Sundeep Virk (2004)

Sundeep Virk (2004)

Barrister England and Wales
Membership Status: Barrister - Full Member Qualified in 2004 Public Access Accredited

Profile

General Information

Sundeep is an experienced specialist in credit hire, insolvency, professional negligence, chancery and commercial litigation. He is renowned for his negotiation skills and has been described as a smart, talented and tenacious barrister. His advisory work is both comprehensive and practical and his pleadings are considered detailed and highly effective.

Sundeep is popular and highly regarded as an advocate by those that instruct him. He is also a qualified mediator and is public access accredited.

AREAS OF SPECIALISM (please see cases & publications tab for full details)

  • Credit Hire – Sundeep has developed a keen national following in both Claimant and Defendant due to his successes in difficult fast and multi-track claims.
  • Chancery / Commercial – including company and contract.
  • Insolvency / Bankruptcy – including complex and high value matters, for both petitioner and respondent.
  • Professional negligence – particularly in regard to solicitors and accountants.

AREA OF LAW COVERED AS MEDIATOR

  • Business, Company and Partnership disputes
  • Building and Construction disputes
  • Boundary, Property, Landlord and Tenant disputes (commercial and residential)
  • Family Law and Intervenor claims
  • Clinical and Professional Negligence disputes?
  • Probate / Inheritance Act Claims
  • Holiday Sickness Claims

CAREER & QUALIFICATIONS

After being called in 2004, Sundeep completed an internship with British Petroleum plc and was later appointed National Equality & Diversity Advisor to the Learning & Skills Council. Prior to commencing private practice at the independent Bar, he became a solicitor/solicitor-advocate spending a number of years as a chancery/commercial litigator. This experience informs his daily approach to his practice which is seen by many of his clients as a great benefit in bringing Sundeep’s commercial perspective and negotiation skills to bear on their matters.

Bar Council Elected Representative (7 years’ call) – 2013 to 2016

Member of the Honourable Society of Grays Inn

PERSONAL

Sundeep is married with a young family and in any spare time he gets he likes to travel. He enjoys politics.

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Publications

RECENT CASES & HIGHLIGHTS

CREDIT HIRE & RTA FRAUD

• AMANJ TAHA AMIN (1) H. A. KARIM (3) M. T. AMIN (4) F. FRYAD v (1) ANGELA RICE (2) COVEA INSURANCE PLC – Appearing before Recorder Burton QC in a multi track action, Sundeep successfully represented the Claimant and recovered 156 days of credit hire charges and general damages for injury following a rear end shunt.

• PHILIP BARRETT v RUSHMERE NURSERIES LIMITED – Sundeep successfully recovered for the Claimant credit hire charges for a Mercedes Benz C63 AMG taken on hire in replacement for an Aston Martin Vantage V12. Apart from Period and Rate, Sundeep successfully argued the need for a like for like vehicle.

• ZIA HAQ v MICK DETHERIDGE (In the Birmingham County Court) - Sundeep successfully represented the Claimant in beating allegations of fraud following a RTA on a roundabout involving an alleged stooge vehicle.

• CHOUDHRY SHAMIM AKHTAR v CHARLES BLACKWOOD  & SAKAVAT ALI v JOHN WHITE (T/A ARENA GLOBAL) - Sundeep represented the Claimants in two consecutive multi track trials before Lady Justice Patterson DBE.

• ERVINS KUPCE (1) OLGA BONDARENKO (2) RATIS KUPCE (3) v MOHAMMAD SAMGHAN (1) FIRST CENTRAL INSURANCE MANAGEMENT LIMITED (2) AVIVA INSURANCE LIMITED (3) – Sundeep represented the Claimants in this multi party consolidated action where he successfully argued that liability fell on the 2nd Defendant’s insurance company pursuant to Article 75 of MIB and it’s interplay with Sections 151, 152 and 153 Road Traffic Act 1988. The said insurer became liable in the circumstances of the case notwithstanding that the insurance policy was obtained by fraud, misrepresentation, non-disclosure of material facts or mistake.

• Settled the Defence pleadings in an action against brought by the Credit Hire Company who were seeking to recover circa £170,000.00 of hire charges and statutory interest from the Claimant.

INSOLVENCY

• Providing immediate written advice to Administrators on a potential challenge to their appointment and the implications of Paragraph 25(a) of Schedule B1 of the Insolvency Act 1986 and Practice Directions, Part E3 (E 11), Para 11.1.

• Acting on behalf of directors in an application pursuant to s.234/s.236 Insolvency Act 1986 made by the liquidator.

• Appearing in opposition to a bankruptcy petition based on demand for circa £170,000.00 (including a substitution figure of £100,000.00).

• Advising and appearing in a complex application for possession and sale on behalf of the respondent spouse and successfully obtaining a costs order against the trustee following an interlocutory application hearing. In conclusion the trustee agreed to pay the respondent spouse’s costs agreed at £35,000.00 and withdraw his claims.

• Acting on behalf of the director respondent in an application made pursuant to s.234/s.236 Insolvency Act 1986 by the liquidator.

• Appearing in the High Court opposing a winding up petition on a debt of circa £200,000.00.

• Advising the liquidator on the implications of applying for summary judgment on circa £40,000.00 in a claim worth approximately £90,000.00.

PROFESSIONAL NEGLIGENCE

• Advising the Claimants in a Professional Negligence dispute where their accountant and tax advisors wrongly advised that an application for a Extra Statutory Concession C-16 be made as opposed to placing the said company into a Members Voluntary Liquidation.

• Being instructed by Aon Insurance Services to provide advice and act for solicitors in a wasted costs application.

• Advising the Claimant in an action against his conveyancing solicitors for their negligent failure in mishandling the transfers.

COMMERCIAL LITIGATION

• SPORTS AND RACING EUROPE LIMITED (1) W J RILEY (2) v NATINAL WESTMINISTER BANK PLC – Sundeep appeared for and advised the Claimant, a small motor vehicle manufacturer in a High Court claim for alleged misrepresentation and mistake relating to a series of commercial loan agreements. The matter settled but not before an appeal to the Court of Appeal on a interlocutory decision made by Mr. Justice Hamblen.

• SALVADOR BONIFACIO HERNANDEZ ALAMO v SSE ENERGY SUPPLY LIMITED (1) WESTERN POWER DISTRIBUTION PLC (2) – Sundeep acted for SSE in successfully striking out a multi-track action where the Claimant was seeking compensation for damage done to property, personal injury and electricity charges. Sundeep obtained summary judgment on the counterclaim.

• Advising Boots optician franchisees in respect of alleged breaches of their franchise agreements.

• Acting in a number of cases for the Performing Right Society Limited in actions seeking royalties for breach of contract/license.

• Advising a national energy company on its rights to terminate a contract for telephone call service provisions based on non-competitive charging structures.

• Advising in a circa £200,000.00 claim concerning a contract for the supply of telecommunication goods involving allegations of breach of terms, breach of collateral warranty, ss.12, 13 and 14 Sale of Goods Act 1979, repudiation, rescission and negligent misrepresentation.

• Advising in a claim worth circa €300,000.00 concerning a sub-contract for development investment, manufacture and supply of eco products.

• Advising in a circa £100,000.00 claim concerning the supply of digital telecommunication equipment on hire arrangements and required for the performance civic services.

• Advising a partner of a national accountancy firm on potential causes of action following breaches of an asset sale agreement resulting in loss of goodwill payments.

• Advising a company tasked with providing civic services on the implication of various terms of an agreement to sub contract civic duties to a third party.

• Advising in various insurance claims following fires which caused damage to real property and commercial goods between £500,000.00 and £800,000.00.

• Advising in respect of a circa £30,000.00 insurance claim concerning use of the ‘calibrated digital tyre depth gauge’ and the implications of flawed expert evidence.

• Advising on issues of enforceability in respect of Dubai property resale agreements.

CHANCERY

• Acting for the claimant in an undue influence claim and counterclaim concerning freehold property valued in excess of £1.5 million.

• Acting on behalf of and against Intervenors in family proceedings in claims for life interests, beneficial and constructive trust in property and pleadings of proprietary estoppel and promissory estoppel.

• Advising shareholders in respect of derivative actions, claims for unfair prejudice pursuant to s.994 of the Companies Act 2006 and just and equitable winding up.

• Advising both claimants and defendants in partnership disputes ranging from circa £250,000.00.

• Advising the claimant following a trustee’s breach of duties in the misapplication of approximately £140,000.00 of trust funds.

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