The Team

Garbhan Shanks

I specialise in commercial litigation and arbitration. I head the Insurance and Reinsurance team which mainly represents policyholders and captives in coverage disputes against (re)insurers.

Areas of Expertise

Dispute Resolution
Commercial Litigation
International Arbitration
Insurance
Group Litigation
Litigation Funding

Our Service

I specialise in commercial litigation and arbitration. I head the Insurance and Reinsurance team which mainly represents policyholders and captives in coverage disputes against (re)insurers.

I have over 25 years' experience of litigation, arbitration and mediation in commercial disputes, often with international and civil fraud elements, with a particular focus in insurance and group actions.

My job is to successfully navigate clients to the end of a dispute process as efficiently and effectively as possible.

I primarily act for policyholders in the financial services, pharmaceutical, energy, retail, manufacturing, construction, utilities and transport sectors to recover insurance indemnities properly due under product liability / recall, Bermuda Form, political risk / political violence / war risk / credit risk, marine, professional indemnity, property, business interruption, ATE, D&O, employers' liability, public liability, construction all-risks, corporate crime (1st and 3rd party) and cyber / privacy insurance policies. I’m currently acting in recovery actions relating to political risk and political violence losses in Mozambique and Côte d'Ivoire, in addition to ad hoc arbitration proceedings against excess insurers in a product liability coverage dispute relating to an underlying MDL in the USA.

I also specialise in reinsurance coverage disputes and have acted in leading cases Wasa v Lexington (House of Lords judgment concerning Alcoa pollution losses across the USA) and Aioi v Heraldglen (arising from the 9/11 World Trade Centre losses) and have recently represented reinsurers in a $500 million LCIA political risk South American expropriation coverage arbitration, and a $100 million political risk coverage dispute relating to the 2021 Zuma riots in South Africa.

My commercial disputes practice involves both defendant and claimant work, such as miss-selling, professional negligence and breach of contract / warranty claims, and I have an established expertise in funded claims, group actions, asset recovery and civil fraud matters.

I have acted in numerous ad hoc and institutional arbitrations, particularly those governed by the LCIA, ICC and SCC Rules, which has become an increasingly popular option for my clients, especially with enforcement to mind.

I also have a French law degree and am part of the French desk at Fladgate.

Outside of work, I have now firmly hung up my rugby boots, but still love watching rugby and currently coach junior players. I am a passionate free-diver and spear-fisherman, fly fisherman and beekeeper. When my kids allow me time off, I also get involved in various field sports!
 

Experience

Insurance & Reinsurance: Cook Group Incorporated v AXA XL (Southern District of Indiana Civil Action No.1:24-cv-1647 09/19/2024), Specialised Vessel Services Ltd v Meridian Risk Solutions Ltd (CL-2021-000681) (Comm) (settled during trial May 2024), Minster Insurance Co Ltd v Simcoe & Erie General Insurance Co [28 March 2014] (Comm), Aioi Nissay Dowa Insurance Co Ltd v Heraldglen Ltd and Another [2013] EWHC 154 (Comm), Wasa & AGF v Lexington Insurance Co [2009] UKHL 40, Korea National Insurance Corporation v Allianz Global Corporate & Specialty AG [2007] EWCA Civ 1066, Midland Mainline Ltd. & Ors v Commercial Union Assurance Company Ltd. & Ors [2003] EWHC 1771 (Comm) & WAGN Railway Ltd & Others v St Paul International Insurance Company (relating to the Hatfield train disaster and ESRs across the country)
Banking: Farol Holdings Limited & Ors v (1) Clydesdale Bank PLC (2) National Australia Bank Limited [2023] EWHC 668 (Ch) and [2024] EWHC 593 (Ch), Aggreko International Projects Ltd v (1) Sumitomo Mitsui Banking Corporation (2) United Bank Limited (Yemen) (3) Al Sadi Trading Group [2021] (Comm), United Bank Limited v (1) SAS Thales Communications & Security (2) SA Crédit Agricole Corporate and Investment Bank [22 February 2018] n° 17/01135 Cour d'appel de Versailles, Basma Al Sulaiman v (1) Credit Suisse (2) Plurimi Capital LLP [2013] EWHC 400 (Comm)
Commercial Disputes / Civil Fraud: Invest Bank v (1) Ahmad Mohammad El-Husseini (2) Mohammed El-Husseiny & Ors [2022] EWHC 894 (final judgment [2024] EWHC 2976 (Comm), Aeroflot v (1) Boris Berezovsky (2) Nikolay Glushkov [2012] EWHC 3017 (Ch), Deep Vein Thrombosis and Air Travel Group Litigation [2003] EWCA Civ 1005 [2004] 1 Lloyd's Rep. 316
Arbitrations: Acted for state owned entities, pharmaceutical, energy, aviation, security, logistics, funds and tech companies relating to disputes mainly in the US, Canada, UK, France, Pakistan, Africa, Yemen and the Middle East, including appealing and enforcing Arbitration awards.

Garbhan Shanks is a huge name in this market and is rightly respected by clients, opponents, and his teams. Highly intelligent and, perhaps above all, brilliant judgment.

Garbhan has a really nice way of dealing with everyone and a terrific strategic sense of how to reach the end goal. He has an intuitive sense of how to deal with matters when they go off track.



Garbhan Shanks has a first-rate mind, has considerable commercial acumen and is a trusted adviser to clients.

Our People

Steven
Mash

Director of Business Strategy - Walgate Litigation Management, a division of Fladgate LLP
Meet Steven

Noah
Wortman

Head of Strategy, Walgate Litigation Management, a division of Fladgate LLP
Meet Noah