Pushpinder Saini QC

In the commercial field Pushpinder Saini has appeared as Junior Counsel in several substantial actions, including George Michael v Sony (restraint of trade, EC Treaty Article 81), Frogmore Estates v Berger (commercial fraud, breach of fiduciary duty), Black v Davies (LME copper trading, fraud and futures). He has been involved in litigation resulting from the attempted hostile take-over of Capital Corporation plc by London Clubs International. His commercial cases have included actions concerning EC competition law, breach of warranty claims, insurance and re-insurance in the Lloyds market, metals/commodities exchanges, anti-suit injunctions, and directors’ fiduciary duties. He appeared for the directors in the case MacPherson v European Strategic Bureau [1992] 2 BCLC 203 (ChD), and in the patent licence construction dispute BTG v Boehringer Mannheim Corporation. He appeared with Leading Counsel for the Bank in the restitution case Papamichael v Royal Bank of Scotland concerning constructive trust remedies, and in the disputes concerning responsibility for asbestos related claims following the insolvency of a major insurer.  He acted as amicus in the Court of Appeal in the litigation Attorney General v Blake (restitutionary remedies for breach of contract- referred to further below), and has been involved in a substantial number of film finance/insurance disputes. In the last year, he acted for a major US publishing company in the conflicts of law dispute Peer Music v Termidor in the Court of Appeal. This concerned the powers of States to pass legislation expropriating foreign intellectual property.

He acted in one of the few successful claims for rectification of contract for unilateral mistake in QR Sciences v BTG (Chancery Division) (2005) FSR 43

Pushpinder acted for the Government in the Railtrack litigation brought by a class of private shareholders in relation to the administration of Railtrack. He has also represented the Government in several disputes concerning emergency steps taken after 9/11.

In the broader commercial field, he has acted for a number of regulators/regulated firms in commercial disputes with a public law aspect.  He is familiar with gas, electricity, telecoms and renewables regulation and is able to combine the skills of a commercial lawyer with an in-depth knowledge of governmental regulation.

• Wienerworld v Virgin Vision [1998] FSR 832 (Chancery Division)
• TSC Europe v Massey [1999] IRLR 22 (Chancery Division)
• MacPherson v European Strategic Bureau [2000] BCLC 683 (Court of Appeal)
• Walmsley v Acid Jazz [2001] ECDR 4 (Chancery Division)
• Ball v Eden Project [2002] 1 BCLC 313; [2002] FSR 43 (Chancery Division)
• Profinance Trust SA v Gladstone [2002] 1 WLR 1024 (Court of Appeal)
• De Beer v Kanaar & Co [2003] 1 WLR 38 (Court of Appeal)
• Norton v General Medical Council (2002) 68 BMLR 169 (Privy Council)
• Peer International Corp. v Termidor [2003] EMLR, Times, 2 January 2003 (Chancery Division). Affirmed [2003] EWCA Civ 1156 (CA)
• Papamichael v National Westminster Bank (2003) 1 Lloyd’s Rep 341 (Commercial Court)
• Bookmakers' Afternoon Greyhound Services v AMRAC (Chancery Division, November 2008)

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. He acted, with Leading Counsel, on behalf of the SFA in the various disciplinary actions brought against former directors of Barings. He has assisted the DTI Inspectors in the preparation of their Report on Guinness, and acted as Counsel in various post-Maxwell disciplinary proceedings. More recently he has acted for several major hedge funds in disciplinary proceedings brought by the FSA. Through such cases he has gained substantial experience of financial regulation, accounting standards, trading strategies in futures and options and other financial instruments.  Most recently he has represented defendants in disciplinary proceedings arising out of alleged misconduct by brokers in carrying out an emerging markets placement, as well as various complaints concerning breaches of duty by investment banks in advising on tech stocks. Pushpinder Saini is currently advising both UK and US regulatory authorities, as well as certain banking instituions in relation to issues arising out of the credit crunch.

Pushpinder Saini has appeared regularly for the Crown in substantial judicial review actions. 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 acted as Amicus Curiae in the Court of Appeal in the breach of fiduciary duty action brought against the ex-spy George Blake by the Attorney General. He also represented Orange telecommunications in the successful judicial review of the Department of Trade and Industry in relation to 3rd generation mobile telephone licences.

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 has represented the Home Office in a series of challenges from first instance to the Court of Appeal and Lords in relation to asylum support controls and the introduction of tighter procedures. 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 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).

During 2008 Pushpinder acted for the Foreign Secretary in the Norwhich Pharmacal disclosure claim brought by Guantanamo detainee Binyham Mohammed.

(* indicates being led)

• *Airedale NHS Trust v Bland [1993] AC 789 (House of Lords).
• R v Legal Aid Board, Ex Parte Megarry [1994] COD 468 (Administrative Court).
• *R v Secretary of State, Ex Parte Singh [1995] Imm AR 447 (Administrative Court).
• R v National Rivers Authority, Ex Parte Moreton [1996] Env LR 234 (Administrative Court).
• R v Parole Board, Ex Parte Martin [1996] COD 326 (Divisional Court).
• Rees v Apollo Watch Repairs [1996] 3 CMLR 297 (Employment Appeal Tribunal).
• Tong v Secretary of State [1996] Imm AR 551 (Court of Appeal).
• R v Secretary of State, Ex Parte Arunlandam, [1996] Imm AR 587 (Court of Appeal).
• R v Secretary of State, Ex Parte Adebiyi [1997] Imm AR 57 (Court of Appeal).
• *R v Licensing Authority, Ex Parte Monsanto [1997] 3 CMLR 402; [1997] EU LR 42 (Administrative Court).
• Solicitor (Disclosure of Confidential Records) [1997] 1 FLR 101 (Family Division).
• *R v Secretary of State, Ex Parte Naughton [1997] 1 WLR 118 (Divisional Court)
• R v Secretary of State, Ex Parte Arif [1997] COD 477 (Administrative Court).
• R v Secretary of State, Ex Parte Janneh [1997] Imm AR 154 (Administrative Court).
• Parkinson v March Consulting [1998] ICR 276 (Court of Appeal)
• CM v Secretary of State [1997] Imm AR 336 (Court of Appeal).
• R v Secretary of State, Ex Parte Alabi [1997] INLR 124 (Court of Appeal).
• *R v Secretary of State, Ex Parte O’Dhuibhir [1997] COD 315 (Court of Appeal)
• Lowe v South Somerset DC [1998] Env. LR 143 (Divisional Court).
• Rafiq v Secretary of State [1998] 1 FCR 293; Times, 14 January 1998 (Court of Appeal).
• *Attorney General v Blake [1998] Ch 439 (Court of Appeal).
• R v Licensing Authority, Ex Parte RPR [1998] Eu LR 127 (Administrative Court).
• R v Secretary of State, Ex Parte RP Scherer [1998] EU LR 1 (Administative Court).
• *R v Secretary of State, Ex Parte Harry [1998] 1 WLR 1737 (Administrative Court).
• R v Broadmoor Special Hospital Authority, Ex Parte S, Times, 17 February 1998 (Court of Appeal)
• *R v Director General of Telecommunications, Ex Parte Cellcom, Times, 7 December 1998 (Adminstrative Court).
• *R v Chief Constable of North Wales, Ex Parte Thorpe [1999] QB 396 (Court of Appeal)
• R v Entry Clearance Officer, Ex Parte Aidoo [1999] Imm AR 221 (Administrative Court).
• *R v Medicines Control Agency, Ex Parte Rhone Poulenc Rorer [1999] Eu LR 181 (Administrative Court)
• Vidler v Unison [1999] ICR 746 (Employment Tribunal).
• *Holland v Lampen-Wolfe [2000] 1 WLR 1573 (House of Lords)
• Mercury Personal Communications v Secretary of State [2000] UKCLR 143; Times, 20 October 1999 (Court of Appeal).
• 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)
• Khatib-Shahidi v Immigration Appeal Tribunal [2000] INLR 491; [2001] Imm AR 124 (Court of Appeal).
• Sengoz v Secretary of State, Times, 13 August 2001 (Court of Appeal).
• A v Secretary of State [2002] 3 CMLR 14 (Court of Appeal)
• Westminster City Council v National Asylum Support Service [2001] EWHC Admin 138. *Affirmed [2002] 1 WLR 2956 (HL).
• Storozenko v Secretary of State [2002] Imm AR 329 (Court of Appeal).
• Secretary of State v Chief Asylum Adjudicator, Times, 29 November 2002 (Administrative Court).
• *R (on the application of Davies v Financial Services Authority) [2003] 1 WLR 1284 (Administrative Court and Court of Appeal)
• R (on the application of Tony Martin) v Secretary of State, Times, 15 May 2003 (Administrative Court).
• Tum v Secretary of State Times, 27 November 2003 (Administrative Court)
• Dogan v Secretary of State Times 13 November 2003 (Court of Appeal)
• Wright v Secretary of State (Court of Appeal) (2006) HRLR 23
• *Beggs v Scottish Ministers (House of Lords) [2007] 1 WLR 455
• Ozturk and Payir v Secretary of State (Court of Appeal) [2007] 1 WLR 508
• Ozturk and Payir v Secretary of State (European Court of Justice) [2008] 1 WLR 1910
• Church of Scientology v Russia (European Court of Human Rights)
• *Prince of Wales v Associated Newspapers (Court of Appeal) [2008] Ch 57
• Kakoulli v Turkey (European Court of Human Rights) (2007) 45 EHRR 12
• Dari and Tum v Secretary of State (European Court of Justice) [2008] 1 WLR 94
• KH (Country Guidance) (AIT 2008)
• *Kadi v Council and Commission, 5 October 2008 (ECJ)
• R (Binyham Mohammed) v Foreign Secretary (Divisional Court) [2008] EWHC 2048 (Admin)
• OP (Jamaica) v Secretary of State (Court of Appeal) [2008] EWCA Civ 440
• De Boucherville v Mauritius (Privy Council) [2008] UKPC 37

In the Media and Entertainment field, Pushpinder Saini has appeared either alone or as Junior Counsel in many of the principal cases in this field in the past five years including the George Michael case. He is regularly instructed by major artists and film and record companies. He has acted for Oasis, the Marley Estate, PolyGram, BMG, Warner Music, Universal Music, Island Records, Sony, Ocean Colour Scene, Queen, the Fleming Estate, Pink Floyd, 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.

Information Technology:

Pushpinder also has experience of litigation centering on new technologies and their intellectual property implications, particularly digital technology and satellite communications. He acted on behalf of the BPI and IFPI in the proceedings seeking copyright remedies against EasyInternet for their involvement in providing facilities for unlawful downloading of sound recordings. He has recently been advising the record industry in relation to potential legislative changes to tackle unlawful peer to peer copyright infringements.

(* indicates being led)

• *Panayiotou v Sony Music Entertainment [1994] Ch 142 (Chancery Division)
• *Panayiotou v Sony Music Entertainment [1994] EMLR 229 (Chancery Division)
• *R v Radio Authority, Ex Parte Guardian Media Group [1995] 1 WLR 334 (Administrative Court)
• Banks v EMI Songs [1996] EMLR 452 (Chancery Division)
• Ludlow Music v Robbie Williams (No.1) [2001] FSR 19 (Chancery Division)
• Ludlow Music v Robbie Williams (No.2) [2002] FSR 57 (Chancery Divison)
• *Reynolds v Times Newspapers [2001] 2 AC 127 (House of Lords)
• Universities UK v Copyright Licensing Agency (2002 IPD 25021 (Copyright Tribunal)
• *Sony Music Entertainment v Easyinternetcafe Ltd.  Times , 6 February 2003, (Chancery Division)
• *Oakley v Secretary of State (Court of Appeal) Times, 7 November, 2005; [2006] 2 WLR 294; [2006] RPC 9
• Bookmakers' Afternoon Greyhound Services v AMRAC (Chancery Division) [2008] EWHC 1978 (Ch)

Pushpinder Saini 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 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. This was a substantial witness action tried by Morgan J in the Chancery Division during 2008:

Bookmakers’ Afternoon Greyhound Services v AMRAC (Chancery Division) [2008]  EWHC 1978 (Ch)

Pushpinder has also advised commercial entities which have been the subject of OFT and OFCOM action in the competition field. He represented OFCOM in the MNP litigation in the Competition Appeal Tribunal; and 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.

In the sports law field, Pushpinder Saini represented the RFU in the action brought by Rotherham in relation to promotion to the Allied Dunbar Premier League. 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 proceedings against Inzamam Ul-Haq. He has acted for several athletes accused of doping violations.

Other Posts and Publications:

Pushpinder Saini 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, Human Rights Law and Practice  (2004, forthcoming 2nd edition).