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MING-YEE SHIU

 

Ming-Yee Shiu is an experienced junior barrister specialising in commercial litigation and employment law. Her practice includes all aspects of employment law with significant crossover work in company and insolvency, commercial fraud and intellectual property. She has extensive experience of High Court injunctions, including applications for search orders, freezing injunctions and other forms of interim relief.

Ming-Yee is consistently recommended as a leading junior in employment law in Chambers UK and the Legal 500:

"impresses with her careful analysis and persuasive advocacy” and "commended for her expertise on restrictive covenant cases” (Chambers UK, 2012)

"an assured and knowledgeable performer with a quiet, confident delivery" (Chambers UK, 2011)

"wins market approval” and "combines a good knowledge of employment law with a detailed understanding of professional negligence and insurance work” (Chambers UK, 2010)

 

    Commercial Litigation & Fraud

Notable cases include:

  • Fundicion Nodular SA v Orchard Development Holdings plc [2012], High Court, Chancery Division (appeal against registration of foreign judgment for €4 million against parent company in United Kingdom arising out of property development in Spain. Listed for 4 day hearing in July 2012)
  • Midlands Regen Ltd v Collyer and others [2012], High Court, Chancery Division (acting for two Part 20 defendants in a fraud claim arising out of an £8 million development in Birmingham. Was listed for 7 week trial in September 2012)
  • Kar Oil v Frion Ltd& Others [2011], High Court, Chancery Division (defending $10 million claim for breach of contract and conspiracy)
  • Industrial Speciality Lubricants Ltd v Rosenzweig [2011], High Court, Chancery Division (claim of conspiracy and breach of contract against sales agent; applications for search order and to use documents in Texas proceedings)
  • Exception VarLtd v Goff and others [2010], High Court, Chancery Division (led by Paul Downes QC in relation to management team move to competitor. Acting without leader, successfully opposed application by Defendant to set aside search order on day of search)
  • Re New York Hedge Fund [2010] (advising on the availability of a freezing injunction as ancillary relief in support of proceedings in New York)

    Company & Insolvency

Notable cases include:

  • Rayment v Remnart Agencies Ltd (In Liquidation) [2011], High Court, Companies Court (handling of claims against insurer of financial adviser in liquidation)
  • Re P&Oplc [2007] Bus LR 554, High Court, Chancery Division (part of 2tg team opposing £4bn scheme of arrangement under Companies Act 1985)
  • Raffles Town Club v Lim [2006] (led by Michael Black QC in relation to appeal in Singapore regarding piercing the corporate veil, ratification and breach of directors’ duties)

 

    Employment

 Notable cases include:

  • A S Ltd v (1) A and (2) E Ltd [2012], High Court, Chancery Division (ongoing - advising software company and preparing application for delivery up and disclosure orders and interim injunctions against former employee and new employer in relation to misappropriation and misuse of customer database)
  • Palmer v East & North Hertfordshire NHS Trust [2010-2012], Employment Tribunal (acting for employer in £1.5 million claim for age discrimination brought by consultant surgeon)
  • Bowers v University Hospitals Birmingham NHS Trust [2011-2012], Employment Tribunal (acting for employer in 3 week hearing of claim by nurse alleging 5 year campaign of race discrimination, victimisation and whistleblowing)
  • W (a firm) v J [2011] (advising law firm in respect of restrictive covenants in limited liability partnership agreement following departure of a senior partner)
  • Lipscombe v The Forestry Commission [2011], High Court, QBD (defending claim of breach of contract by former employee in relation to early retirement scheme)
  • Stone Computers Ltd v Ward &Ors [2010], High Court, Chancery Division (led by Paul Downes QC in applications for injunctive relief including delivery up and disclosure orders, interim injunctions and a springboard injunction in proceedings for breach of confidence, conspiracy, breach of contract and breach of copyright against former employees)
  • Quadrant Catering Ltd v Smith [2010], EAT/0362/10, Employment Appeal Tribunal (defending appeal by employer relating to test for unfair dismissal)

    Insurance & Reinsurance

Ming-Yee advises and acts in relation to all aspects of insurance and reinsurance disputes including misrepresentation, non-disclosure, fraud and subrogation arising out of property, professional indemnity, directors and officers and public liability policies. She has particular experience of issues of jurisdiction and choice of law.

    Professional Negligence

In the field of professional negligence, Ming-Yee is equally accustomed to dealing with multi-million pound cases involving multiple losses and claims by individuals against their professional advisers, including surveyors, accountants, brokers, financial advisers and solicitors.

Ming-Yee has significant experience of cases involving related complaints to the Financial Ombudsman. She has been instructed in relation to professional negligence, insurance and insolvency issues arising out of the failure of Lehman Brothers as the counterparty to a range of structured investments giving rise to multiple claims (Re Arc Capital and Income PLC (in administration)).

    Professional Background

  • First Class degree, Law, St John's College, University of Cambridge
  • Called to the New York Bar
  • Memberships include: ELBA, ELA, COMBAR, LCLCBA and PNBA
  • Regularly delivers in-house seminars
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