Sunny Virk (2004)

Sunny Virk (2004)

England and Wales
Membership Status: Barrister - Full Member Called in 2004 Public Access Accredited BSB Guidance for Public Access
Bar Standards Board - Regulating Barristers
Barristers in England and Wales are regulated by the Bar Standards Board

Profile

General Information

A Barrister for Insurance Companies to Defend Credit Hire & Personal Injury claims from RTAs

Sunny is a barrister with a highly successful practice specialising in credit hire litigation, personal injury/fraud and professional negligence. He is Head of Credit Hire (Defendant Insurance Group) within Clerksroom Chambers.

• “He is truly a star!” | Hebble Law

PROFILE

Called to the Bar for over 16 years, Sunny has made credit hire the focus of his practice. He is instructed by large and small insurance companies and law firms in complex and challenging matters concerning credit hire, personal injury and causation. Sunny’s practice encompasses:


• Credit Hire
• Personal Injury arising from Road Traffic Accidents
• Fraud and Fundamental Dishonesty
• Causation and LVI (Low Velocity Impact)
• Professional Negligence (especially against legal professionals acting in Personal Injury claims)


Sunny is reputed amongst firms who litigate on behalf of insurance companies in defending multi and fast track credit hire claims, and is often requested by insurers to deal with cases involving causation, fraud and fundamental dishonesty.


He delivers high-quality appellant and trial advocacy along with professional advice. He will regularly advise on cases involving applications for committal for contempt, following a finding of fundamental dishonest/fraud in RTA claims.

WHAT CAN YOU EXPECT FROM SUNNY?

• Clients can expect him to take a highly effective, robust and commercially minded approach to their case, deliver results and to always prioritise their best interests.

• He provides an extensive academic and technical understanding of the law, intricate preparation, confident and tenacious representation and an unwavering commitment to your case.

• He can undertake hearings and trials online via Zoom and other media with ease.

• He is on a number of insurance panels and also instructed off panel by some insurers and professional clients in the most complicated credit hire cases.   

TESTIMONIALS:

• “Sunny has always been easy to reach and took a sensible commercial approach. He has a winning way in negotiations and unquestionable charm. He is unmatched in his cross-examination” | (A solicitor client)

• “I was very glad to have such a brilliant barrister on my side!” DH (A insurer client)

• “[He]…was out of this world. He dismantled the claimant’s arguments piece by piece. He was a professional. JP (A insurer client)”

• “I was very impressed by his eloquence, meticulous attention to detail and general handling of the case.” DH (A insurer client)

• “Prior to going into the court room when the other party offered to split 50/ 50...you gave me all the options…and you were confident that we could win 100% which indeed was the outcome” JF (A insurer client)

• “I was very impressed by his robust cross-examining of the claimant and manner in which he exposed the inconsistency of his statements.” DH (A insurer client)

NOTABLE RECENT CASES

Credit Hire

• L v M (Bristol County Court) [Sept 2020] | unreported
Acting for insurers, Sunny defended a multi-track claim in the sum of circa £176,000, of which £156,000 was made up of credit hire charges. Following his cross-examination, the claimant solicitors agreed to settle the whole of the claim for £60,000. £116,000 was returned to insurance reserves.

• H v CI (Lancaster County Court) [Dec 2020] | unreported
Sunny successfully defeated the claimant’s application to rely on fresh witness evidence supporting a claim for circa £12,000 of credit hire charges, circa 4 weeks prior to trial.  

• U v C (Canterbury County Court) [Oct 2020] | unreported
Acting for insurers, Sunny argued against quantum in a fast track reducing the credit hire charges claim at £13,767.60 to £956.

• BB v QB (Canterbury County Court) [Jul 2020] | unreported
Sunny successfully reduced circa £23,000 claimed in credit hire charges down to circa £5,000.

Fraud | Fundamental Dishonesty | s.57 |Causation

• P v B (Birmingham County Court) [Dec 2020] | unreported
Acting for insurers, Sunny successfully defended a claim for personal injury and various special damages. He demonstrated that the nature of the accident could be nothing short of contrived. Sunny successfully also argued, applying Kennedy v Cordia Services LLP [2016] UKSC 6, that the expert evidence was “bare ipse dixit” and carried little or no weight. In addition the court found the Claimant inflated his claim for special damages. Finding fundamental dishonesty the court dismissed the Claimant’s claim. Qualified One Way Costs Shifting was dis-applied.   

• U & ANO v M (Clerkenwell & Shoreditch County Court) [2020] | unreported
Sunny’s forensic cross-examination both claimants resulted in the claims being dismissed. He was able to demonstrate that there was no contact and no movement of the claimant’s vehicle that could have caused the claimants’ claimed injuries. The total claim and costs were expected to exceed £50,000, there being 3 claimants in total.

• S v T (Preston County Court) [2019] | Before HHJ Evans | unreported
In defending a claim for personal injury, the pre-accident value of his vehicle, CBT treatment, physiotherapy charges and storage & recovery charges, the defendant insurers had admitted liability and made various interim payments, however, some elements of quantum remained in disputes. On Sunny’s advice the insurers did not concede storage charges. Following cross-examination Her Honour Judge Evans found the claimant had been fundamentally dishonest in claiming those storage charges and applied 57 of the Criminal Justice and Courts Act 2015 effectively dis-applying Qualified One Way Costs shifting.

• H v CI (Bristol County Court) [2019] | Before HHJ Ambrose | unreported
Appearing before HHJ Ambrose, Sunny successfully defended a claim for personal injury valued over £15,000, reducing the sum claimed to only £500, despite the defendant witness failing to attend. 

Road Traffic Accident | Personal Injury

• A v S (Luton County Court) [2020] | Before HHJ Bloom | unreported
Appearing before HHJ Bloom, Sunny successfully demonstrated that the claimant was 65% liable for the accident that took place on a complex roundabout in Milton Keynes. The defendant contended that the lane the claimant used to enter the roundabout did not permit him to take any other exit save for the first exit and therefore the claimant caused the accident by taking the second exit. The claimant contended that he was permitted to take the second exit, and the defendant broke lane discipline on the roundabout by cutting in front of him. The learned judge accepted Sunny’s argument that the claimant primarily caused the accident. The defendant accordingly recovered 65% of his counterclaim whilst only paying out 35% of the claimant’s claim.    

• B v K (Dudley County Court) [2020] | unreported
Acting for insurers, Sunny showed through forensic analysis and cross-examination that a scuff that had been caused as a result of the accident evolved into a scratch and then gash over the course of some 20 days that could not have resulted from the index accident. The claimant’s claim was dismissed.

• M v A (Huntingdon County Court) [2019] | unreported
Sunny successfully defended the claim and avoiding a major payment out by his insurer clients. Following his cross-examination, the Claimant discontinued his claim.

Road Traffic Accident | HGV & Large Vehicles

• S v ELBCC (Clerkenwell & Shoreditch County Court) [2018] | Before Judge Lenon QC | unreported
Appearing before Judge Lenon QC, Sunny successfully persuaded the claimant to discontinue his claim following cross-examination.

• M v Z (St Helen’s County Court) [2019] | unreported
Acting for the defendant who insured Volvo HGV that had allegedly reversed into a vehicle, the case turned on the understanding of blind spots. Sunny was able to demonstrate that there were no relevant blind spots on the HGV in question as it was fitted with 7 mirrors split over 3 parts, covering all relevant angles. In cross-examination, he also established that the claimant was excited to go shopping and thus, on balance, more likely to have caused the accident. The claim was dismissed. 

Costs | QOCS

• T-B v D (Stockport County Court) [2020]| unreported
Sunny successfully made the argument that the claimant solicitors’ failure to give appropriate notice to the defendant had led to the matter exiting the portal in accordance with rule 7.30 of the Pre-action Protocol. This in turn restricted the claimant to fixed portal costs within Table 6 of CPR rule 45.18.

• R & ANO v CI (Romford County Court) [2019]|unreported
Sunny acted for insurers in defending two claims following an RTA where the claimants were seeking to recover damages for personal injury and fixed costs. The two claims had fallen out of the portal and continued under CPR Part 7. Liability was admitted pre-issue and the real issue centred on whether part 7 fixed costs could be awarded or portal costs. Sunny successfully argued that the claims should have remained in the portal pursuant to paragraph 7.35 of the protocols. It was agreed that the costs would be restricted, in the circumstances to £1,940 for both Claimants as opposed to those that were claimed being over £10,300.

• G v EU (Bromley County Court) [2019] | unreported
Acting for the insurers who were defending a claim, Sunny won the matter on liability. In addition to having the claim dismissed, Sunny obtained an order by which he recovered the defendant’s witness expenses in the sum of £500; and costs in the sum of £4,500 both to be paid by the claimant. Sunny also recovered circa £2,500 in wasted costs against the central court funds office. 

• J v LV (Walsall County Court) [2019] | unreported
Sunny succeeded in defending a claim for thousand of pounds for his insurer clients. The claimant was forced to discontinue. Sunny proceeded to push on the counterclaim recovering the full value, plus costs and the lay client’s loss of earnings and witness expenses (including flight, hotel, translator and travel costs).

• B v ES (Walsall County Court) [2019] | unreported
Appearing before HHJ Rawlings on behalf of insurers in a quantum only dispute, Sunny succeeded in beating the defendant’s part 36 offer and successfully argued for a set off on costs. The residue of the Defendant’s costs were taken from the Claimant’s damages pursuant to CPR 44.14.1. In total Sunny assisted the insurer to avoid a claim and costs valued over £22,000.  

• R v ES & ANO (Walsall County Court) [2019] | unreported
Appearing before HHJ Platts on behalf of insurers, Sunny succeeded in beating the defendant’s part 36 offer resulting in the claimant’s claim and costs being wiped out.

APPOINTMENTS & MEMBERSHIP

Member of the Honourable Society of Grays Inn

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

INTERESTS

Sunny is married and spends his leisure time travelling. He enjoys spending time with his friends discussing philosophy and politics. In the past, he has raised money for various charities and good causes. In 2013 Sunny ran the London Marathon for Save the Rhino and in 2016 he summited Mount Kilimanjaro for Zoë's Place Baby Hospice.

Testimonials

Testimonials

Areas of Law

Sunny Virk (2004) is happy to accept instructions as counsel who is:

  • Credit Hire (Defendant Insurance)
  • Public Access Accredited
  • Road Traffic

Outside of these key areas of law, Sunny Virk (2004) is always willing to consider any enquiry requiring the experience or knowledge needed to help you or your client. Please call Sunny direct or the support team on 01823 247 247 if you would like to discuss any aspect of this profile.

Fees and Feedback

Fees and Feedback

FEES:

Details regarding our approach to fees can be found at the following link:  http://www.clerksroom.com/content-html?cid=336

SERVICES:

Please see “profile” tab for a description of the legal services provided by this barrister.

We aim to complete and return all paperwork within 14 days (2 weeks) of receipt if no specific deadline is provided. We can work to much faster timescales if requested or we can agree a specific target date for each individual circumstance. We will always advise at the outset if counsel is unable to meet any deadline.

Each barrister has a standard hourly rate for their work. The individual hourly rate can be agreed when instructions are acknowledged if preferred. We welcome early discussion as to the suitability of a specific barrister for a specific case. The right barrister will have the relevant expertise to deal with the case but will not be too junior, or too senior depending on the complexities.

We aim to allocate all cases to the correct level of experience & seniority which we believe will prove most to be the most cost-effective solution for our clients.

If, due to urgency, we allocate paperwork to a more senior member of Clerksroom, we will charge the appropriate hourly rate for the work, not for the barrister. We welcome early discussion to ensure the correct fee is applied to the case at the outset.

REDRESS:

All our barristers are regulated by the Bar Standards Board (BSB) and hold a current practising certificate, details can be found at the following link Barristers’ Register

Complaints information

If you are not satisfied with the service provided, you can make a complaint to Chambers. Information on the chambers’ complaints procedure is available at the following link: http://www.clerksroom.com/content-html?cid=416

If you are not satisfied with the response you receive from my chambers, you can make a complaint to the Legal Ombudsman. You must contact the Legal Ombudsman either within 6 months following the conclusion of our handling your complaint, within 6 years from the date of the act/omission, or 3 years from the date that you should reasonably have known there were grounds for complaint (if the act/omission took place before the 6 October 2010 or was more than six years ago).

The Legal Ombudsman’s details are as follows:

Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ
Tel: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Web: www.legalombudsman.org.uk

Privacy Notice

Fees and Feedback

1.              This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).

2.              The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.

3.              I, Sunny Virk (2004), have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.

4.              It is necessary for me to process your personal data in order for me to provide you with legal services, for example:

·   Advise on the prospects of litigation;

·   Advise on the value of your claim;

·   Representation at a court hearing;

·   Representation at trial;

·   Advise, review or comment on legal issues or evidence.

5.              Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.

6.              The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.

7.              If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.

8.              If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.

Recipients of your data

9.              I may also be required to share your data with others, depending on the nature of your case. This may include:

(i)                  Courts and other tribunals to whom documents are presented;

(ii)                Your solicitors, or agent representing you, through whom I have been instructed;

(iii)               Potential witnesses, experts and other persons involved in the case;

(iv)               Solicitors, barristers, or other legal representatives;

(v)                Ombudsman and regulatory authorities;

(vi)               Education and examining bodies; and

(vii)             Current, past or prospective employers.

Special Categories of Data

10.          In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.

11.          This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.

Retention

12.          I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.

13.          How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.

14.          Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:

(i)                  The legal and professional obligation to retain information relating to my cases;

(ii)                To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;

(iii)               For use in the defence of potential complaints, legal proceedings or fee disputes;

(iv)               To refer back to in future cases which raise similar legal, factual, or procedural issues.

15.          The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.

16.          The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation. 

Your Rights

17.          Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

18.          Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.

19.          You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.

20.          You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.

21.          You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests. 

22.          Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object. 

23.          You have the right to request that your personal data is erased where any of the following apply:

(i)                  The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(ii)                You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;

(iii)               Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;

(iv)               The personal data has been unlawfully processed; or

(v)                The personal data have to be erased to comply with a legal obligation.

24.          You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).

25.          Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort. 

Security

26.          I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. The I.T. systems used by Clerksroom are ISO27001 compliant.

Complaints or Queries

27.          If you have any questions regarding this privacy notice, or how I use your personal data please email me: singh@clerksroom.com, or my clerks: mail@clerksroom telephone 01823 247 247.

28.          I shall aim to respond as soon as possible, and within 30 days.

29.          You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/

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