very pragmatic and possessed of fantastic client care skills

Shaen Catherwood
Year of Call 2000

Shaen’s principal areas of practice are employment law, injunctions and other emergency relief, international commercial arbitration (particularly concerning the energy and petrochemicals industries), other commercial disputes, and telecommunications. He acts for a wide range of clients including international energy companies, UK public companies, insurers, and individuals.

Recent notable cases include:

  • Electricity Utility v. Manufacturer  (ongoing). Shaen is currently acting for a national electricity utility in a multi-million euro arbitration concerning the supply and installation of transformers in a hydro-electric dam. At the full hearing of the matter he was led by Colin Edelman QC. The tribunal's award is pending. Shaen had previously succeeded in obtaining an adjudication award in favour of his client in relation to the same dispute
  • Oil Major v. Oil Companies (ongoing). Acting in arbitral proceedings for a national oil company in a claim against various oil companies for the recovery of monies misapplied under a commercial trust. Shaen had previously acted for the same client in a related arbitration in which his client successfully resisted a claim for US$35million 
  • Oil Major v. Oil Major (ongoing). Acting for an international oil major in relation to a high profile dispute concerning the termination of a farm-out agreement
  • Oil Major v. Government and others. Advised a national oil company in relation to contractual issues arising from a troubled gas exploration and development project
  • Lindsay v. LSE [2013] EWCA Civ 1650. Successfully acted for the LSE before the Court of Appeal in resisting an appeal concerning allegations of racial harassment, race discrimination, and victimisation. [2014] Acted successfully for the LSE at the remitted hearing of the victimisation claim, which was dismissed by the same tribunal that had previously upheld the complaint
  • Euromark Ltd v. Smash Enterprises Pty Ltd [2013] EWHC 1627 (QB). Acted for the Claimant in an application to set aside service out of the jurisdiction.
  • Hunter v. McCarrick [2013] ICR 235; [2013] IRLR 26. No service provision change under TUPE where there is a change of client as well as a change of contractor. Shaen successfully acted for the appellant before the Court of Appeal
  • Cavenagh v. William Evans Ltd [2012] ICR 1231; [2012] IRLR 679; (2012) 156(23) S.J.L.B.; [2012] 5 Costs LR 835. Payment in lieu of notice must be made notwithstanding prior misconduct. Shaen appeared in the Court of Appeal for the successful appellant
  • Tiffin v. Lester Aldridge LLP [2012] 2 All ER 1113; [2012] 1 WLR 1887; [2012] ICR 647; [2012] IRLR 391. Fixed share partner is not an employee. This is now the leading case on the application of s.4(4) of the Limited Liability Partnerships Act 2000. Shaen appeared for the Appellant in the Court of Appeal
  • Government v. Oil Companies (2010). Acted for three national oil companies in defending a US$1.276 billion claim in an arbitration concerning rights to an oil transportation system (led by Colin Edelman QC). Claim settled following full hearing in 2010
  • New ISG Ltd v. Vernon & Ors [2008] IRLR 115; [2008] ICR 319; The Times 12/12/2007. TUPE: post-transfer objection was valid where there is no consultation. Acted for two of the defendants in successfully resisting application for injunctive relief
  • RECOMMENDATIONS

    "Experienced, thorough and excellent with clients," market sources report. He recently appeared in the Court of Appeal in Tiffin v Lester Aldridge, in which the court considered whether a fixed share partner of a limited liability partnership is an employee. - Chambers UK 2013

    Extremely clever, commercial, effective in court and good with clients, Shaen Catherwood is "an exceptional junior on a wide range of issues." - Chambers UK

    Noted as being "very pragmatic and possessed of fantastic client care skills." - Chambers UK 2012

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  • Employment

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    Shaen undertakes representation and advisory work in all areas of employment law and related fields including discrimination, unfair dismissal (including redundancy), and TUPE. Clients that he has acted on behalf of include British Airways, BP, Alcoa Group, Coca-Cola, and The LSE.  He appears in both the employment tribunals, the Employment Appeal Tribunal and the Court of Appeal.

    Recent cases have included:

    • Lindsay v. LSE [2013] EWCA Civ 1650. Successfully acted for the LSE before the Court of Appeal in resisting an appeal concerning allegations of racial harassment, race discrimination, and victimisation. [2014] Acted successfully for the LSE at the remitted hearing of the victimisation claim, which was dismissed by the same tribunal that had previously upheld the complaint
    • Hunter v. McCarrick [2012] EWCA Civ 1399. No service provision change under TUPE where there is a change of client as well as a change of contractor. Shaen successfully acted for the appellant before the Court of Appeal.
    • Cavenagh v. William Evans Ltd [2012] EWCA Civ 697; [2012] ICR 1231; [2012] IRLR 679; (2012) 156(23) S.J.L.B.; [2012] 5 Costs LR 835. Payment in lieu of notice must be made notwithstanding prior misconduct. Shaen appeared in the Court of Appeal for the successful appellant
    • Asif v Elmbridge Borough Council [2012] UKEAT/0395/11/DM. Appeared for the Appellant in case concerning unfair selection for redundancy and the making of concessions before a tribunal
    • Tiffin v. Lester Aldridge LLP [2012] EWCA Civ 35; [2012] IRLR 391. Fixed share partner is not an employee. This is now the leading case on the application of s.4(4) of the Limited Liability Partnerships Act 2000. Shaen appeared for the Appellant in the Court of Appeal
    • Advised a charity on issues concerning employee PHI cover
    • Castelino v. British Airways [2010]. Acted for BA in successfully defending claims of discrimination on grounds of age, race and sex, and victimisation. A costs application, in which he also acted, was successful, resulting in an order for assessment in the County Court, capped at £50,000 [2011]
    • Kovats v. LLP [2009] ICR 1140. Member of a limited liability partnership was not its employee: interpretation of s.4(4) of the Limited Liability Partnerships Act 2000. Acted for the LLP in successfully resisting the appeal.
    • Caswell & Ors v. ipTEST Ltd [2007]. Successfully resisted claims that employees of insolvent company transferred to phoenix company under TUPE
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  • Restrictive Covenants & Injunctions

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    • Temple Legal Protection Ltd v Lent (2014) (High Court, Chancery Division). Acted for the Defendant in relation to a claim for springboard relief in relation to alleged misuse of confidential information. Proceedings settled.
    • Employer v. Former Employees (2014). Advising employees in relation to threatened application for injunctive relief.
    • Employer v. Former Employees (2013). Advised company in relation to employees' apparent breaches of post-termination restrictions and misuse of confidential information.
    • Earthworks Environment & Resources Ltd v. Beale (2013). Currently acting for claimant company in High Court injunctive proceedings against former employee.
    • Seaco SRL and another v. Buss Capital GMBH & Co KG and others (2012). Acting for a departing employee in High Court litigation concerning allegations of misuse of confidential information, breach of contractual and fiduciary duty and conspiracy. Case settled.
    • Recently acted for building suppliers in restraining departing employee from joining competitor. The matter concluded satisfactorily upon the former employee agreeing to abide by the contractual restriction (2012)
    • Recently advised as to the scope of restrictive covenants in a solicitors' members agreement (2011)
    • Successfully acted for IT company in restraining departing employee from joining competitor: undertakings given without proceedings being issue (2011)
    • Santia Consulting Ltd v. Simmons and Ors [2011]. Acted for respondents in relation to application for springboard injunction and other relief
    • SFIA Limited v. Fisher [2011]. Acted for claimant in action for breach of restrictive covenants and breach of confidentiality. Undertakings given and speedy trial ordered
    • New ISG Ltd v. Vernon & Ors [2008] IRLR 115; [2008] ICR 319; The Times 12/12/2007. TUPE: post-transfer objection was valid where there is no consultation. Acted for two of the defendants in successfully resisting application for injunctive relief
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  • Energy & Natural Resources

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    Shaen has developed particular experience in disputes involving the energy and petrochemical industries, including:

    • Electricity Utility v. Manufacturer  (ongoing).Shaen is currently acting for a national electricity utility in a multi-million euro arbitration concerning the supply and installation of transformers in a hydro-electric dam. At the full hearing of the matter he was led by Colin Edelman QC. The tribunal's award is pending. Shaen had previously succeeded in obtaining an adjudication award in favour of his client in relation to the same dispute
    • Oil Major v. Oil Companies (ongoing). Acting in arbitral proceedings for a national oil company in a claim against various oil companies for the recovery of monies misapplied under a commercial trust. Shaen had previously acted for the same client in a related arbitration in which his client successfully resisted a claim for US$35million
    • Oil Major v. Oil Major (ongoing). Acting for an international oil major in relation to a high profile dispute concerning the termination of a farm-out agreement
    • Oil Major v. Government and others. Advised a national oil company in relation to contractual issues arising from a troubled gas exploration and development project
    • Acted for an international oil and gas company in defending an arbitral claim for breach of a farm-in agreement concerning an off-shore drilling project
    • Acted for three national oil companies in defending a US$1.276 billion claim in an arbitration concerning rights to an oil transportation system (led by Colin Edelman QC). Claim settled following full hearing in 2010
    • Acted for a national electricity company in a US$50 million claim in an arbitration concerning alleged exclusive rights of power supply (led by Colin Edelman QC)
    • Acted, successfully, in an expert determination concerning a petrochemical construction project
    • Advising on issues arising from international supply agreements
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  • Commercial Litigation

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    For energy and telecommunications work see separate headings

    Recent examples of Shaen's general commercial practice are:

    • Euromark Ltd v. Smash Enterprises Pty Ltd [2013] EWHC 1627 (QB). Acted for the Claimant in an application to set aside service out of the jurisdiction.
    • Pritchard v Merchant House Financial Services Ltd (2013). Acted for the claimants in a High Court action to recover sums payable under a settlement agreement. The case included allegations of fraudulent misrepresentation, breach of fiduciary duties and alleged diversion of commissions.
    • Acted for a distributor in connection with alleged breach by a supplier under an international distribution agreement. Shaen recently obtained permission to serve out of the jurisdiction notwithstanding the existence of an exclusive jurisidction clause in favour of Australia.
    • Recently acted in claim concerning alleged breach of an international sale agreement for supply of aluminium (2012). Claim settled satisfactorily.
    • Advised in relation to alleged breach of an international supply agreement (2012)
    • Acted for the purchaser in a claim for breach of a share purchase agreement (2011)
    • Acted for a distributor of food storage housewares in claim brought in the High Court against a former employee (for breach of contract, breach of fiduciary duty and conspiracy) and against a former supplier (for breach of contract, procuring a breach, and conspiracy). The claim was successfully settled before trial with a substantial payment made to the distributor (2010)
    • Acted for a contractor in an action for alleged fraud and breach of fiduciary duty threatened against him by his former client (an international oil company). The matter was settled on satisfactory terms (2009)
    • Acted for shareholders against an employed company director in relation to a potential derivative action and/or claim of unfair prejudice. The director resigned upon receipt of the letter before action and the dispute was brought to a satisfactory conclusion (2009)
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  • Arbitration & Mediation

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    Shaen has extensive experience in the field of international arbitration:

    • Electricity Utility v. Manufacturer  (ongoing).Shaen is currently acting for a national electricity utility in a multi-million euro arbitration concerning the supply and installation of transformers in a hydro-electric dam. At the full hearing of the matter he was led by Colin Edelman QC. The tribunal's award is pending. Shaen had previously succeeded in obtaining an adjudication award in favour of his client in relation to the same dispute
    • Oil Major v. Oil Companies (ongoing). Acting in arbitral proceedings for a national oil company in a claim against various oil companies for the recovery of monies misapplied under a commercial trust. Shaen had previously acted for the same client in a related arbitration in which his client successfully resisted a claim for US$35million
    • Oil Major v. Oil Major (ongoing). Acting for an international oil major in relation to a high profile dispute concerning the termination of a farm-out agreement
    • Oil Major v. Government and others. Advised a national oil company in relation to contractual issues arising from a troubled gas exploration and development project
    • Acted for an international oil and gas company in defending an arbitral claim for breach of a farm-in agreement concerning an off-shore drilling project
    • Acted for three national oil companies in defending a US$1.276 billion claim in an arbitration concerning rights to an oil transportation system (led by Colin Edelman QC). Claim settled following full hearing in 2010
    • Acted for a national electricity company in a US$50 million claim in an arbitration concerning alleged exclusive rights of power supply (led by Colin Edelman QC)
    • Acted, successfully, in an expert determination concerning a petrochemical construction project
    • Advising on issues arising from international supply agreements
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  • Telecommunications & IT

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    Shaen regularly advises and acts in telecommunications matters, including the Electronic Communications Code.

    He recently advised a telecommunications operator in relation to its potential liabilities in respect of call traffic generated through third party fraud.

    He has recently advised BT in relation to various contractual issues.

    He has been instructed by Orange / Everything Everywhere Limited in numerous proceedings concerning the location of electronic communications apparatus on third party land.

    He has also advised in relation to a potential contractual claim concerning call plans.

    He appeared, successfully, for BT in Toneylogo Ltd v. British Telecommunications plc (HC QB Birmingham Mercantile Ct, 1.2.05), LTL 9/2/2005 led by Graham Read QC. The claim concerned artificial inflation of traffic, self-dialling, conspiracy, and procurement of breach of contract.

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  • Additional Information

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    Before being called to the Bar, Shaen worked in publishing. He edited magazines including Diplomat and Foreign Service and was Publisher at Diplomatist Associates Limited. He has practical experience in company management, financial planning, buying, marketing and employee relations (including recruitment, remuneration and disciplinary matters).

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Memberships & Associations

COMBAR, ELBA, ELA

Awards & Scholarships

Only Bar Finals Student graded 'Outstanding' in 2000

Certificate of Honour from Bar Council

Cloisters Award for Top Student, College of Law

Bedingfield Scholarship, Gray's Inn 

Education

City University: Diploma in Law (Commendation)

New College, Oxford: BA in English Literature (First Class)