope of the ‘no ties’ rule)
- Askaravi v SSHD [2013] EWHC 2023 (Admin) (whether policy to grant DLR unlawful)
- Vagh v SSHD [2012] EWHC 1841 (Admin) (whether foreign passport prima facie evidence of nationality)
- TN v SSHD [2011] EWHC 3296 (Admin) (whether Judicial Review is an adequate remedy for the purposes of EU law)
Appointments
Treasury Counsel (2010)
Recorder and a Deputy Upper Tribunal Judge
Memberships
Chancery Bar Association
Commercial Bar Association
Midland Chancery and Commercial Bar Association
Qualifications
University of Birmingham LL.B (Hons)
The London School of Economics and Political Science
LL.M Corporate and Commercial Law – Awarded with Distinction

Latest News & Publications

Shakil Najib and Timothy Harrington appointed as a Recorders...

Date: Fri, 23 Mar 2018
Shakil Najib appointed Deputy Upper Tribunal Judge...

Date: Mon, 19 Mar 2018