Philip Shaw

Partner - Dispute Resolution

Practice Areas

Commercial and Real Estate Litigation

Profile

Philip is a founding partner of BrookStreet des Roches and leads the firm's Dispute Resolution team. He has represented clients at all levels of the judicial hierarchy including the Supreme Court.

Philip acts for individuals and sole traders, partnerships, limited companies and plc's across a broad range of topics, some of which have an international element. Philip's experience covers breach of contract, solicitors', accountants' and surveyors' professional negligence, the full ambit of commercial property litigation, judicial review with a particular emphasis on retail, construction and building disputes.

Since 1998, Philip has been an Accredited Mediator and is a member of the Oxford Mediation Group.

Professional Experience

Notable Projects

• National Grid Company Plc v M25 Group Limited [1998] All England Reports (D) 791 - the rent review and third party determination provisions in a lease did not confer on an expert the exclusive power to construe it
• Nurdin and Peacock Plc v DD Ramsdon & Co [1999] All England (D) 112 - overpayments of rent made in the mistaken belief that they were due and owing could be recovered as money paid by mistake, whether the mistake was one of fact or law
• Zaher Nicola Jeries Deir v Fahad Bin Saleh Mohammed Al Athel and Others [2011] EWHC 354 (QB) - acting in “acrimonious litigation” relating to director’s fees including various counterclaims with net judgment of over £250,000 in favour of the claimant
• Kama Aviation Company Ltd v Zaher Nicola Jeries Deir (1) and Jet Connections Ltd (2) [2010] EWHC 1276 (QB) - acting for an agent claiming commission arising from the sale of a Boeing 737 aircraft in complex commercial arrangements with a Saudi Sheikh, with net judgment of more than US$130,000 in favour of the agent
• R (on the application of The Midcounties Cooperative Limited) v Wyre Forest District Council (1) and Tesco Stores Ltd (2) [2010] EWCA Civ 841 - challenging the right of a retailer to build a superstore on the outskirts of an historic town
• Fenton v Holmes [2007] All England ER (D) 12 - solicitor’s negligence action arising out of failure to spot agricultural tie