Barrister Profile

Shaen Catherwood

Year of Call2000

Profile

Principal areas of practice are employment law, 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, local authorities and individuals.

Recommendations

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

Areas of Practice

Employment (and related fields)

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

Recent cases have included:

  • Tiffin v. Lester Aldridge LLP [2012] EWCA Civ 35. 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.
  • Hunter v. McCarrick, UKEAT/0617/10/DA. No service provision change under TUPE where there is a change of client as well as a change of contractor. Successfully acted for the appellant before the EAT. Appeal to Court of Appeal pending.
  • Cavenagh v. William Evans Ltd [2011]. Shaen is appearing for the Appellant director in the Court of Appeal in March 2012. The case concerns the applicability of Boston Deep Sea Fishing v Ansell to a claim for an unpaid PILON.
  • Recently 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.

High Court, including emergency relief

  • 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: undertakens 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.
  • He acted for two company directors in a High Court action involving allegations of breach of fiduciary duty and fraud (led by Colin Wynter QC). The matter was settled on satisfactory terms.
  • He frequently advises on the enforceability of restrictive covenants and other restraints on trade.

Commercial

Shaen has been instructed in a wide variety of commercial work.

Energy & Natural Resources

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

  • Currently acting 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.
  • Currently instructed in an adjudication concerning the supply and installation of transformers in a hydro-electric dam.
  • Currently acting for an international oil and gas company in relation to the recovery of US$8 million in misapplied trust monies.
  • 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 for a national oil company in successfully defending a US$35 million claim in an arbitration concerning disputes arising from an oil transportation agreement (led by Colin Edelman QC).
  • Acted, successfully, in an expert determination concerning a petrochemical construction project.  
  • Advising on issues arising from international supply agreements.

Telecommunications

Shaen regularly advises and acts in telecommunications matters. He has recently been instructed by Orange / Everything Everywhere Limited in four sets of proceedings concerning the location of electronic communications apparatus on third party land.

He has also advised recently 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.

Other commercial

Recent examples of Shaen's commercial practice are:

  • Acting for the purchaser in a claim for breach of a share purchase agreement.
  • Acting 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.
  • 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.
  • 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.

 Other

He has experience in professional negligence, construction law, insolvency, and mediation.

Seminars & Lectures

Shaen has given talks on a wide variety of legal topics including commercial law, employment and telecommunications.

Professional Membership

COMBAR, ELBA, ELA

Additional Information

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).

Education

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

City University: Diploma in Law (Commendation)
New College, Oxford: BA in English Literature (First Class)
King's School, Worcester