He is very good, very personable and very knowledgeable.

Transcription

1 Vikram Sachdeva QC Year called 1998 Silk 2015 He is very good, very personable and very knowledgeable. Chambers UK 2014 Practice Areas Administrative & Public Commercial Clinical Negligence Regulatory & Disciplinary Practice Areas Administrative & Public Vikram has a busy and wide-ranging public law practice. He advises and acts for both Claimants and Defendants, including individuals, local and central government, companies and regulators. His experience extends in particular in relation to commercial cases, financial services, healthcare and environmental law. He was Junior Counsel to the Crown (A Panel) before he took Silk. For several years Vikram taught public law at various colleges at Cambridge University. European Law

2 Vikram has a particular interest in European law, which often arises in his practice. Tax and VAT Vikram has an interesting advisory and litigation practice covering a broad range of direct and indirect tax. Commercial Commercial/Construction law Vikram undertakes commercial litigation covering sale of goods, construction disputes, agency, financial services, insurance, subsidence and property damage and professional negligence. Clinical Negligence Vikram is regularly instructed in clinical negligence cases in which he acts for both claimants and defendants. He is a qualified medical doctor, and has a natural appreciation of the issues involved. Regulatory & Disciplinary He is a high-energy advocate, who is keen to do well for his clients. Chambers & Partners 2014 Vikram has appeared in a very wide range of tribunals, for Applicants and Respondents, and also as legal assessor for instance the General Dental Council, General Medical Council, Immigration Services Tribunal, Care Standards Tribunal, and General Social Care Council. He also has acted in a number of appeals to the High Court from disciplinary bodies. Cases

3 Administrative & Public Law Tracey, R (on the application of) v Cambridge University Hospitals NHS Foundation Trust & Ors [2014] EWCA Civ 822 Whether the Resuscitation Council guidance on Do Not Attempt Resuscitation decisions complies with Article 8 of the European Convention, or whether there is an obligation to consult the patient before deciding not to offer resuscitation. NHS v VT & Anor [2013] EWHC B26 (Fam) Successfully representing an NHS Trust who sought a declaration permitting them not to resuscitate the patient, which the family disputed. Aintree University Hospitals NHS Foundation Trust (Respondent) v James (Appellant) [2013] UKSC 67 Definition of futile within MHA Code Of Practice. Aintree University Hospitals NHS Foundation Trust v David James (by his litigation friend, the Official Solicitor) [2013] EWCA Civ 65 Definition of futile within MHA Code Of Practice. R (Tracey) v Cambridge University Hospital NHS Foundation Trust and Secretary of State for Health [2012] EWHC 3860 (Admin) Challenge to DoH policy on DNAR decisions R (Kadri) v Birmingham City Council and Secretary of State for the Home Department [2012] EWCA Civ 1432 [2013] 1 All ER 945 Whether local authorities bound by age assessment decision of SSHD NHS Trust v Baby X 14 March 2013 [2012] EWCA Civ 2188 (Fam) [2013] 1 FLR 225 Whether in best interests of baby to be removed from ventilator MD (Afghanistan) v Secretary of State for the Home Department [2012] EWCA Civ 194 [2012] 1 WLR 2422 Whether appropriate to appeal to CA when an application for permission to claim judicial review had been refused on the papers. W v M (by her litigation friend, the Official Solicitor) and a NHS Hospital Trust [2011] EWHC 2443 (Fam) [2012] 1 WLR 1653 [2012] 1 All ER 1313 Landmark case following Airedale NHS Trust v Bland [1993] AC 789 establishing whether the Court of Protection has jurisdiction to make a declaration permitting withdrawal of artificial nutrition and hydration where the patient has a higher level of consciousness than a vegetative state

4 W v M (by her litigation friend, the Official Solicitor) and a NHS Hospital Trust [2011] EWHC 1197 (Fam) [2012] 1 WLR 287 [2012] 1 All ER 1295 The leading case on Reporting Restriction Orders in the Court of Protection R (Arogundade) v Secretary of State for Business, Innovation and Skills (Administrative Court) Acting for Secretary of State: whether the requirement for ordinary residence in the Education (Student Support) (No. 2) Regulations 2008 implicitly requires lawful residence D Borough Council v AB [2011] EWHC 101 (Fam) [2012] Fam 36 The legal test for lack of capacity to consent to sexual relations R (Moore) v Skipton Fund Ltd and Secretary of State For Health [2010] EWHC 3070 (Admin) (2011) 117 BMLR 185 whether Hepatitis C compensation scheme lawful RH v South London & Maudsley NHS Foundation Trust and Secretary of State for Justice [2010] EWCA Civ 1273 (2011) 117 BMLR 47 whether the requirement under MHA 1983 s75(3) that an application should satisfy a tribunal that a restriction order should cease breached the applicant s rights under Article 8 ECHR R (V) v South London & Maudsley NHS Foundation Trust and Croydon LBC 7 April 2010 LBC [2010] EWHC 742 (Admin) (2010) 13 CCL Rep 181 Whether the relevant circumstances under MHA 1983 s11(4) were only those as they appeared to the AHMP at the time of the application for admission for treatment R (AN) v Secretary of State for Justice [2009] EWHC 1921 (Admin); [2010] ACD 13 challenge to the placement of an Al-Qaeda prisoner in a single cell based on an alleged breach of articles 3 and 8 in HMP Belmarsh Secretary of State for the Environment, Food and Rural Affairs v Downs CMLR 46 [2010] Env LR 7 defending challenge to the UK pesticides regime as being in breach of Directive 91/414 R (Ross) v West Sussex Primary Care Trust [2008] EWHC 2252 (Admin) (2009) 106 BMLR 1 whether Trust was entitled to refuse funding for potentially life-extending drug Re MM [2007] EWHC 2003 (Fam) [2009] 1 FLR 443 the legal test for lack of capacity to consent to sexual relations R (Page) v Secretary of State for Justice [2007] EWHC 2026 (Admin); (2007) ACD 100 Acted for Secretary of State in challenge to refuse to exercise Royal Prerogative of Mercy for the early release of a prisoner who has been misled as to his correct release date R (Broadbent) v Parole Board (QBD) 27 May 2005 [2005] EWHC 1207 (Admin); The Times 22 June

5 2005 Acted for Parole Board in challenge to decision that a charge and pending prosecution alone could justify a conclusion that there was an unacceptable risk of reoffending Commercial Parker v Shoreham Port Authority (2013, TCC) Contractual debt claim for expenses of referring dispute to expert determination Armstrong v Pope & Co (2011) (ongoing) Professional negligence claim against a solicitor and barrister Care Aspirations v Sutton & Merton Primary Care Trust (2010) High Court debt claim against Trust arising out of care home facilities Hugh James (A firm) v Smith (Chancery Division) (2009): Restitution claim for mistaken payment Re Anglian Windows (2009) Dispute whether guarantees were contracts of insurance within s20 of Schedule 2 to the Financial Services and Markets Act 2000 Roadrunner Properties Ltd v Dean & Anor (CA) EWCA Civ 1816 (2004) 11 EG 140 Appeal against judge s interpretation of expert engineering evidence in context of Party Wall Act 1996 Discain v Opecprime (TCC) [2000] BLR 402 First case which held that apparent bias was sufficient to bar enforcement of an adjudicator s decision under the Housing Grants, Construction and Regeneration Act Human Rights & Civil Liberties AH v West London Mental Health Trust [2010] UKUT 264 (AAC) Acted for Trust in the leading case on regarding whether mental health review tribunals should generally be held in public in order to comply with Article 6, before Carnwath LJ, Senior President of Tribunals Reid v Secretary Of State For The Home Department 2 February 2010

6 Regulatory & Disciplinary R (Andersons) v Solicitors Regulation Authority [2012] EWHC 3659 (Admin) Challenge to SRA policy of publishing allegations against Respondents far in advance of the hearing Bass and Ward v SRA 17 May 2012 [2012] EWHC 2012 (Admin) Whether Appellants in breach of duty to supervise a fellow partner within the firm Bass v The Law Society (2011) Acting for solicitors in appeal against sanctions imposed after strict liability breach of Solicitors Accounts Rules Legal Clerk to the independent Appeals Body to Phoneypayplus, the premium rate regulator Beller v The Law Society [2009] EWHC 2200 (Admin) Whether SDT justified in striking a solicitor off the roll who had breached an undertaking given to a client R (Marshall) v Nursing & Midwifery Council [2008] EWHC 2931 Whether the responsibility of a nurse in charge required the nurse to read the notes of the lower-grade nurses in respect of all patients within their care to check that there had been no omissions or failures on the part of the lower-grade nurses DAS v Secretary of State for Education and Skills [2006] 796.PT Acted for Secretary of State in List 99 appeal (whether s142 Education Act on grounds that Appellant unsuitable to work with children) in Care Standards Tribunal European Union Law Lower Mill Estate Ltd [2011] STC 636 Whether splitting the construction of holiday homes from sale of the land involved an abuse of rights under the Halifax doctrine Ortega-Jerez v Entry Clearance Officer [2010] EWCA Civ 639: Validity of marriage in Ecuadorean embassy in London in English law and in EU law, and proper the choice of law MY (Turkey) v SSHD (2010) (CA) Whether Appellant guilty of abuse of rights in European law preventing him from relying on the Additional Protocol of the Ankara Agreement

7 R (Vetheeswaran) v SSHD (Administrative Court, 2010) Whether the obligations created between states created by the Dublin II Regulations were subject to judicial review principles at the instance of the person being removed Downs v Secretary Of State For Environment, Food and Rural Affairs [2009] EWCA Civ 664 [2009] ACD 71 [2009] 3 CMLR 1544 Defending challenge to the UK pesticides regime as being in breach of Directive 91/414 Financial Services Standing Legal Clerk (for the last 10 years) to the independent Appeals Body to Phonepayplus, the Premium Rate telephone regulator R (Golding) v General Commissioner of Income Tax [2011] EWHC 2435 (Admin) [2012] STC 381 Whether tax inspector and/or chairman of General Commissioners had exhibited apparent bias R (Lower Mill Estate Ltd) v HMRC [2011] STC 636 Whether splitting the construction of holiday homes from sale of the land involved an abuse of rights under the Halifax doctrine. Re The Regulation of Private Eye Clinics (2010) Acted for potential investors on instruction of leading City firm on the regulation of private eye clinics after the merger of the Healthcare Commission into the Care Quality Commission; covered CQC notification requirements; and whether any statutory and regulatory provisions are capable of piercing the corporate veil R (Bottomley) v General Commissioners of Income Tax, Pontefract Division [2009] EWHC 1708 (Admin) [2009] STC 2532 Claim that General Commissioners exhibited apparent bias during a hearing Lancaster v HMRC [2010] UKFTT 559 (TC) Dispute with taxi firm over turnover and proper VAT treatment of commission Christies Care Limited v HMRC (2009) Dispute regarding direct tax treatment of employment agency. SRI International v HMRC [2009] UKFTT 221 (TC) Challenge to decision to refuse to pay VAT refund, pursuant to Directive 86/150 Lai v HMRC (Norris J)

8 Expenses on refurbishment services that had been rendered to a business more than six months before it became registered for VAT was not capable of constituting input tax in its VAT return R (Lower Mill) v HMRC [2008] EWHC 2409 (Admin) [2008] BTC 5743 Whether a claim for judicial review should be adjourned pending the resolution of an appeal to the VAT tribunal James v HMRC [2007] UKVAT V20426 [2008] STI 287 Acted for HMRC in case in which remedial works were alleged to constitute reconstruction of an existing building Costs & Litigation Funding Kebede & Anor v Secretary of State for Business Innovation and Skills [2013] EWHC 2396 (Admin) Successfully opposed an appeal by the Defendant in a personal injury action, in which a non party costs order was sought against the solicitors on the basis that they had funded the litigation. Manuel Clemente Heron (Claimant/Interested party) v (1) TNT (UK) LTD (Appellant/Defendant) (2) Mackrell Turner Garrett (a firm) (Respondent) [2013] EWCA Civ 469 A non party costs order against solicitors who had failed to get ATE insurance for their client Commercial, Construction and Engineering Re Anglian Windows (2009) Acted for Claimant in dispute whether guarantees were contracts of insurance within s20 of Schedule 2 to the Financial Services and Markets Act 2000 Recommendations Recommended as a leading junior by the Legal in Administrative and Public Law, Professional Discipline and Regulatory Law, Costs, and in Court of Protection and Costs by Chambers & Partners Quotes

9 A stellar performer. Legal An impressive advocate. Legal He is a high-energy advocate, who is keen to do well for his clients. Chambers & Partners 2015 Very personable, astute and exceptionally skilled in medical cases. Chambers & Partners 2015 Gives one great confidence as he understands the intricacies of the medical input into these cases, is very passionate and enthusiastic, and has a prodigious work rate. Chambers & Partners 2015 He s very sharp and picks things up really quickly. Chambers & Partners 2015 He s quite thorough and very determined. Chambers & Partners 2015 Particularly noted for his work in the medical profession. Legal A top barrister with a wide-ranging costs practice. Legal Strongly recommended. Legal His medical background means that he understands the complex networks that exist across the NHS. He is a solid advocate too. Chambers UK 2014 He s always able to deliver on time, gives good advice and gets results. Chambers UK 2014 He is very good, very personable and very knowledgeable. Chambers UK 2014 A great advocate who can think fast on his feet Legal Extremely clever Legal brings a wealth of medical and legal expertise to cases Chambers UK 2013 is known for dealing with very sensitive matters in a calm and professional manner Chambers UK 2013 A medical doctor himself, he proves particularly good at cases with a medical angle Chambers UK 2013 an articulate advocate with great knowledge of the legal minutiae of costs litigation Chambers UK very likeable and knowledgeable in regulatory law Legal a redoubtable advocate remarked on for his impressive courtroom style Chambers UK 2012 He is on the speed dial of the Office of the Official Solicitor and, as a qualified physician, has a feel for this area of the law few can match Chambers UK 2012 Able, thorough and charming Chambers UK 2012 one of the country s leading criminal costs juniors Chambers UK 2012 extremely technically competent, vibrant and enthusiastic Legal

10 a tenacious advocate Legal a skilled and determined advocate Chambers UK 2011 a future costs litigation supremo Chambers UK 2011 A seriously good barrister Legal A rising star Chambers UK 2010 A fighter who is at his best in the toughest battles Chambers UK 2010 hard-working and easy to work with Legal strong analytical ability and excellent interpersonal skills Legal extremely sharp Legal thoroughly reliable Legal Appointments Member of the Executive Committee of the Administrative Law Bar Association Memberships Bar European Group Administrative Law Bar Association Financial Services Lawyers Association Technology & Construction Bar Association Association of Regulatory & Disciplinary Lawyers London Common Law & Commercial Bar Association Qualifications B.C.L. (Law): 1993 M.A. (Hons) (Joint Law and Medicine): 1996 B.M., B.Ch. (Medicine): 1996 Additional Information Publications Clayton and Tomlinson, The Law of Human Rights OUP March 2003 (contributor)

11 Articles The MCA in the Supreme Court The Duty of Candour and Disclosure in Judicial Review (October 2007, Vikram Sachdeva) Regulation of Healthcare Professionals (September 2007, Vikram Sachdeva) Resource Allocation in the National Health Service: Access to drugs pending NICE Assessment (November 2006, Vikram Sachdeva) Seminar Paper Witness Immunity from Professional Disciplinary Proceedings (April 2006, Vikram Sachdeva) Challenging Unduly Lenient Penalties in Professional Disciplinary Tribunals (April 2005, Vikram Sachdeva) The Role of Judicial Review in Curing Breaches of Article 6 (Judicial Review June 2003, Richard Clayton QC and Vikram Sachdeva) Functional Public Authorities under the Human Rights Act (Judicial Review March 2002, Vikram Sachdeva) Employment Law Newsletter (November 2005) Other Professional Qualifications Vikram qualified as a doctor in 1996 and became registered with the General Medical Council. Before qualifying for the Bar he spent a year practicising as a house doctor in the John Radcliffe Hospital, Oxford, and the Royal United Hospital in Bath. His medical background has proved invaluable in cases involving scientific and technical matters. Additional Information Vikram taught Administrative and Public law and Tort law at Cambridge University for several years, and also Criminal Law at Oxford University. Languages Vikram speaks and writes French, as well as spoken Hindi. LONDON MANCHESTER SINGAPORE KUALA LUMPUR 39 Essex Street, 82 King Street, Maxwell Chambers, #02-9, Bangunan Sulaiman, London Manchester 32 Maxwell Road, Jalan Sultan Hishamuddin, WC2R 3AT M2 4WQ #02-16, Kuala Lumpur, Tel: +44 (0) Tel: +44 (0) Singapore Malaysia DX: London/Chancery Lane 298 Fax: +44 (0) Tel: +(65) Tel: +(60) Fax: +44 (0)

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