Amit Gupta

Call: 2006

Introduction

Amit practices in general commercial litigation with a strong focus on insolvency, property and banking.

Amit has a wealth of experience in insolvency work; he is instructed on cases pre and post an insolvency procedure, including setting aside or resisting transactions at an undervalue or preference payments. He acts for individuals, companies, partnerships and insolvency practitioners. He has recently appeared in the High Court in applications seeking to cure defective out of Court Administration Appointments and in a high value contested bankruptcy petition.

His property practice includes Landlord and Tenant, trusts, boundary disputes, commercial break clause disputes, dilapidation claims and rights of way disputes. He recently appeared in a six day High Court property trial concerning constructive trusts but also involving allegations of dishonesty and forgery.

Amit is also regularly instructed to act for high street banks in litigation concerning guarantees and indemnities, professional negligence and recovery of assets. He is currently being led by John Randall QC in a high value solicitors negligence case.

He is regularly involved in cases at an early stage in order to advise (not only on merits but also on tactics), to draft documentation and explore settlement options. Amit prides himself on giving clear and practical advice, quickly absorbing complicated instructions in order to give clear bite-sized advice and sharing the workload with his instructing solicitors.

Amit is fluent in speaking Hindi, Panjabi and Urdu (he can also read Hindi).

Recent Cases:

Amit’s recent unreported/ongoing cases involve:

General:

Amit is currently instructed on a multi-million pound claim which includes breach of contract, property law, personal injury, conversion, breaches of various statutory duties and the Human Rights Act, which is with the Court of Appeal for permission to appeal.

A four day fraud trial in the Central London County Court in two conjoined cases.

Advising on the enforcement of English judgments abroad (including India and USA).

Advising on one of the West Midlands’ largest fires and a proposed claim for damages (ongoing).

Insolvency:

An application to revoke a CVA by a petitioning creditor who alleges unfair prejudice.

Drafting documentation and appearing at a hearing seeking to cure a defective out-of court administration appoint.

Acting for a well-known bank resisting an appeal on the making of a bankruptcy order (debts over £1m).

Trial concerning the equity of exoneration of a bankrupt’s spouse.

Property:

Acting for an applicant in an injunction to compel the respondent to sign property transfer forms (including the DS1) where the sale of a multi-million pound property in South Kensington was at stake. The case is currently with the Court of Appeal awaiting a permission to appeal oral hearing.

Five linked claims for possession orders (collectively worth nearly £4m) where there are allegations of negligence, misrepresentation, estoppel and undue influence.

Advising pop-star resisting possession proceedings.

Acting for a well-known bank in competing applications for summary judgment and striking out based on a defence of limitation (to determine whether a cause of action arose just before or just after the applicable 12 year limitation period had expired).

Banking:

Advising on, drafting and appearing on contested delivery up of goods.

Advising on the validity of a debenture.

Advising on, drafting and appearing at trial on cases involving guarantees and indemnities.

Consumer Credit Act claims (instructed by banks and consumers).

Professional Negligence:

Advising on a £8m professional negligence claim, being led by John Randall QC.

Advising on a negligent surveyor’s report.

Reported Cases:

Chatha -v- Uppal [2012] EWHC 2150 (Ch) – a case considering the ramifications of immigration laws in the context of freezing orders and passport orders.

Qualifications and Appointments:

LLB, University College of London (UCL)

Memberships:

COMBAR
Midlands Chancery and Commercial Bar Association (MCCBA)

 

 


My Expertise