Pushpinder Saini QC

Pushpinder Saini regularly appears in all divisions of the High Court in commercial disputes and arbitrations. He has a substantial amount of court experience and, in particular, experience of cross-examination. He stands out amongst his contemporaries in terms of the extent of his hands-on trial experience.  Pushpinder has been commended for his clarity of exposition and simplification of complex legal and factual issues in cases which are document heavy.  Many of his cases have international aspects and he has worked for long periods with foreign lawyers, particularly New York based firms. Over the past year, Pushpinder Saini has spent much of his time acting as Counsel for the New York court appointed Trustee in Bankruptcy of Bernard Madoff.

• Madoff Litigation - ongoing
  Leading Counsel in substantial number of European and Caribbean actions seeking to recover part of the US$50 billion which was lost under the Madoff Ponzi Scheme. Acting with New York lawyers for the Trustee in Bankruptcy of Bernard Madoff.  This retainer has involved multi-jurisdictional disputes covering issues of EU law, cross-border insolvency, US bankruptcy law, tracing claims and trusts law.
• Chalabi v Agha-Jaffar [2011] EWHC 203
  Acting on behalf of defendants in shareholder dispute concerning the treatment of claimed share sale proceeds. Succeeded in the Commercial Court and an appeal to the Court of Appeal is pending.
• Gesner v Bombardier [2010] EWHC 2643 
  Acting on behalf of Bombardier in Commercial Court proceedings concerning alleged breach of an aircraft delivery contract. Succeeded in the Commercial Court and the hearing in the Court of Appeal is pending.
• Gordon Ramsey v Hutcheson - 2011 ongoing
  Acting for Gordon Ramsey and his holding companies in proceedings against his former business partners..
• National Express v Department for Transport - ongoing
  Acted for National Express in dispute concerning East Coast franchise and the Government takeover of the franchise. The cases raised issues of commercial law in a public law regulatory context.
• Gumball 3000 v Revolver Films [2010] EWHC 1190 (Ch)
  Acted for the successful claimant in an action for damages, accounting relief and copyright remedies in the Chancery Division in a case arising out of a film distribution contract. Witness action over 2 weeks concerning reporting and exploiting obligations. 
• DBI and SA v Office of Communications [2010] EWHC 1243 (Admin); (2010) 107(24) L.S.G. 23.
  Acted for the Claimants in a commercial judicial review claim seeking declaratory relief and damages against Ofcom in respect of termination of broadcasting licences. The case, heard in the Administrative Court during May 2010, raised for the first time in the English courts, the issue of the private law status of regulatory licences and whether they gave contractual rights.
• BAGS v AMRAC [2008] EWHC 1978 (Ch); [2009] UK CLR 1
  Successfully acted for the major bookmaking firms including Ladbrokes and William Hill in defence of cartel allegations which were the subject of a four week trial before Morgan J in the Chancery Division.  The case involved extensive examination of documents said to contain damaging admissions, cross examination and legal submissions.

• QR Sciences v BTG (2005) FSR 43
• Railtrack litigation [2004] EWHC (Ch); [2005] UKHRR 154
• Peer Music v Termidor [2003] EMLR, Times, 2 January 2003 (Chancery Division); (2004) RPC 22
• Papamichael v National Westminster Bank (2003) 1 Lloyd’s Rep 341 (Commercial Court)
• De Beer v Kanaar & Co [2003] 1 WLR 38 (Court of Appeal)
• Profinance Trust SA v Gladstone [2002] 1 WLR 1024 (Court of Appeal)
• Ball v Eden Project [2002] 1 BCLC 313; [2002] FSR 43 (Chancery Division)
• Walmsley v Acid Jazz [2001] ECDR 4 (Chancery Division)
• MacPherson v European Strategic Bureau [2000] BCLC 683 (Court of Appeal)
• TSC Europe v Massey [1999] IRLR 22 (Chancery Division)
• Attorney General v Blake [1998] Ch 439
• Wienerworld v Virgin Vision [1998] FSR 832 (Chancery Division)

Pushpinder Saini has acted for and against financial services regulatory authorities including SFA, SIB, IMRO and FSA. He was involved in the substantial litigation and disciplinary proceedings resulting from the collapse of Barings, and also the disciplinary proceedings brought against former directors of Morgan Grenfell in relation to the Peter Young affair. Through his experience of litigation in this field, Pushpinder has gained particular knowledge of structured products and complex derivatives through his experience acting in this area. He has advised the FSA recently in relation to the short-selling ban and is involved for several parties in proceedings arising out of the Lehman collapse.

• FSA v GLG and Philip Jabre
  Acted for the hedge fund GLG before the Regulatory Decisions Committee in disciplinary proceedings brought in respect of alleged insider dealing by a partner.
• FSA v Kyte Securities
  Acted for the defendant in disciplinary proceedings before the Regulatory Decisions Committee. The case concerned alleged accounting malpractices and deficiencies.
• Royal London - ongoing
  Acting for the FSA concerning its consultation on the future of "with profits" only funds.

• SFA v Barings and directors
• IMRO v Percy
• SFA v ICE Securities
• Southall v PIA

Pushpinder is an acknowledged leading barrister in this field. He has appeared regularly for the Crown in substantial judicial review actions in all levels of court. In addition to appearing for Government departments he has acted for many applicant companies, and for regulatory authorities in judicial review proceedings brought within a commercial context. The areas his practice has covered include telecommunications, publishing, education, local authority finance, gas and electricity regulation and the takeover panel.  Pushpinder's public law experience also embraces wider EU law actions including several judicial reviews in the pharmaceuticals field which have been referred to the ECJ.  He appeared on behalf of the UK Government in Luxembourg in the case Rhone-Poulenc Rorer brought against the Medicines Control Agency.  He also acted as sole counsel for the UK Government in the important ECJ case Baumbast relating to new rights of residence and movement in the EU of EU nationals.  He acted for the Parole Board in its successful defence against proceedings brought by Tony Martin.  He was sole Counsel for the UK Government in the joined Court of Appeal and ECJ cases of Dari and Tum, which concern free movement rights of Turkish citizens within the EU, and also represented the Legal Services Commission in relation to a dispute relating to Abu Hamza’s removal from the UK.

In the human rights field, Pushpinder was one of the team of UK and international lawyers instructed by the Cyprus government on the recently concluded Inter-State case in Strasbourg against Turkey. He is now acting as Counsel for Cyprus in the remedies phase of that action. In addition, he has appeared for both applicants and the Cyprus government as Counsel in a substantial number of Strasbourg applications across broad areas ranging from criminal law to property disputes.  Pushpinder acted in the team representing an alleged terrorist funder in the ECJ concerning freezing of assets by the EC post 9/11 (Kadi v Council and the Commission).

• R v Secretary of State for Business Innovation and Skills, on the application of BT and TalkTalk [2011] EWHC 1021
  Acted for the creative industries in successfully opposing the challenge by BT and TalkTalk to the online infringement provisions of the Digital Economy Act 2010. Appeal to the Court of Appeal pending.
• Zarti v European Council - ongoing
  Acting on behalf of former deputy of the Libya Investment Authority in relation to proceedings concerning sanctions applied by the EU. 
• Al-Fartoosi v Ministry of Defence - ongoing
  Acting for the Government in combined judicial review and civil proceedings alleging systemic abuse of Iraqi nationals by British troops during the occupation of Iraq.
• DBI and SA v Office of Communications [2010] EWHC 1243 (Admin); (2010) 107(24) L.S.G. 23
  Acted for the Claimants in a commercial judicial review claim seeking declaratory relief and damages against Ofcom in respect of termination of broadcasting licences. The case, heard in the Administrative Court, raised for the first time in the English courts, the issue of the private law status of regulatory licences and whether they gave contractual rights.
• Demopoulos v Turkey [2010] Grand Chamber of the European Court of Human Rights, 5 March 2010
  Acted for the Government of Cyprus in the Grand Chamber of the European Court of Human Rights in test cases concerning domestic remedies claimed to have been provided to Greek Cypriot persons whose properties were appropriated following the 1974 invasion.
• QD (Iraq) v Secretary of State for the Home Department [2009] EWCA Civ 620; [2010] Imm. AR 132; [2009] INLR 514; [2010] 2 All ER 971
  Acted for the Government in the Court of Appeal in the first case to raise the issue of construction of the Qualification Directive giving rights to those fleeing conflict zones.
• Secretary of State for Justice v James  [2010] 1 AC 553  [2009] 2 WLR 1149  [2009] HRLR  23 
  Acted for the Parole Board in the House of Lords in a case concerning the rights to parole of those sentenced to indeterminate periods of detention. Raised issues under the Human Rights Act 1998, article 5.
• R (on the application of Smith) v Oxfordshire Assistant Deputy Coroner [2009] EWCA Civ 441; (2009) 159 NLJ 790; Times, May 20, 2009; [2009] 3 WLR 1099
  Acted for the MOD in a case concerning the application of the Human Rights Act 1998 to British soldiers on active service in Iraq. The case raised issues of international and ECHR law.
• Kadi v Council and Commission (C-402/05 P) [2008] 3 C.M.L.R. 41; [2009] Lloyd's Rep. FC 95
  Acted for Mr. Kadi in his challenge to the UN led sanctions regime adopted post 9-11 in relation to those accused of supporting terrorism and Al-Qaeda. The case went to the European Court of Justice where Mr. Kadi succeeded in establishing the invalidity of EU legislation implementing the sanctions. This has been hailed as one of the most important decisions in the history of the European Court of Justice.
• Binyam Mohammed v Secretary of State [2008] EWHC 2048 (Admin) (2008) 105(34) L.S.G. 22; [2009] 1 WLR 2653
  Acted for the Foreign Secretary in the proceedings brought by former Guantanamo Bay detainee Mohammed seeking disclosure of intelligence communications concerning alleged torture.
• Thamer Al-Shanfari v European Council and Commission – settled on concession by the Defendants
  Acted for a person alleged to been involved with the Mugabe regime who had had his assets frozen in the EU. Challenge in the General Court of the EU.

• De Boucherville v Mauritius (Privy Council) [2008] UKPC 37
• OP (Jamaica) v Secretary of State (Court of Appeal) [2008] EWCA Civ 440
• Dari and Tum v Secretary of State (European Court of Justice) [2008] 1 WLR 94
• Prince of Wales v Associated Newspapers (Court of Appeal) [2008] Ch 57
• Church of Scientology v Russia (European Court of Human Rights)
• Ozturk and Payir v Secretary of State (European Court of Justice) [2008] 1 WLR 1910
• Kakoulli v Turkey (European Court of Human Rights) (2007) 45 EHRR 12
• Ozturk and Payir v Secretary of State (Court of Appeal) [2007] 1 WLR 508
• Beggs v Scottish Ministers (House of Lords) [2007] 1 WLR 455
• Wright v Secretary of State (Court of Appeal) (2006) HRLR 23
• R (on the application of Tony Martin) v Secretary of State, Times, 15 May 2003 (Administrative Court)
• R (on the application of Davies v Financial Services Authority) [2003] 1 WLR 1284 (Administrative Court and Court of Appeal)
• Westminster City Council v National Asylum Support Service [2001] EWHC Admin 138. *Affirmed [2002] 1 WLR 2956 (HL)
• Reynolds v Times Newspapers [2001] 2 AC 127 (House of Lords)
• R v Home Office, Ex parte A [2000] 1 Cr. App. R. (S) 336 (Administrative Court)l reversed [2000] 2 AC 276 (House of Lords)
• Holland v Lampen-Wolfe [2000] 1 WLR 1573 (House of Lords)
• R v Medicines Control Agency, Ex Parte Rhone Poulenc Rorer [1999] Eu LR 181 (Administrative Court)
• R v Chief Constable of North Wales, Ex Parte Thorpe [1999] QB 396 (Court of Appeal)
• R v Director General of Telecommunications, Ex Parte Cellcom, Times, 7 December 1998 (Administrative Court)
• R v Secretary of State, Ex Parte Harry [1998] 1 WLR 1737 (Administrative Court)
• R v Secretary of State, Ex Parte RP Scherer [1998] EU LR 1 (Administrative Court)
• R v Licensing Authority, Ex Parte RPR [1998] Eu LR 127 (Administrative Court)
• Attorney General v Blake [1998] Ch 439 (Court of Appeal)
• Rafiq v Secretary of State [1998] 1 FCR 293; Times, 14 January 1998 (Court of Appeal)
• Parkinson v March Consulting [1998] ICR 276 (Court of Appeal)
• R v Secretary of State, Ex Parte O’Dhuibhir [1997] COD 315 (Court of Appeal)
• R v Secretary of State, Ex Parte Alabi [1997] INLR 124 (Court of Appeal)
• CM v Secretary of State [1997] Imm AR 336 (Court of Appeal)
• R v Secretary of State, Ex Parte Arif [1997] COD 477 (Administrative Court)
• R v Secretary of State, Ex Parte Naughton [1997] 1 WLR 118 (Divisional Court)
• Solicitor (Disclosure of Confidential Records) [1997] 1 FLR 101 (Family Division)
• R v Licensing Authority, Ex Parte Monsanto [1997] 3 CMLR 402; [1997] EU LR 42 (Administrative Court)
• Rees v Apollo Watch Repairs [1996] 3 CMLR 297 (Employment Appeal Tribunal)
• Airedale NHS Trust v Bland [1993] AC 789 (House of Lords)

In the Media and Entertainment field, both as a junior and now as Leading Counsel, Pushpinder Saini is recognized as being one of the first ports of call. He has appeared as Counsel in most of the principal cases in this field in recent history. He is regularly instructed by major artists and film and record companies. Amongst others, he has acted for Oasis, the Marley Estate, PolyGram, BMG, Warner Music, Universal Music, Island Records, Sony, Ocean Colour Scene, Queen, Michael Jackson, the Fleming estate, Pink Floyd, Simon Cowell and Brian May. He also appeared in the substantial Chancery litigation concerning Riverdance and Michael Flatley. Pushpinder has appeared both for and against collection societies before the Copyright Tribunal. He has acted for the MCPS and PPL in substantial copyright tribunal proceedings, and is currently representing PPL in a major EU-law infringement action against the UK Government arising out of non-implementation of the Rental and Copyright Directives. He acted on behalf of Peer Music in the important conflicts case against the Cuban state concerning expropriation of US owned copyrights in Cuban works. He is currently working for PPL in relation to the Copyright Tribunal references arising out of the amendments to section 72 of the CDPA 1988.

He has recently been appointed as an arbitrator on PPL’s Performer Board Dispute Committee.

• Beatles Rock Band - ongoing
  Acting for EMI in Chancery Division proceedings concerning music rights in the newly released console Rock Band game. 
• Gumball 3000 v Revolver Films [2010] EWHC 1190 (Ch)
  Acted for the successful claimant in an action for damages, accounting relief and copyright remedies in the Chancery Division in a case arising out of a film distribution contract.
• Marbelow v EMI - settled
  Acted in proceedings for EMI when sued by Spandau Ballet for claimed historic under accounting. The case raised complex issues of both accounting practice and implied terms within the music business.
• PPL Tribunal Reference  [2009] RPC 7;  [2009] Bus LR D36
  Acted for PPL in a reference under s.128A of the Copyright Description and Patents Act 1988 concerning the amounts that commercial enterprises should pay PPL for broadcasting sound recordings
• TA Music v Universal - settled
  Acted for Universal in a multi-million dollar breach of contract claim brought on behalf of the girl band TATU. The case concerned conflict of laws issues and Russian law applicable law.

• Peer Music Ltd v Termidor Music  [2003] EMLR, Times, 2 January 2003 (Chancery Division); (2004) RPC 22
• George Michael v Sony
• Flatley v Reid (Riverdance litigation)
• Sony Music Entertainment v Easyinternetcafe Ltd. 
• Ludlow Music v Robbie Williams (No.2) [2002] FSR 57
• Ludlow Music v Robbie Williams (No.1) [2001] FSR 19
• Walmsley v Acid Jazz [2001] ECDR 4
• Wienerworld v Virgin Vision [1998] FSR 832
• Banks v EMI Songs [1996] EMLR 452
• R v Radio Authority, Ex Parte Guardian Media Group [1995] 1 WLR 334

Pushpinder has substantial experience of private law contentious work in the competition and regulator field. He appeared together with Jeremy Leaver QC in one of the first domestic law private competition enforcement actions, the George Michael v Sony litigation, which concerned music recording agreements alleged to violate former art. 81. More recently he successfully led the defence on behalf of the major UK bookmakers William Hill, Ladbrokes and BetFred against allegations of a cartel to boycott a new entity created by race course interests to market TV picture rights. Pushpinder has also advised commercial entities which have been the subject of OFT and OFCOM action in the competition field. He has advised and continues to advise several UK collection societies in relation to competition law challenges brought to music and sound recording licensing schemes.

• British Telecom v Office of Communications (Partial Private Circuits) [2011] CAT 5
  British Telecom v Office of Communications (Ethernet)) [2011] CAT 15
  British Telecom v Office of Communications (0800 numbers) [2011]  CAT 15
  Acted for Ofcom in these three cases concerning the jurisdiction of Ofcom in regulatory disputes and the meaning and application of BT’s cost orientation obligations imposed as a result of significant market power. 
• OFT v Morrisons and Safeway - ongoing
  Acting for the supermarkets in the Competition Appeal Tribunal in the challenge to the OFT’s findings and penalties in relation to a claimed unlawful tobacco pricing agreement.
• BT v Ofcom [2010] CAT 15
  Acting for Ofcom in the Competition Appeal Tribunal in BT’s challenge to a direction that it repay £42m to alternative network providers in respect of access to partial private circuits. Thus far, Ofcom has succeeded on a preliminary issue as to the scope of Ofcom’s dispute resolution powers under the Framework Directive and domestic legislation.
• BAGS v AMRAC [2008] EWHC 1978 (Ch); [2009] UK CLR 1
  Successfully acted for bookmakers firms including Ladbrokes and William Hill in defence of cartel allegations which were the subject of a four week trial before Morgan J in the Chancery Division.  The case involved extensive examination of documents said to contain damaging admissions, cross examination and legal submissions.
• Vodafone v Ofcom [2008] CAT 22
  Acted for Ofcom in challenge to mobile number portability requirements. The case concerned the appropriateness of Ofcom’s approach to the cost/benefit analysis required when implementing onerous regulatory decisions.
• Cable and Wireless v Ofcom - settled
  Acted for Ofcom in defending a challenge before the Competition Appeal Tribunal by Cable and Wireless against Ofcom decision not to require BT to repay £8m overcharges.

In the sports law field, Pushpinder has acted for a wide range of interests including both sports persons and regulators. He has also acted for broadcasters in disputes concerning multi-national licensing of football, cricket and horseracing broadcast rights and relations with the principal sporting governing bodies. He represented the International Cricket Council as prosecuting counsel in the “ball tampering” proceedings against Inzamam Ul-Haq.

• Indian Premier League v Mohammed Asif
  Acted for Indian Premier League cricket in first prosecution of a cricketer for taking performance enhancing drugs.
• BBC Worldwide v UK Athletics - settled
  Acted for the BBC in rights dispute with UK Athletics concerning the worldwide broadcast rights for events. The issues raised concerned the sale by UKA to the Diamond League of rights which BBC Worldwide alleged had already been sold to the BBC.

Other Posts and Publications:

Pushpinder has taught law at the Universities of Oxford and London. He is a regular speaker at conferences and seminars. Pushpinder Saini is a co-author of Lester & Oliver on Constitutional Law (1996), Goulding on European Employment Law (1999) and of Lester, Pannick and Herberg, Human Rights Law and Practice  (2009, 3rd edition).

Other Information:

VAT registration number:  564420158