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Shantanu Majumdar

| Call 1992

Profile: Overview

In his 20 years at the Bar, Shantanu has practised in most areas known to the law but for over a decade he has specialised in commercial and commercial Chancery litigation, professional negligence and some employment. He thinks very hard about his cases for, as a famous Roman once said: “Grasp the subject matter and the words will follow”.

 

Experience and Expertise

Shantanu undertakes litigation, arbitration (LCIA, ICC, SIAC, Swiss Rules as well as ad hoc) and advisory work in the following fields:

Commercial: Insurance, sale of goods, financial contracts, agency (inc. Commercial Agents), credit & security, banking & financial services, telecommunications, economic torts, bailment & conversion.

He is ranked as a leading junior in commercial litigation in both Chambers & Partners - "Our go-to counsel on commercial contractual issues" and the Legal 500 - "Superb on paper and a very talented advocate." & "A very good trial advocate with a light touch."

"A highly intelligent lawyer, who is excellent in court." (Commercial Litigation, The Legal 500, 2017)

"Very good with difficult clients."

"He's hands-on and a great tactician." (Chambers UK 2018)

Commercial Chancery: insolvency and company, partnership and joint ventures, confidential information, directors and other fiduciaries, trusts.

He is ranked as a leading junior in commercial chancery in Chambers & Partners - "he is very, very good and gets behind the client" and “he has got a really nice courtroom manner, and always comes across as unruffled.”

"Great to work with and a go-to barrister for complex chancery work." (Chambers UK 2018)

Fraud from simple deceit to international asset tracing, breach of fiduciary duty, dishonest assistance, fraudulent trading and transactions defrauding creditors.

He is ranked as a leading junior in commercial fraud in the Legal 500 - "Very proactive and commercial" & "After seeing him in court, you would definitely instruct him."

"He works tirelessly for his clients and never leaves a stone unturned." (Fraud: Civil, The Legal 500, 2017)

Professional Negligence: Solicitors, barristers, brokers, financial advisers, accountants, insolvency practitioners, surveyors and engineers - with particular expertise in limitation issues.

He is ranked as a leading junior in professional negligence in The Legal 500, noted as being:

Energy & Utilities: Oil & gas, renewable energy/carbon emission reduction (inc. CERT) and water.

Engineering: from giant water pumps in Wales to boric acid filtration plants in Turkey.

Limitation

Privilege and disclosure/e-disclosure

Conflict of laws: Choice of law / jurisdiction disputes in a wide range of fields.

Emergency interim relief Freezing, anti-suit/anti-arbitration and other injunctions – prohibitory and mandatory; Norwich Pharmacal/Bankers Trust orders; stop orders.

Employment: High Court - wrongful dismissal and other contractual claims, restraint of trade, breach of duty, business secrets & confidentiality.

 

Cases and Work of Note

 

Publications

Books:

The Law of Limitation (Bloomsbury) – editor of the chapters on (1) Contract, (2) Professional Negligence (3) Latent Damage and (4) Fraud, Deliberate Concealment & Mistake

Civil Court Practice (“the Green Book”) (Lexis Nexis) – member of editorial board and editor of the chapter on limitation.

Butterworths Civil Court Precedents – co-editor (with other members of chambers) of the section on insolvency.

Member of the editorial board of Lexis PSL Commercial and author of the Lexis PSL practice notes on limitation and professional negligence.

 

Articles (including):

An impossible position: fraud claims, solicitors and their fees in Butterworths Journal of International Banking and Financial Law (May 2015)

‪The Revised LCIA Arbitration Rules 2014‬ with Georg Scherpf of Luther Rechtsanwaltgesellschaft mbH in ‪Zeitschrift für Schiedsverfahren (SchiedsVZ) - German Arbitration Journal (German Arb. J.). SchiedsVZ 2014, 227. C.H. Beck Verlag‬.

Entire agreement, non-reliance clauses & contractual estoppel - what do they prevent and how?

Hanby v Clarke: The Court of Appeal’s “residual” arbitration appeals jurisdiction under s 16 of the Senior Courts Act 1981.

Aluminium, fish and some unusual collateral: the pitfalls of lending on the security of your own shares - Butterworths Journal of International Banking and Financial Law – July/August 2011 – Robert Tchenguiz’s unusual loan arrangements with his Icelandic bankers.

Trust Me – Commercial Litigation Journal, October 2010 – a review of the law relating to limitation and fiduciaries.

To have & have not – New Law Journal (2010) 160 NLJ 348 - Axa Insurance Ltd v Akther: limitation and professional negligence – the date of occurrence of actual loss. (Cited in Charlesworth & Percy on Negligence 12th Ed)

Insolvency set-off and security: anomaly or principled exception? - Journal of International Banking and Financial Law (2009) 11 JIBFL 652.

Reverse Gear - Part 1 and Part 2 – New Law Journal (2009) 159 NLJ 1015 and 159 NLJ 1053 – Paulin v Paulin & Cativo Ltd: a judge’s jurisdiction to change his mind between judgment and order - the test on an application to annul a bankruptcy on the debtor’s own petition.

A matter of some interest – New Law Journal NLJ (2008) 158 NLJ 435 – the requirement of insurable interest in non-indemnity insurance.

 

Seminars

17 June 2015 “Cross-Examination in International Arbitration” an advocacy workshop organized by DIS40 (the young arbitrators’ initiative of the German Institute of Arbitration) and held at the offices of CMS Hasche Sigle in Hamburg.

5-6 May 2014 "Forgiveness before and after the event - the position of trustees" at the Chancery Bar Cayman Conference 2014 on relief for breach of trust under s 61 of the Trustee Act 1925.

16 May 2013 IQPC’s 8th Information Governance and eDisclosure Summit with Tom Spencer, Senior Counsel at GlaxoSmithKline on “Managing eDisclosure Costs: The Jackson Reforms and their Implications for Corporations”.

27 June 2012 A US/UK judicial seminar on technology in e-disclosure hosted by Epiq Systems with Senior Master Whitaker, US Magistrate Judge Andrew Peck and Bob Lewis MBE, Global Director of CFI/eDiscovery, Barclays http://www1.axisto.co.uk/webcasting/investis/epiq/epiq-panel-debate/

 


The Legal 500 - The Clients Guide to Law Firms

Ranked In – UK Bar Chambers 2018 – Leading Barrister

Shantanu Majumdar
“Urbane, approachable, erudite and possessing a quick, pragmatic and ready grasp of the essentials.”

Instructing Solicitor