Sharif A Shivji

Areas Of Practice

Sharif is a former derivatives trader and has a degree in economics from the LSE. He regularly acts in large commercial disputes, especially in a financial services or insolvency context.

His recent directory entries include: Chambers UK 2011 for Chancery Commercial (‘[a] comprehensive understanding of actions with a financial services flavour') and Company Law (‘the career of Sharif Shivji continues its ascendance. Company practitioners speak of a "thorough and well-prepared" lawyer with "a very sharp mind"'). Chambers UK 2010 for Company Law (‘"a definite star of the future"...') and Chambers UK 2009 for Commercial Dispute Resolution ("Sharif Shivji previously worked as a derivatives trader, and so is considered ideally placed to handle financial services disputes') and Company Law ('Sharif Shivji is a widely respected figure at the chambers, and "a skilled advocate with immense potential"').

Sharif has recently been appointed to the Attorney General's B Panel of Counsel, and acts for the government from time to time.

In 2009, Sharif was the only barrister selected by Financial News in its 100 Rising Stars feature (‘Shivji is an authority when it comes to financial services disputes'). In 2008, Sharif was listed as one of ten "Future Stars at the Bar" by Legal Week. In 2007, Sharif was one of two junior barristers included in the "Bar" section of The Lawyer's 'Hot 100'.

Commercial Law & Banking / Financial Services Law

Sharif often acts in large commercial disputes, in particular those with a financial services element. He has recently been involved in a number of off-shore hedge fund cases. He has a degree in economics and has specialist knowledge of the financial markets; in particular, trading on international stock-exchanges, foreign exchange trading, derivatives trading (including financial and commodity futures, options, CFDs, swaps, structured products and risk management systems) and corporate finance. Sharif provides advice to banks, hedge funds and other financial institutions and their customers in relation to trading disputes and on regulatory matters under FSMA 2000 and the FSA rules. He has acted in many disputes relating to swap transactions (under the ISDA Master Agreement) and financial collateral.

Corporate Insolvency Law

Sharif has considerable experience in insolvency litigation, including acting in contested administration applications, winding-up petitions, voluntary arrangements, transaction avoidance cases, and applications to restrain presentation and advertisement of petitions. He has recently appeared in a number of cases involving trust claims and the distribution of client assets or money in an insolvency context (including Lehman Brothers International Europe, BA Peters plc and PRG Powerhouse). He also has specific expertise in cross-border insolvency including UNCITRAL and the Cross-Border Insolvency Regulations 2006.

Company Law

This is the backbone of Chambers' work and Sharif has acted in and advised on numerous company law disputes raising questions of directors' duties, directors' disqualification, shareholder rights and company dissolution and revival. He also advises on company constitutional issues.

Commercial Fraud and Asset Recovery

Sharif has detailed knowledge of many aspects of commercial fraud litigation, including freezing and proprietary injunctions and search and disclosure orders. Sharif's masters thesis was on the topic of international asset recovery.

Cases Of Interest

The Law Debenture Trust Corporation v Elektrim SA [2010] EWCA Civ 1142: Court of Appeal, acted for the respondent in an appeal on construction, estoppel and loss of a chance issues.
Agrimarche Ltd [2010] EWHC 1655: acted for the liquidators in an application for directions on the valuation of commodity option contracts.
BA Peters [2010] 1 BCLC 110: acted for a successful claimant in a dispute involving the distribution of client assets and money in the administration of an insolvent ship broker.
Lehman Brothers International Europe [2009] EWHC 2545: acted for a hedge fund, the RAB Market Cycles (Master) Fund, in its successful claim that collateral assets (worth several billion US$s) were held by the bank on trust for its clients. Led by Jules Sher QC.
The Law Debenture Trust Corporation v Elektrim SA [2009] EWHC 1801: acted for the claimant in its action for a contingent payment pursuant to a bond issue. The case involved the valuation of a Polish conglomerate (including the discounted cash flow method of valuation) and issues relating to the International Accounting Standards. The claimant obtained judgment in the sum of €185 million. Led by Robert Miles QC and Andrew Clutterbuck.
Westoak Holdings v Demetroudi [2008] EWHC 2924: acted in a 10 day trial for a finance company in a claim on a guarantee.
Baron Jon Menswear [2008] BCC 542: acted for the administrator in a contested application for leave to bring proceedings against company in administration.
Geniki Investments Ltd v Ellis Stockbrokers Ltd [2008] 1 BCLC 662: acted for an investor in a claim against a stockbroker for breach of Financial Services legislation and breach of contract for unauthorised trading on international stock markets.
HM Revenue & Customs v Richard Alan Crossman [2008] 1 All ER 483: acted for a debtor, seeking to defend insolvency proceedings on public law principles.
Smart-Tel (UK) Ltd [2007] BCC 896: acted for a director in his successful application for costs, following discontinuance of directors' disqualification proceedings against him.
Secretary of State for Trade & Industry v Jonkler [2006] 1 WLR 3433: acted for a director in her successful application to vary a disqualification undertaking given by her pursuant to section 8A of the Company Directors Disqualification Act 1986.
Daraydan & others v Solland International & others [2005] Ch 119: acted for the defendants in a 4 week trial involving issues of bribery, conspiracy to defraud and international asset tracing. Led by Edward Bannister QC.
Giles v Rhind [2003] Ch 618: Court of Appeal, acted for a shareholder in relation to an appeal on the reflective loss principle. Led by George Bompas QC.

Publications

"Financial collateral: trust issues in the administration of Lehman Brothers" (2010) 25(1) BJIB&FL 11.
"The Cross-Border Insolvency Regulations 2006: An Emerging Jurisprudence" American Bankruptcy Institute Journal Jan 2008, 40
"The Cross Border Insolvency Regulations 2006" (2007) 23(2) IL&P 37.
Contributor to Annotated Companies Acts, Oxford.
Atkins' Court Forms: Insolvency Volumes 9(2) to 9(4).
Tolley's Company Law: Investigations by the BERR.

Academic

BSc in Economics from the London School of Economics. MA in Law from City University (thesis on Equitable Tracing). Wolfson Scholar, Lincoln's Inn and Sir Walter Wigglesworth Scholar, Lincoln's Inn.