Shakil Najib

Viewing: Professional Negligence 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 including professional negligence claims. He has advised on and appeared in a wide variety of professional negligence cases involving solicitors, surveyors, architects, insurance brokers, insolvency practitioners and accountants.
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 in a solicitors’ professional negligence case arising out the mishandling of a bankrupt estate.
- Acting in a claim against a architect for negligent design of a GBP 3m property.
- Acting in a claim against an insurance broker for failure to effect suitable insurance.
- Acting in a claim against accountants and insolvency practitioners for mishandling the insolvency of a number of group companies.
- Advising in a claim against the Official Receiver and Trustee in Bankruptcy in relation to mishandling of a bankrupt’s estate.
- Representing mortgagors at the trial of their claim against a mortgagee in possession alleging that the mortgaged property was sold at an undervalue.
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