Paul
Shenton

Paul deals with cases for both landlords and tenants to provide cost-effective solutions in housing disrepair matters. He also has a detailed understanding of the complexities involved in the field of CWI cases and a life-long interest in property-related matters, as his father was an architect.

As Direct Access Counsel, Paul can be instructed directly by the client or via the instructed solicitors. Direct instruction is often favoured by international clients. Clients previously assisted include those from: Australia, USA, Gibraltar, Nigeria, South Africa and the BVI. - Costs Management - Attending CMC and CCMC hearings. Advising and assisting clients with Precedents H, R and T. - Points of Dispute and Replies – Drafting and advising on these key documents in the detailed assessment process. Often prepared/considered in conjunction with Part 36 Offers. - Bills of Costs - Advice on the scope and interpretation of Costs Orders and the consequential impact on the preparation of a Precedent S Bill of Costs. - Solicitor own client disputes - remains a growing area of dispute following the Court of Appeal decision in Belsner v Cam Legal Services Limited [2022] EWCA Civ 1387. Many issues remain unresolved in respect of the Solicitors Act 1974. - Advice/Negotiations – often an independent third party can be vital in the resolution of complex issues and disputes. - Costs Mediations - Costs and/or commercial litigation disputes training sessions for solicitor clients and organisations. - Commercial Litigation work by definition, leads to an interesting variety of work for Advocacy and Advice – these include by way of example: Business disputes, Property disputes, Inheritance disputes, Tax litigation, Group Litigation, Professional Negligence claims and Debt disputes.

These cases are listed to demonstrate the range and extent of expertise obtained in over 30 years of experience: - BBL v Eagle Star & Others [1995] 2 All ER 769 – acted for 2 of the 6 Claimant Lenders in the Court of Appeal. These group of cases went onto the Supreme Court and were known as the SAAMCO Appeals [1997] AC 191. Still one of the lead cases on the quantification of damages in professional negligence cases. - NHL v Giffen Couch & Archer [1997] EWCA Civ 1893 – acted for the Claimant Lender in a solicitor’s negligence test case. - Barclay’s Bank v Weeks Legg & Dean [1998] EWCA Civ 868 – acted for the Bank in 2 of the 3 Appeals, dealing with the Bank’s standard form of Undertaking with Solicitors. - Griffiths v Solutia UK Limited [2001] EWCA Civ 736 – acted for the Chemical company Defendant in a dispute over the lay Claimants from North Wales instructing a London firm of solicitors. - Inline Logistics v UCI Logistics Limited [2002] EWHC 9021 (costs) – Paul represented the successful Defendant in recovering the costs of their commercial ATE policy, obtained during the transitional provisions prior to the introduction of the CPR. - NG Bailey v Amec Design & Management Limited [2003] EWHC 9012 – case considered the ambit of disclosure of documents during a substantial multi-million pound detailed assessment hearing in the SCCO. - Dennis Rye v Liquidators of Ashfield Nominees [2005] EWHC 1189 (Ch) – High Court Appeal case concerning the recoverability of legal costs in liquidation proceedings. - JN Dairies v Jodal Dairies [2011] EWHC 90211 – acted for Burgess Salmon in a long running dispute as to the efficacy of retrospective conditional fee agreements. - Daad Sharab v Prince Alwaleed Bin Talal [2013] EWHC 2324 – costs dispute arising out of the sale of an aeroplane to Colonel Gaddafi for a $10 million broker’s commission. - Wilson’s Solicitors v Bentine and SRB v JCL [2015] EWCA Civ 1168 – the first time in over 100 years that the Court of Appeal had looked at the impact and application of the 80% rule and special circumstances in the recoverability of costs in solicitor own-client disputes. - Peterborough & Stamford Hospitals NHS Trust v McMenemy [2017] EWCA Civ 1941 – Court of Appeal case, acted for the ATE Insurer Arag, who were successful in respect of the recoverability of their ATE Insurance premiums in clinical negligence cases and how their premiums had been calculated.

Belsner v Cam Legal Services – The Case Of The Year Already? - Belsner v Cam Legal Services – The Case Of The Year Already?