Introduction
Avtar was called to the Bar by Gray’s Inn in 1985. Having completed a master’s degree in commercial law and a commercial pupillage in London, it gave him the practical experience to develop a commercial, company and insolvency practice in the Midlands.
Over the course of the last 25 years he has been involved in general commercial litigation within the fields of banking, company law, insolvency, professional negligence, franchising, shareholder disputes, disciplinary proceedings before regulatory bodies, tax and VAT cases before the Special Commissioners and VAT Tribunals and product liability. The claims have ranged from tens of thousands to multi-million pounds. His client base is also varied, from major institutions such as banks, to professional clients such as accountants and solicitors to individuals and companies.
The 2018 Chambers & Partners Bar directory describes Avtar as “intellectually brilliant and a winner in court,” while the 2017 Legal 500 guide notes that he is “very compelling on his feet.”
He has lectured in the field of commercial law and insolvency to solicitors, bankers and to insolvency practitioners and was the Chairman of the Midland Commercial and Chancery Bar. Over the last few years Avtar has acted in a large number of cases involving very high value claims, including the following:
- Multi-million pound shareholder disputes
- Multi-million pound commercial disputes involving the motor-car industry
- The insolvencies of large companies, including those listed on the stock exchange and trading in other jurisdictions
- Capital reductions – cases involving trusts and fiduciaries
- Banking, in particular, piercing the corporate veil so as to render individual directors liable to a major bank in respect of invoice discounting agreements
- Derivatives and hedging products
- Corporation Tax disputes before the Special Commissioners
- VAT disputes before the VAT Tribunal
- Civil Fraud, including: – applications for freezing and search orders
- Applications for Insolvency Practitioners seeking to recover assets fraudulently dissipated whether in the UK or outside
- Applications on behalf of Banks against individuals who have committed a fraud upon them
- Civil Asset recovery in the Crown Court
- Applications for Customs and Excise
Avtar has acted for Banks in many types of cases involving bank securities, including guarantees, letters of credit, bills of exchange, invoice discounting, insolvency, breach of trust and knowing / dishonest assistance in the dissipation of assets, fraud, etc. He was involved in a number of cases acting for a bank in which he successfully recovered large sums of money from directors of companies where the banks had no form of security.
Recent Cases:
- A lengthy trial involving intellectual property;
- A court of appeal hearing involving issues as to the personal liability of an administrator of a company;
- A professional negligence case against a firm of solicitors;
- Partnership disputes;
- An alleged £22,000,000 fraud;
- A derivative action;
- Mis-selling of derivatives and hedging products;
- A high profile directors’ disqualification case;
- Proceedings in DIFC in Dubai;
- An international arbitration in Dubai
Reported Cases
- Creation Consumer Finance Ltd (t/a Premium First) v Allied Fort Insurance Services Ltd – Chancery Division, 30 November 2012
- Wright Hassall LLP v Morris [2012] EWCA Civ 1472 – Court of Appeal
- Hellard v Irwin Mitchell (A Firm) [2012] EWHC 2656 (Ch)
- Wright Hassall LLP v Morris [2012] EWHC 188 (Ch); [2012] B.C.C. 624; [2012] B.P.I.R. 654
- Till v Morris – Chancery Division District Registry (Birmingham), 22 December 2011
- Phoenix Property Investors Ltd v Grange Securities Ltd [2011] EWHC 1131 (Ch)
- Irwin v Lynch [2010] EWCA Civ 1153; [2011] 1 W.L.R. 1364; [2011] Bus. L.R. 504; [2011] B.P.I.R. 158 – Court of Appeal (Civil Division)
- Ahmed v Landstone Leisure Ltd [2009] EWHC 125 (Ch); [2009] B.P.I.R. 227
- Kelly v Hussain [2008] EWHC 1117 (Ch)
- Hill v Haines [2007] EWCA Civ 1284; [2008] Ch. 412; [2008] 2 W.L.R. 1250; [2008] 2 All E.R. 901; [2008] 1 F.L.R. 1192; [2007] 3 F.C.R. 785; [2007] B.P.I.R. 1280; [2008] W.T.L.R. 447; [2008] Fam. Law 199; [2007] 50 E.G. 109 (C.S.); (2007) 151 S.J.L.B. 1597; [2007] N.P.C. 132; Times, December 12, 2007 – Court of Appeal (Civil Division)
- Hill v Haines [2007] EWHC 1012 (Ch); [2007] 2 F.L.R. 983; [2007] 2 F.C.R. 513; [2007] B.P.I.R. 727; [2007] Fam. Law 890; [2007] N.P.C. 58; Times, May 14, 2007
- Foyle v Turner [2007] B.P.I.R. 43
- Re Bunting Electric Manufacturing Co Ltd [2005] EWHC 3345 (Ch); [2006] 1 B.C.L.C. 550
- Ram v Ram (No.1) [2004] EWCA Civ 1452; [2005] 2 B.C.L.C. 476; [2005] 2 F.L.R. 63; [2004] 3 F.C.R. 425; [2005] B.P.I.R. 616; [2005] Fam. Law 274; (2004) 148 S.J.L.B. 1317 – Court of Appeal (Civil Division)
- GPN Ltd (In Receivership) v O2 (UK) Ltd [2004] EWHC 2494 (TCC); [2005] C.I.L.L. 2285
- Sere Holdings Ltd v Volkswagen Group UK Ltd [2004] EWHC 1551 (Ch)
- Gough v Chief Constable of the West Midlands [2004] EWCA Civ 206; [2004] Po. L.R. 164; (2004) 148 S.J.L.B. 298; Times, March 4, 2004 – Court of Appeal (Civil Division)
- Hirani v Rendle [2003] EWHC 2538 (Ch); [2004] B.P.I.R. 274
- Morrison v Chief Constable of the West Midlands [2003] EWCA Civ 271; [2003] Po. L.R. 93; Independent, February 28, 2003 – Court of Appeal (Civil Division)
- Wheatley v Wheatley [1999] 2 F.L.R. 205; [1999] B.P.I.R. 431; [1999] Fam. Law 375
Education
B.A.
LL.M (Cantab)
Appointments and Memberships
1998 – Assistant Recorder
Commercial Bar Association
Midland Chancery and Commercial Bar Association
Dubai International Financial Centre
Testimonials
“He is right on the nose with the technicalities of the Insolvency Act.” Chambers UK 2022
“Excellent on insolvency and trust issues.” Chambers UK 2022
“Top-tier silk whose capabilities span the full spectrum of insolvency work.” Chambers UK
“A very slick barrister. He’s incredibly bright and a real fighter in court.” Chambers UK
“A terrific negotiator.” Chambers UK
“He has an eye for detail, particularly when it comes to drawing up deals in mediations.” Chambers UK
“He has a real knack for mastering cases quickly and identifying what the judge wants to hear. He’s also eminently affable with clients but a real hard edge with the other side.” Legal 500 2021
“He’s very bright and good on his feet.” Legal 500 2021
“An accomplished advocate who is popular with judges.” Legal 500 2021
“Experienced in a wide range of commercial litigation matters.” Legal 500 2020
“An imposing advocate and a smooth operator.” Legal 500
“Excellent technical knowledge and very good on his feet.” Chambers UK
“An excellent performer who is persuasive and assured in court.” Chambers UK
“He’s very calm, measured, understated, bright and very good on his feet.” Chambers UK
“Avtar is one of the best silks in the Midlands. He is quick to grasp the nub of the problem and assimilate the facts. He’s intellectually brilliant and a winner in court.” Chambers UK
“I’ve got a lot of time for him. He’s very calm under pressure, very reassuring in front of judges and very, very good in the courtroom.” Chambers UK
“Very compelling on his feet.” Legal 500
“A well-regarded silk with a broad company law practice. He has considerable expertise in shareholder disputes, claims for breach of duty and corporate restructurings.” Chambers UK
“He’s very good on his feet; his strength is his advocacy and the manner in which he comes across in court.” Chambers UK
“Top-tier silk whose capabilities span the full spectrum of insolvency work. He frequently handles complex cases on behalf of a range of clients, with notable experience in the financial sector. Market sources are quick to highlight his strength in oral advocacy and measured approach in court.” Chambers UK
“The most notable person in this market, he is a very impressive operator with a nice style and a balanced, smooth approach.” Chambers UK
