a growing City injunctions and bonus claims practice and played a prominent role in the high-profile Tullet Prebon case, concerning a major City team move
Chambers UK

Mohinderpal Sethi
Year of Call 1996

Mohinderpal is recognised for his expertise in the full range of employment and related commercial and partnership law disputes with an emphasis on High Court litigation (particularly restrictive covenant injunctions, team moves and bonus claims) and complex employment tribunal complaints (especially discrimination, whistleblowing and TUPE), in addition to his considerable appellate advocacy experience.

Mohinderpal is ranked in Band 1 (the top 10 leading juniors in the country) by Chambers UK.

He has extensive experience of acting for a wide spectrum of clients from multinational corporations, international banks and other City institutions to high profile individuals, senior executives and equity partners in high value and commercially or politically sensitive cases.

A former Litigator for a FTSE 100 company, Mohinderpal is particularly attuned to working as part of a legal team providing strategic, commercial and cost-sensitive solutions to knotty legal problems.

Mohinderpal Sethi's book Employment Tribunal Remedies (4th Edition, Oxford University Press, 2011) has received such accolades as 'definitely a 'must read' - ELA Briefing Vol 18 No 7 August 2011; and 'highly recommended' - New Law Journal (2011) 161 NLJ 1562.

Recent notable cases:

  • International Law, Human Rights and EU Law: Al-Malki v Reyes [2014] ICR 135, [2013] IRLR 929 Langstaff J (P) - Whether Diplomatic Privileges Act 1964 (incorporating the Vienna Convention on Diplomatic Relations 1961) is incompatible with article 6 ECHR and article 47 of the EU Charter of Fundamental Rights. Mohinderpal was instructed by Reynolds Porter Chamberlain to safeguard the diplomatic interests of the Kingdom of Saudi Arabia
  • High Profile Dismissal: Brodie Clark v Home Office [2012] - Mohinderpal represented the former Head of the UK Border Force in his widely publicised constructive dismissal claim against the Home Secretary Theresa May MP arising out of the ‘Border checks row’ that led to his resignation - one of the biggest political scandals of 2011 leading to a high value settlement. Acted without a leading silk against Jonathan Swift QC. Instructed by Slater & Gordon Lawyers
  • Business Protection and Social Media: Crisp v Apple Retail UK Ltd [2011] – misuse of online social media (posting comments about Apple products on ‘private’ Facebook page) outside the workplace did not breach employee's article 8 right to privacy or article 10 freedom of expression. Mohinderpal successfully protected the brand and business reputation of Apple in this high profile and commercially sensitive case. Instructed by Nabarro
  • International Team Move: BGC Capital Markets (Switzerland) LLC v Tullett Prebon plc and others [2011] EWHC 2009 (QB) Jack J - injunction and multi-week High Court trial relating to high value claim for breach of international restrictive covenants, confidential information, and Wrotham Park damages under Swiss law and inducement under English law. Successfully co-defended claims alongside Simon Devonshire QC. Instructed by Edwards Wildman
  • Business Protection and Group Litigation: Alty & 55 others v Bosal UK Ltd [2012] EWHC 2087 (QB) and [2012] EWCA (Court of Appeal) - high value breach of implied collective redundancy pay term. Appeared for the company at trial without a leading silk against Paul Gilroy QC. On appeal led by Bruce Carr QC. Instructed by Addleshaw Goddard and DWF
  • Anti-Strike Injunction: Balfour Beatty Engineering Services Ltd v Unite the Union [2012] EWHC 267 (QB), [2012] ICR 452, [2012] IRLR 452 Eady J – whether under s230(2) TULR(C)A 1992 union had provided every union member who was entitled to vote on whether to strike with a convenient opportunity to do so. Led by Bruce Carr QC. Instructed by Pinsent Masons
  • International Law, Human Rights and EU Law: X v foreign state [2012] EAT – Whether having regard to article 11 UN Convention on Jurisdictional Immunities of States and their Property 2004, UK law on state immunity is incompatible with article 6 ECHR and article 47 of the EU Charter of Fundamental Rights. Mohinderpal was instructed by Baker and McKenzie to protect the sovereign and security interests of the foreign government
  • High Profile Whistleblowing: Rosse v Network Rail Infrastructure Ltd [2011]. Front page of The Times 19 July 2011. Mohinderpal appeared for Network Rail in this high profile whistleblowing claim concerning safety at level crossings. Instructed by Bond Dickinson
  • Landmark Equality Case: Ministry of Defence v DeBique [2010] IRLR 471 Cox J - first and leading authority on 'dual indirect' discrimination. The case attracted significant national media coverage including the front page headline in the Daily Mail 13 April 2010: 'MOTHER OF ALL DEFEATS!' Mohinderpal appeared for the successful party without a leading silk against Keith Morton QC.  Instructed by Slater & Gordon Lawyers
  • RECOMMENDATIONS

    Mohinderpal is recognised by Legal 500 as a Leading Barrister in the fields of Employment, Civil Liberties and Human Rights.

    His approach to his clients and practice is reflected in the following quotations from independent legal directories. 

    • Mohinderpal Sethi is a talented junior who often appears as lead counsel in high-profile employment disputes, particularly those involving clients in the financial services sector. Mohinderpal Sethi is particularly recommended for his "creativity and thinking outside the box, particularly on discrimination claims", whilst also being commended for his ability to "dissect cases so well". Chambers UK 2014
    • Mohinderpal Sethi is applauded for his "sharp, responsive and pragmatic" approach by clients. Legal 500 2013
    • Mohinderpal Sethi is "clear-sighted on discrimination issues". "Highly bright", he "looks at old problems in new and creative ways", sources say. He is representing the former head of the UK Border Force in his High Court and employment tribunal claims against the Home Secretary. Chambers UK 2013
    • Mohinderpal Sethi has a growing City injunctions and bonus claims practice and played a prominent role in the high-profile Tullet Prebon case, concerning a major City team move. Sources admire his calm demeanour and his "keen eye for detail”. He is also seen as being "incredibly hard-working and responsive to the client." Chambers UK 2012
    • Mohinderpal Sethi's pre-trial preparation is unbeatable. His “friendly, hands-on approach” goes down a treat with clients. Chambers UK 2011
    • Sources applaud Mohinderpal Sethi's "clever and insightful handling of complex discrimination matters." Chambers UK 2010
    • Mohinderpal Sethi is praised for his "clear and incisive legal mind, effective and persuasive advocacy skills and excellent cross-examination". Recent notable cases include Communication Workers Union v Royal Mail Group, a multi-million pound class action in the Court of Appeal. Legal 500 2009
    • "Knowledgeable, experienced and pragmatic", Mohinderpal Sethi is particularly recommended for "complex discrimination cases". He appeared in a number of high-profile cases over the past year, including representing Detective Sergeant Virdi in his successful victimisation claim against the Police Commissioner, Sir Ian Blair. He also appeared without a leading silk against Paul Goulding QC, acting for leading inter-dealer brokers in their USD10 million bonus claims. Clients describe him as "incredibly quick and user-friendly". Chambers UK 2009
    • Mohinderpal Sethi is recommended for his "excellent submissions" and for keeping "a calm head during advocacy." His "sharp legal analysis and understanding of the politics of the case" is particularly appreciated, and clients note his "clear understanding of trade union matters" and "his skills before the EAT". He was successful in Aslef v Brady, otherwise known as "the battle of the barbecue case" which involved the employer's burden of proving the real reason for dismissal. Chambers UK 2008
    Close
  • Restrictive Covenants & Injunctions

    Add to Portfolio

    Mohinderpal has a strong practice in High Court injunctions and speedy trials to enforce directors' and fiduciaries' duties, restrictive covenants, trade secrets and confidentiality, database rights and garden leave (often involving team moves). Clients include international blue chip companies (particularly in the financial services sector) as well as senior executives and equity partners.

    Chambers UK 2012 described Mohinderpal as having ‘a growing City injunctions and bonus claims practice’ and having ‘played a prominent role in the high-profile Tullet Prebon case, concerning a major City team move.’

    Recent reported and notable cases include:

    • Spark Response Ltd v Wigham and others [2013] EWHC (QB) - account of profits claim arising from a 25 person team move and breaches of fiduciary duties and conspiracy. Acted without a leading silk against Paul Nicholls QC 
    • FESPA Ltd v Chesterman and others [2012] EWHC (QB) - alleged directors' team move and breaches of fiduciary duties in the global screen and digital printing industries
    • BGC Capital Markets (Switzerland) LLC v Tullett Prebon plc and others [2011] EWHC 2009 (QB) Jack J - injunction and multi-week trial relating to high value claim for breach of international restrictive covenants, confidential information, and Wrotham Park damages under Swiss law and inducement under English law. Successfully co-defended claims alongside Simon Devonshire QC
    • Tullett Prebon plc and others v BGC Brokers LP and others [2010] EWHC 484 (QB), [2010] IRLR 648 and [2011] EWCA Civ 131, [2011] IRLR 420 Court of Appeal - major City team move injunction and lengthy trial. Mohinderpal played a key role in advising the so-called 'Tullett 3' in resisting claims brought by BGC against them for alleged breaches of their forward BGC contracts
    • Kerry London Ltd v MS plc and Miles Smith Ltd [2010] EWHC (QB) - injunction and speedy trial arising out of claims by leading insurance broker against its rival for inducing breaches of restrictive covenants and confidentiality as part of a team move
    • William Morris Agency (UK) Ltd [2008] EWHC - acted for the largest talent and literary agency in the world covering all segments of the media and entertainment industries on the recruitment of talent agents from its international rivals. Instructed by SJ Berwin
    Close
  • Commercial Litigation

    Add to Portfolio

    Mohinderpal has significant experience of acting in a wide range of disputes arising from commercial contracts including partnership and LLP, vendor-purchaser, joint-venture and franchise agreements

    Recent reported and notable cases include:

    • Levoyannis & 27 others v Olympic Airlines SA (In Liquidation) [2013] EWHC - Whether Claimants can proceed with claims against insolvent airline without first obtaining permission from the High Court in accordance with s130(3) of the Insolvency Act 1986. Appeared on behalf of the principal Liquidators in Athens of the insolvent Greek national airline
    • Powa (Jersey) Ltd (a company incorporated in Jersey) and others v Romney Investing Ltd (a company incorporated in the British Virgin Islands) [2012] EWHC (Ch D) - £20 million claim for breach of contract, fiduciary duties, deceit, dishonest assistance, knowing receipt, money had and received.
    • Surecare Community Services Ltd v Lavender Support Services Ltd [2010] EWHC ChD – commercial injunction restraining passing off, infringement of copyright, misuse of confidential information, and inducement
    • GFI Holdings Ltd v various senior brokers at Tullett Prebon plc [2009] EWHC (QB) - acted for leading inter-dealer brokers in their $10 million bonus and share options claims. Led by Ingrid Simler QC. Instructed by Mayer Brown International
    Close
  • Pay, Incentives & Pensions

    Add to Portfolio

    Mohinderpal has significant experience of the legal issues arising out of high value senior executive rewards packages including bonus, share option, PHI, and pension schemes. His City clients include investment banks, private equity firms, hedge funds, inter-dealer brokers, insurance brokers, senior executives and equity partners. Other clients include high profile companies and individuals in the fields of media and sport.

    Chambers UK 2012 described Mohinderpal as having ‘a growing City injunctions and bonus claims practice’ and having ‘played a prominent role in the high-profile Tullet Prebon case, concerning a major City team move.’

    "Knowledgeable, experienced and pragmatic," Mohinderpal Sethi … appeared in a number of high-profile cases over the past year, including … appearing without a leading silk against Paul Goulding QC, acting for leading inter-dealer brokers in their USD10 million bonus claims. Clients describe him as "incredibly quick and user-friendly". - Chambers UK 2009

    Recent cases have included:

    • Alty & 55 others v Bosal UK Ltd [2012] EWHC 2087 (QB) and [2012] EWCA (Court of Appeal) - high value breach of implied collective redundancy pay term. Appeared for the company at trial without a leading silk against Paul Gilroy QC. On appeal led by Bruce Carr QC
    • GFI Holdings Ltd v various senior brokers at Tullett Prebon plc [2009] EWHC (QB) - acted for leading inter-dealer brokers in their $10 million bonus and share options claims. Led by Ingrid Simler QC. Instructed by Mayer Brown International
    • Blue Chip Trading Ltd v Helbawi [2009] IRLR 128 - severability of illegal contractual terms. Appeared for the successful appellant employer
    • William Morris Agency (UK) Ltd [2008] EWHC - advised the largest talent and literary agency in the world on commercial contract claims involving disputed commission payments for various A-list artists. Instructed by SJ Berwin
    • GFI Holdings Ltd v Camm [2008] IDS Emp L Brief 864/11 - high value bonus claim brought by Inter-Dealer Brokers. Appeared without a leading silk against Paul Goulding QC.
    • Taylor v Lowe [2000] IRLR 760 - application of Apportionment Act 1870 to calculations of pay. Appeared for successful appellant
    Close
  • Equality

    Add to Portfolio

    Mohinderpal has appeared in some of the leading discrimination cases in the employment, education, goods and services, and public law fields. He has extensive experience of long and complex equal pay, sex, race, disability, sexual orientation, religion or belief and age discrimination claims, as well as claims by part-time workers and fixed-term employees.

    Mohinderpal Sethi is "clear-sighted on discrimination issues". "Highly bright", he "looks at old problems in new and creative ways", sources say. - Chambers UK 2013

    Sources applaud Mohinderpal Sethi's "clever and insightful handling of complex discrimination matters." - Chambers UK 2010

    "Knowledgeable, experienced and pragmatic," Mohinderpal Sethi is particularly recommended for "complex discrimination cases". He appeared in a number of high-profile cases over the past year, including representing Detective Sergeant Virdi in his successful victimisation claim against the Police Commissioner, Sir Ian Blair. … Clients describe him as "incredibly quick and user-friendly". - Chambers UK 2009

    Recent cases include:

    • Ministry of Defence v DeBique [2010] IRLR 471 Cox J - first and leading authority on 'dual indirect' discrimination. The case attracted significant national media coverage including the front page headline in the Daily Mail 13 April 2010: 'MOTHER OF ALL DEFEATS!' Mohinderpal appeared for the successful party without a leading silk against Keith Morton QC
    • Baker v Commissioner of Police of the Metropolis [2010] IDS Emp L Brief 899/9 - disability discrimination and victimisation.
    • Virdi v Commissioner of Police of the Metropolis [2007] IRLR 24 (ET, EAT and Court of Appeal) - appeared in the high profile and long running series of cases brought by Detective Sergeant Virdi following the sending of racist hate mail in 1998 for which he received record compensation. The case led to two public inquiries including the Morris Inquiry and numerous further claims of victimisation. Appeared without a leading silk against Clive Sheldon QC.
    • Heath v Commissioner of Police of the Metropolis [2005] ICR 329 (Court of Appeal) - the leading authority on the judicial immunity of statutory disciplinary bodies. Led by Cherie Booth QC.
    • Department for Work and Pensions v Hall EAT/0012/05 - leading case on employer's 'constructive' knowledge of disability. Appeared for the successful respondent.
    • Essa v Laing Ltd [2004] ICR 746 (Court of Appeal) - leading authority on causation and foreseeability of loss. Appeared for the major construction company. Led by David Bean QC (now Mr Justice Bean). 
    Close
  • Industrial Relations

    Add to Portfolio

    Mohinderpal has considerable experience in collective employment rights representing large employers and trade unions before the High Court and tribunals, the Central Arbitration Committee and the Certification Officer. Much of his work in this area involves industrial action and anti-strike injunctions.

    Mohinderpal Sethi is recommended for his "excellent submissions" and for keeping "a calm head during advocacy." His "sharp legal analysis and understanding of the politics of the case" is particularly appreciated, and clients note his "clear understanding of trade union matters" and "his skills before the EAT". He was successful in Aslef v Brady, otherwise known as ‘the battle of the union barbecue case’ which involved the employer's burden of proving the real reason for dismissal. - Chambers UK 2008

    Recent reported and notable cases have included:

    • Bhardwaj v FDA and others [2014] ET, EAT & Court of Appeal - four week Hearing of discrimination and unjustifiable trade union discipline claims brought by CPS barrister against union. Mohinderpal appeared for the successful union without a leading silk at trial against Mark Sutton QC and on appeal against Mary O'Rourke QC
    • Balfour Beatty Engineering Services Ltd v Unite the Union [2012] EWHC 267 (QB), [2012] ICR 452, [2012] IRLR 452 Eady J – whether under s230(2) TULR(C)A 1992 union had provided, so far as is reasonably practicable, every union member who was entitled to vote on whether to strike with a convenient opportunity to do so. Led by Bruce Carr QC
    • Alty & 55 others v Bosal UK Ltd [2012] EWHC 2087 (QB) and [2012] EWCA (Court of Appeal) - high value breach of implied collective redundancy pay term. Appeared for the company at trial without a leading silk against Paul Gilroy QC. On appeal led by Bruce Carr QC
    • CentreWest London Buses Ltd and First Capital East Ltd v Unite the Union [2010] EWHC (QB) - high profile strike action brought by London bus drivers and conductors. Mohinderpal acted without a leading silk against Charles Béar QC
    • Airwave Solutions Ltd v Communication Workers Union [2009] EWHC (QB) - industrial action injunction. Mohinderpal acted without a leading silk against Andrew Stafford QC and Damian Brown QC
    • Associated Society of Locomotive Engineers and Firemen v Brady [2006] IRLR 576 - proving principal reason for dismissal. Appeared for the successful General Secretary without a leading silk against John Hendy QC in the notorious 'Battle of the Union Barbecue' litigation. The first ever case in which a senior elected official has claimed unfair dismissal and sought reinstatement
    • Deman v Association of University Teachers, Lord Triesman and others [2003] All ER D 271 - appeared in the ET, EAT and Court of Appeal without a leading silk against John Davies QC. Acted for successful trade union and the General Secretary Lord Triesman of Tottenham
    Close
  • Dismissals & Employment Rights

    Add to Portfolio

    Mohinderpal has appeared before employment tribunals in every region of England, Wales, Scotland and Northern Ireland. He has experience of every kind of claim for breach of statutory employment rights that can be brought in the employment tribunals. He has appeared in long and complex hearings of up to 12 weeks in length.   

    High profile dismissals

    Recent high profile dismissal cases include:

    • Brodie Clark v Home Office [2012] ET. Mohinderpal represented the former Head of the UK Border Force in his high profile constructive dismissal claim against the Home Secretary Theresa May MP arising out of the ‘Border checks row’ that led to his resignation - one of the biggest political scandals of 2011. Acted without a leading silk against Jonathan Swift QC
    • Crisp v Apple Retail UK Ltd [2011] ET – Dismissal of employee for misuse of online social media (posting comments about Apple products on ‘private’ Facebook page) outside the workplace did not breach article 8 right to privacy or article 10 freedom of expression. Mohinderpal successfully protected the business brand and reputation of Apple in this high profile and commercially sensitive case. Instructed by Nabarro

    Whistleblowing

    He has substantial experience of acting for and against international blue-chip companies and high profile public figures in multi-million pound whistleblowing claims often involving a considerable degree of market or political sensitivity. Cases which have received media attention include:

    • Bagshawe v Gatehouse Bank plc [2013] ET - multi-week multi-million pound boardroom whilstleblowing claim in the financial services sector. Appeared without a leading silk against Andrew Hochhauser QC 
    • Various claimants v major international bank [2013] ET - Defended against series of public interest disclosure claims brought by senior bankers arising out of breaches of US international economic sanctions against Iran. 
    • Rosse v Network Rail Infrastructure Ltd [2011] ET. Front page of The Times 19 July 2011. Mohinderpal appeared for Network Rail in this high profile whistleblowing claim concerning safety at level crossings. Instructed by Bond Dickinson
    • Sterlite Industries (India) Ltd v Bhatia [2003] All ER D 410 - right to a fair hearing - £806,000 awarded for whistleblowing and loss of large bonus. Appeared on appeal for company successfully overturning award

    TUPE

    Mohinderpal is no stranger to the legal conundrums thrown up by business transfers and service provision changes under the TUPE Regulations 2006 as demonstrated by his recent EAT and Court of Appeal appearances:

    • Pentland & 49 others v (1)SERCO Ltd (2) Sky Subscriber Services Ltd [2014] ET - alleged service provision change following termination of commercial outsourcing agreement. Acted without a leading silk against John Bowers QC
    • Whitehead v Lyons and others [2013] ET - Whether there was a TUPE transfer under Council Directive 2001/23/EC and Transfer of Undertakings (Protection of Employment) Regulations 2006. Appeared for successful respondents against Andrew Hochhauser QC 
    • Communication Workers Union v Royal Mail Group Ltd [2010] ICR 83, [2009] IRLR 1046, (2009) Times October 16 (Court of Appeal) - the first ever case to reach the Court of Appeal concerning the nature and scope of an employer's duty to inform and consult under TUPE 2006. Appeared in the EAT and Court of Appeal in multi-million pound test case brought by union arising out of the franchising of hundreds of Crown Post Offices throughout the UK to WH Smith. This issue has received widespread national television and press coverage. Led by David Reade QC
    • McLean v British Broadcasting Corporation and Capita Health Solutions Ltd [2008] IRLR 595 - whether statutory objection to transfer voidable by continued employment for short period post-transfer. Acted at first instance for the successful transferor BBC on the outsourcing of its human resources function
    Close
  • Partnership

    Add to Portfolio

    Mohinderpal has significant experience of acting in a wide range of disputes arising from partnership and LLP agreements. Much of his work in this area is highly confidential.

    • X LLP v Y and others [2014] EWHC (QB) - very high value team move claim involving equity and salaried members of LLP in the financial services sector
    • Giscombe v Griffins [2014] ET, EAT & Court of Appeal - complex multi-week discrimination trial against insolvency partners
    • X v Y LLP [2013] EWHC QB - rights of equity partners. Extremely high value and sensitive claim settled on confidential terms
    • X v Y LLP [2012] EWHC QB - represented large US law firm in series of high value claims brought by senior equity partners
    Close
  • Regulatory & Professional Discipline

    Add to Portfolio

    Mohinderpal is experienced in advising on and appearing before a wide range of regulatory and professional disciplinary bodies, particularly those concerned with financial services, media and sport. Recent cases have involved:

    • Advising on the FCA's authorisation and supervisory functions
    • Advising in relation to the disciplinary and enforcement powers of the FCA
    • Heath v Commissioner of Police of the Metropolis [2005] ICR 329 (Court of Appeal) - the leading authority on the absolute immunity from suit of quasi-judicial disciplinary bodies regulated by statute. Led by Cherie Booth QC
    Close
  • Sports Law

    Add to Portfolio

    Mohinderpal has experience of advising clubs, CEOs, managers and sportspersons in relation to contractual disputes arising from various commercial agreements including vendor-purchaser, employment, partnership, joint venture and franchise agreements.

    • X v Y Ltd (2012) EWHC Comm – breach of joint venture agreement involving a football club
    Close
  • Human Rights

    Add to Portfolio

    Mohinderpal has been involved in a number of reported public international law cases under United Nations conventions, EU treaties and directives, and the European Convention on Human Rights.

    Mohinderpal is recognised by Legal 500 as a Leading Barrister in the fields of Civil Liberties and Human Rights (including public inquiry law and actions against the police).

    Examples include:

    • Al-Malki v Reyes [2014] ICR 135, [2013] IRLR 929 EAT Langstaff J (P) - Whether Diplomatic Privileges Act 1964 (incorporating the Vienna Convention on Diplomatic Relations 1961) is incompatible with article 6 ECHR and article 47 of the EU Charter of Fundamental Rights. Mohinderpal was instructed by Reynolds Porter Chamberlain to safeguard the diplomatic interests of the Kingdom of Saudi Arabia
    • X v foreign state [2012] EAT – Whether having regard to article 11 UN Convention on Jurisdictional Immunities of States and their Property 2004, UK law on state immunity is incompatible with article 6 ECHR and article 47 of the EU Charter of Fundamental Rights. Mohinderpal was instructed by Baker and McKenzie to protect the sovereign and security interests of the foreign government
    • Crisp v Apple Retail UK Ltd [2011] – Dismissal of employee for misuse of online social media (Facebook) outside the workplace did not breach article 8 right to privacy or article 10 freedom of expression. Mohinderpal appeared for the successful employer. Instructed by Nabarro
    • Khan v Vignette Europe Ltd [2010] IDS Emp L Brief 895 EAT Cox J - Hearing in claimant's absence during Ramadan did not breach article 6. Acted for the successful company. Instructed by Field Fisher Waterhouse.
    • Heath v Commissioner of Police of the Metropolis [2005] ICR 329 (Court of Appeal) - articles 6, 8 and 14. Led by Cherie Booth QC
    • London Borough of Barking and Dagenham v Oguoko [2000] IRLR 179 EAT - right to a fair hearing - natural justice in tribunal procedure. Represented the successful respondent
    Close
  • Conflicts of Laws

    Add to Portfolio

    Mohinderpal advises a global blue-chip client base. As a result, he has considerable experience of advising on a wide range of conflict of laws issues including the rules governing choice of law, the jurisdiction of English courts, and the recognition of foreign judgments. His cases are cited in Chitty on Contracts (Conflict of Laws).

    • Al-Malki v Reyes [2014] ICR 135, [2013] IRLR 929 Langstaff J (P) - Whether Diplomatic Privileges Act 1964 (incorporating the Vienna Convention on Diplomatic Relations 1961) is incompatible with article 6 ECHR and article 47 of the EU Charter of Fundamental Rights. Mohinderpal was instructed by Reynolds Porter Chamberlain to safeguard the diplomatic interests of the Kingdpm of Saudi Arabia
    • (1) Staples UK Retail Ltd (2) Staples Nederland Holdings BV v Steen [2014] EWHC (QB). Application under CPR 11 to contest jurisdiction under Brussels I. Also raised choice of law issues under Rome I. Acted without a leading silk against Gavin Mansfield QC
    • X v foreign state [2012] EAT – Whether having regard to article 11 UN Convention on Jurisdictional Immunities of States and their Property 2004, UK law on state immunity is incompatible with article 6 ECHR and article 47 of the EU Charter of Fundamental Rights. Mohinderpal appeared for the foreign state. Instructed by Baker and McKenzie
    • BGC Capital Markets (Switzerland) LLC v Tullett Prebon plc and others [2011] EWHC 2009 (QB) Jack J, cited in Chitty on Contracts (Conflict of Laws) at 30-002 regarding contracts straddling periods governed by the Rome Convention and the Rome 1 Regulation. Injunction and multi-week High Court trial relating to high value claim for breach of international restrictive covenants, confidential information, and Wrotham Park damages under Swiss law and inducement under English law. Co-defended claims alongside Simon Devonshire QC
    • Advising on the validity and enforceability of international restrictive covenants
    Close
  • Arbitration & Mediation

    Add to Portfolio

    Many of the disputes that Mohinderpal is instructed to advise on and appear in are resolved by way of Arbitration or Mediation.

    Recent examples include:

    • X v Y LLP (2011) EWHC QB - represented large US law firm in series of high value claims brought by senior equity partners
    Close

Appointments

Head of Devereux Employment Group

Elected Committee Member of the Employment Law Bar Association (ELBA)

The Elected Representative of the Bar 2008-09, 2009-10 and Member of the Management Committee of the Employment Lawyers Association (ELA)

Member of Editorial Board of the Employment Lawyers' Association journal (ELA Briefing)

Equality and Human Rights Commission’s Panel of Preferred Counsel (previously a member of the EOC, CRE and DRC specialist panels)

Memberships & Associations

ELA, ELBA, ILS, COMBAR, LCL&CBA, PNBA, 
ARDL, ELAAS, Bar Pro Bono Unit

Awards & Scholarships

Wadham College, University of Oxford:

First Class College Scholar for three consecutive years (the premier undergraduate scholarship)

Warden's Exhibitioner

Inns of Court School of Law:

Windsor Law Fellow

Middle Temple:

The Queen Mother's Scholar (the premier Inn scholarship)

The Malcolm Wright Prizewinner

Harmsworth Major Entrance Exhibitioner

Academic

MA (Oxon) Jurisprudence

Education

Langdon Comprehensive School, East Ham, London Borough of Newham

Wadham College, University of Oxford

Languages

Punjabi, Hindi, French

Personal interests

Temperamental tennis serve, embarrassing golf handicap, unfocussed photography ... young family