Pushpinder is a barrister with experience in a wide variety of areas of civil law, being an advocate regularly appearing in all Divisions of the High Court, as well as before the Court of Appeal. He also acts in arbitrations, regulatory and disciplinary tribunals, including sports disciplinary bodies. 

Prior to taking silk, and unlike many barristers of his call, Pushpinder was regularly instructed to appear as sole or senior Counsel in substantial actions in the High Court, the Court of Appeal and Privy Council. He has also appeared as Leading Counsel in the House of Lords, the Supreme Court, the European Court of Justice and European Court of Human Rights. A list of his reported cases is available upon request.

Pushpinder was a member of the Attorney General’s ‘A’ Panel list of Counsel prior to his appointment to Silk. In that role, he represented the Government in many of the leading public law cases in the last 10 years.

Pushpinder has been admitted for appearances as Leading Counsel to the Bars of the British Virgin Islands, the Cayman Islands and the Bahamas in financial services and trusts related disputes.

Pushpinder was listed in Chambers UK 2016 as a ‘Star at the Bar’ – “Pushpinder Saini QC is an exceptionally versatile and able advocate with the ability to turn his mind successfully to seemingly almost any legal issue. He is acknowledged as one of the country’s foremost experts in media & entertainment and telecommunications matters and possesses considerable expertise in a number of other fields, including human rights, competition, commercial litigation, financial services and public law. Instructing solicitors are delighted to instruct, “a seriously impressive performer who is very intellectually able and has a good manner with clients.” Another source remarks that he is an “excellent advocate – user friendly and commercially minded.”

In December 2013, Pushpinder was ranked as one of Chambers UK’s Top Silk Bar 100, in their inaugural listing of the top barristers practising at the Bar of England & Wales, “quality of work is always exceptional,”...“amazingly responsive and a pleasure to work with.”

Pushpinder is ranked in Chambers Global 2016 in Dispute Resolution and Competition/EU.

Experience

Shortlist

Commercial

Pushpinder Saini QC regularly appears in all divisions of the High Court, as well as the Court of Appeal, Supreme Court and Privy Council in commercial disputes and as leading counsel in domestic and international arbitrations including ICSID matters. He has a substantial court experience and, in particular, experience of cross-examination of expert witnesses. He stands out amongst his contemporaries in terms of the extent and breadth of his hands-on trial experience, including trials which have lasted many months. 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 three years, Pushpinder has spent much of his time acting as Counsel for the New York court appointed Trustee in Bankruptcy of Bernard Madoff. This has included litigation both in the Commercial Court in England, the Supreme Court and Privy Council and multiple actions in several Caribbean jurisdictions as described below. He has also, most recently, been engaged as leading counsel in a major arbitral dispute in the field of asset management.

Cases

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Financial Services

Pushpinder Saini QC 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.

Cases

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Public & Regulatory

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 EU sanctions, 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 CJEU.  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.

Cases

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Civil Liberties & Human Rights

Pushpinder is recognised as a leader in this field. He has appeared in several major cases in the domestic and Strasbourg courts which have led to important development in this area of law and in particular the expansion of the territorial scope of the Human Rights Act 1998. The Cyprus v Turkey inter-state litigation which concluded in 2014 is a recent example of his experience in this regard, as well as the Catherine Smith proceedings in the Supreme Court concerning the extra-territorial application of the ECHR.

More recently, he has been retained as lead counsel by number of international companies concerned with the scope of EU sanctions imposed following events in the Middle East and Ukraine and the cross-over between human rights law and commercial disputes. The Rosneft litigation described below is an example of such an instruction.

He is currently acting for a number of Russian and Ukraine nationals who are subject to EU and domestic law measures imposed following the events in Ukraine during 2014

Cases

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Media & Entertainment

In the Media and Entertainment field, both as a junior and now as Leading Counsel, Pushpinder Saini QC 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 as well as by the UK Government where he has recently appeared for BIS in defence of the judicial review proceedings brought by UK Music in relation to the format-shifting private copying exception introduced under EU law in the UK.

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 represented 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.

Cases

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EU & Competition

EU law in its own right and as an aspect of commercial and public law disputes plays a large part in Pushpinder Saini’s practice. His experience covers the broad range of competition law, general EU law including specifically sanctions related work, and EU regulatory action in business and utilities.  As to competition law, Pushpinder has substantial experience of private law competition law disputes. He appeared together with Jeremy Lever 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. He also acted for several major supermarkets in successfully defending the OFT tobacco cartel claims before the CAT. 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 broader EU law field, Pushpinder has regularly appeared for the UK Government in Luxembourg and represented the UK Government in domestic judicial review proceedings brought by the music industry challenging under EU law the introduction of the format-shifting private copying exception. Pushpinder is one of the leading UK silks in the developing area of EU sanctions law, having appeared in most of the principal English and EU cases in this area including the seminal Kadi case. He is retained by both Rosneft in its CJEU proceedings against EU-Russia sanctions and by the former President of Ukraine, Victor Yanukovich in his challenge to EU-Ukraine sanctions. Pushpinder is also regularly instructed by Regulators in a wide-range of fields including Telecoms, Energy and Financial Services. He has particular experience in disputes concerning price controls and economic and competition law challenges, as well as more general public law attacks on decisions of utilities regulators. He is acting for Ofcom in the spectrum pricing judicial review.


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Sport

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.

Pushpinder has acted for and advised several English and European football clubs in relation to arbitral issues related to player terms, discipline and fair play rules under the auspices of FA and UEFA rules. Clubs represented have included Tottenham, Wigan, West Bromwich Albion and a number of confidential La Liga teams. These disputes have included sponsorship disputes, as well as contractual matters concerning transfers. He has also represented F1 teams in relation to FIA disputes and recently appeared before the appeal board of the British Boxing Board of Control. Non-confidential matters are identified in more detail in the recent "cases" section below.

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Achievements

Education

MA (Oxon) First Class; BCL (Oxon) First Class, Senior Scholar of Gray's Inn (1991)

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.

Selected earlier reported cases

Commercial

  • Chalabi v Agha-Jaffar [2011] EWCA Civ  
  • Gesner v Bombardier [2011] EWCA Civ 1118
  • Gumball 3000 v Revolver Films [2010] EWHC 1190 (Ch)
  • DBI and SA v Office of Communications [2010] EWHC 1243 (Admin); (2010) 107(24) L.S.G. 23.
  • BAGS v AMRAC [2008] EWHC 1978 (Ch); [2009] UK CLR 1
  • 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)

Financial Services

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

Public & Regulatory

  • R v Secretary of State for Business Innovation and Skills, on the application of BT and TalkTalk [2011] EWHC 1021
  • DBI and SA v Office of Communications [2010] EWHC 1243 (Admin); (2010) 107(24) L.S.G. 23
  • Dari and Tum v Secretary of State (European Court of Justice) [2008] 1 WLR 94
  • 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)
  • 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 Licensing Authority, Ex Parte RPR [1998] Eu LR 127 (Administrative Court)
  • Parkinson v March Consulting [1998] ICR 276 (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)

Civil Liberties & Human Rights

  • Demopoulos v Turkey [2010] Grand Chamber of the European Court of Human Rights, 5 March 2010
  • 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
  • Secretary of State for Justice v James  [2010] 1 AC 553  [2009] 2 WLR 1149  [2009] HRLR  23  
  • 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
  • Kadi v Council and Commission (C-402/05 P) [2008] 3 C.M.L.R. 41; [2009] Lloyd's Rep. FC 95
  • Binyam Mohammed v Secretary of State [2008] EWHC 2048 (Admin) (2008) 105(34) L.S.G. 22; [2009] 1 WLR 2653
  • Thamer Al-Shanfari v European Council and Commission – settled on concession by the Defendants
  • De Boucherville v Mauritius (Privy Council) [2008] UKPC 37
  • OP (Jamaica) v Secretary of State (Court of Appeal) [2008] EWCA Civ 440
  • 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)
  • 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 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)
  • 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)
  • R v Secretary of State, Ex Parte O’Dhuibhir [1997] COD 315 (Court of Appeal) 
  • Rees v Apollo Watch Repairs [1996] 3 CMLR 297 (Employment Appeal Tribunal)
  • Airedale NHS Trust v Bland [1993] AC 789 (House of Lords)

Media & Entertainment

  • Beatles Rock Band 
  • Marbelow v EMI - settled
  • PPL Tribunal Reference [2009] RPC 7;  [2009] Bus LR D36
  • TA Music v Universal - settled
  • 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

EU & Competition

  • British Telecom v Office of Communications (Partial Private Circuits) [2011] CAT 5 (first instance and Court of Appeal)
  • British Telecom v Office of Communications (Ethernet)) [2011] CAT 15
  • British Telecom v Office of Communications (0800 numbers) [2011] CAT 15
  • OFT v Morrisons and Safeway 2011
  • BT v Ofcom [2010] CAT 15 and [2012] EWCA Civ 1051
  • BAGS v AMRAC [2008] EWHC 1978 (Ch); [2009] UK CLR 1
  • Vodafone v Ofcom [2008] CAT 22
  • Cable and Wireless v Ofcom – settled

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