He is very good, very personable and very knowledgeable.

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Vikram Sachdeva QC

Year called 1998

Silk 2015

vikram.sachdeva@39essex.com

“He is very good, very personable and very

knowledgeable.”

Chambers UK 2014

Practice Areas

Administrative & Public Commercial

Clinical Negligence Regulatory & Disciplinary

Practice Areas

Administrative & Public

Vikram has a busy and wide-ranging public law practice. He advises and acts for both Claimants and Defendants, including individuals, local and central government, companies and regulators. His experience extends in particular in relation to commercial cases, financial services, healthcare and environmental law.

He was Junior Counsel to the Crown (A Panel) before he took Silk.

For several years Vikram taught public law at various colleges at Cambridge University.

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Vikram has a particular interest in European law, which often arises in his practice.

Tax and VAT

Vikram has an interesting advisory and litigation practice covering a broad range of direct and indirect tax.

Commercial

Commercial/Construction law

Vikram undertakes commercial litigation covering sale of goods, construction disputes, agency, financial services, insurance, subsidence and property damage and professional negligence.

Clinical Negligence

Vikram is regularly instructed in clinical negligence cases in which he acts for both claimants and defendants. He is a qualified medical doctor, and has a natural appreciation of the issues involved.

Regulatory & Disciplinary

“He is a high-energy advocate, who is keen to do well for his clients.” Chambers & Partners 2014

Vikram has appeared in a very wide range of tribunals, for Applicants and Respondents, and also as legal assessor – for instance the General Dental Council, General Medical Council, Immigration Services

Tribunal, Care Standards Tribunal, and General Social Care Council. He also has acted in a number of appeals to the High Court from disciplinary bodies.

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Administrative & Public Law

Tracey, R (on the application of) v Cambridge University Hospitals NHS Foundation Trust & Ors

[2014] EWCA Civ 822

Whether the Resuscitation Council guidance on Do Not Attempt Resuscitation decisions complies with Article 8 of the European Convention, or whether there is an obligation to consult the patient before deciding not to offer resuscitation.

NHS v VT & Anor [2013] EWHC B26 (Fam)

Successfully representing an NHS Trust who sought a declaration permitting them not to resuscitate the patient, which the family disputed.

Aintree University Hospitals NHS Foundation Trust (Respondent) v James (Appellant) [2013] UKSC 67

Definition of “futile” within MHA Code Of Practice.

Aintree University Hospitals NHS Foundation Trust v David James (by his litigation friend, the Official Solicitor) [2013] EWCA Civ 65

Definition of “futile” within MHA Code Of Practice.

R (Tracey) v Cambridge University Hospital NHS Foundation Trust and Secretary of State for Health [2012] EWHC 3860 (Admin)

Challenge to DoH policy on DNAR decisions

R (Kadri) v Birmingham City Council and Secretary of State for the Home Department [2012] EWCA Civ 1432 [2013] 1 All ER 945

Whether local authorities bound by age assessment decision of SSHD

NHS Trust v Baby X 14 March 2013 [2012] EWCA Civ 2188 (Fam) [2013] 1 FLR 225 Whether in best interests of baby to be removed from ventilator

MD (Afghanistan) v Secretary of State for the Home Department [2012] EWCA Civ 194 [2012] 1 WLR 2422

Whether appropriate to appeal to CA when an application for permission to claim judicial review had been refused on the papers.

W v M (by her litigation friend, the Official Solicitor) and a NHS Hospital Trust [2011] EWHC 2443 (Fam) [2012] 1 WLR 1653 [2012] 1 All ER 1313

Landmark case following Airedale NHS Trust v Bland [1993] AC 789 establishing whether the Court of Protection has jurisdiction to make a declaration permitting withdrawal of artificial nutrition and hydration where the patient has a higher level of consciousness than a vegetative state

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W v M (by her litigation friend, the Official Solicitor) and a NHS Hospital Trust [2011] EWHC 1197 (Fam) [2012] 1 WLR 287 [2012] 1 All ER 1295

The leading case on Reporting Restriction Orders in the Court of Protection

R (Arogundade) v Secretary of State for Business, Innovation and Skills (Administrative Court)

Acting for Secretary of State: whether the requirement for “ordinary residence” in the Education (Student Support) (No. 2) Regulations 2008 implicitly requires lawful residence

D Borough Council v AB [2011] EWHC 101 (Fam) [2012] Fam 36 The legal test for lack of capacity to consent to sexual relations

R (Moore) v Skipton Fund Ltd and Secretary of State For Health [2010] EWHC 3070 (Admin) (2011) 117 BMLR 185

whether Hepatitis C compensation scheme lawful

RH v South London & Maudsley NHS Foundation Trust and Secretary of State for Justice [2010] EWCA Civ 1273 (2011) 117 BMLR 47

whether the requirement under MHA 1983 s75(3) that an application should satisfy a tribunal that a restriction order should cease breached the applicant’s rights under Article 8 ECHR

R (V) v South London & Maudsley NHS Foundation Trust and Croydon LBC 7 April 2010 LBC [2010] EWHC 742 (Admin) (2010) 13 CCL Rep 181

Whether the relevant circumstances under MHA 1983 s11(4) were only those as they appeared to the AHMP at the time of the application for admission for treatment

R (AN) v Secretary of State for Justice [2009] EWHC 1921 (Admin); [2010] ACD 13

challenge to the placement of an Al-Qaeda prisoner in a single cell based on an alleged breach of articles 3 and 8 in HMP Belmarsh

Secretary of State for the Environment, Food and Rural Affairs v Downs CMLR 46 [2010] Env LR 7 defending challenge to the UK pesticides regime as being in breach of Directive 91/414

R (Ross) v West Sussex Primary Care Trust [2008] EWHC 2252 (Admin) (2009) 106 BMLR 1 whether Trust was entitled to refuse funding for potentially life-extending drug

Re MM [2007] EWHC 2003 (Fam) [2009] 1 FLR 443

the legal test for lack of capacity to consent to sexual relations

R (Page) v Secretary of State for Justice [2007] EWHC 2026 (Admin); (2007) ACD 100

Acted for Secretary of State in challenge to refuse to exercise Royal Prerogative of Mercy for the early release of a prisoner who has been misled as to his correct release date

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2005

Acted for Parole Board in challenge to decision that a charge and pending prosecution alone could justify a conclusion that there was an unacceptable risk of reoffending

Commercial

Parker v Shoreham Port Authority (2013, TCC)

Contractual debt claim for expenses of referring dispute to expert determination

Armstrong v Pope & Co (2011) (ongoing)

Professional negligence claim against a solicitor and barrister

Care Aspirations v Sutton & Merton Primary Care Trust (2010)

High Court debt claim against Trust arising out of care home facilities

Hugh James (A firm) v Smith (Chancery Division) (2009):

Restitution claim for mistaken payment

Re Anglian Windows (2009)

Dispute whether guarantees were “contracts of insurance” within s20 of Schedule 2 to the Financial Services and Markets Act 2000

Roadrunner Properties Ltd v Dean & Anor (CA) EWCA Civ 1816 (2004) 11 EG 140

Appeal against judge’s interpretation of expert engineering evidence in context of Party Wall Act 1996

Discain v Opecprime (TCC) [2000] BLR 402

First case which held that apparent bias was sufficient to bar enforcement of an adjudicator’s decision under the Housing Grants, Construction and Regeneration Act 1996.

Human Rights & Civil Liberties

AH v West London Mental Health Trust [2010] UKUT 264 (AAC)

Acted for Trust in the leading case on regarding whether mental health review tribunals should generally be held in public in order to comply with Article 6, before Carnwath LJ, Senior President of Tribunals

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Regulatory & Disciplinary

R (Andersons) v Solicitors Regulation Authority [2012] EWHC 3659 (Admin)

Challenge to SRA policy of publishing allegations against Respondents far in advance of the hearing

Bass and Ward v SRA 17 May 2012 [2012] EWHC 2012 (Admin)

Whether Appellants in breach of duty to supervise a fellow partner within the firm

Bass v The Law Society (2011)

Acting for solicitors in appeal against sanctions imposed after strict liability breach of Solicitors Accounts Rules

Legal Clerk to the independent Appeals Body to Phoneypayplus, the premium rate regulator Beller v The Law Society [2009] EWHC 2200 (Admin)

Whether SDT justified in striking a solicitor off the roll who had breached an undertaking given to a client

R (Marshall) v Nursing & Midwifery Council [2008] EWHC 2931

Whether the responsibility of a “nurse in charge” required the nurse to read the notes of the lower-grade nurses in respect of all patients within their care to check that there had been no omissions or failures on the part of the lower-grade nurses

DAS v Secretary of State for Education and Skills [2006] 796.PT

Acted for Secretary of State in List 99 appeal (whether s142 Education Act on grounds that Appellant unsuitable to work with children) in Care Standards Tribunal

European Union Law

Lower Mill Estate Ltd [2011] STC 636

Whether splitting the construction of holiday homes from sale of the land involved an abuse of rights under the Halifax doctrine

Ortega-Jerez v Entry Clearance Officer [2010] EWCA Civ 639:

Validity of marriage in Ecuadorean embassy in London in English law and in EU law, and proper the choice of law

MY (Turkey) v SSHD (2010) (CA)

Whether Appellant guilty of “abuse of rights” in European law preventing him from relying on the Additional Protocol of the Ankara Agreement

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R (Vetheeswaran) v SSHD (Administrative Court, 2010)

Whether the obligations created between states created by the Dublin II Regulations were subject to judicial review principles at the instance of the person being removed

Downs v Secretary Of State For Environment, Food and Rural Affairs [2009] EWCA Civ 664 [2009] ACD 71 [2009] 3 CMLR 1544

Defending challenge to the UK pesticides regime as being in breach of Directive 91/414

Financial Services

Standing Legal Clerk (for the last 10 years) to the independent Appeals Body to Phonepayplus, the Premium Rate telephone regulator

R (Golding) v General Commissioner of Income Tax [2011] EWHC 2435 (Admin) [2012] STC 381 Whether tax inspector and/or chairman of General Commissioners had exhibited apparent bias

R (Lower Mill Estate Ltd) v HMRC [2011] STC 636

Whether splitting the construction of holiday homes from sale of the land involved an abuse of rights under the Halifax doctrine.

Re The Regulation of Private Eye Clinics (2010)

Acted for potential investors on instruction of leading City firm on the regulation of private eye clinics after the merger of the Healthcare Commission into the Care Quality Commission; covered CQC notification requirements; and whether any statutory and regulatory provisions are capable of piercing the corporate veil

R (Bottomley) v General Commissioners of Income Tax, Pontefract Division [2009] EWHC 1708 (Admin) [2009] STC 2532

Claim that General Commissioners exhibited apparent bias during a hearing

Lancaster v HMRC [2010] UKFTT 559 (TC)

Dispute with taxi firm over turnover and proper VAT treatment of commission

Christies Care Limited v HMRC (2009)

Dispute regarding direct tax treatment of employment agency.

SRI International v HMRC [2009] UKFTT 221 (TC)

Challenge to decision to refuse to pay VAT refund, pursuant to Directive 86/150

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Expenses on refurbishment services that had been rendered to a business more than six months before it became registered for VAT was not capable of constituting input tax in its VAT return

R (Lower Mill) v HMRC [2008] EWHC 2409 (Admin) [2008] BTC 5743

Whether a claim for judicial review should be adjourned pending the resolution of an appeal to the VAT tribunal

James v HMRC [2007] UKVAT V20426 [2008] STI 287

Acted for HMRC in case in which remedial works were alleged to constitute reconstruction of an existing building

Costs & Litigation Funding

Kebede & Anor v Secretary of State for Business Innovation and Skills [2013] EWHC 2396 (Admin) Successfully opposed an appeal by the Defendant in a personal injury action, in which a non party costs order was sought against the solicitors on the basis that they had funded the litigation.

Manuel Clemente Heron (Claimant/Interested party) v (1) TNT (UK) LTD (Appellant/Defendant) (2) Mackrell Turner Garrett (a firm) (Respondent) [2013] EWCA Civ 469

A non party costs order against solicitors who had failed to get ATE insurance for their client

Commercial, Construction and Engineering

Re Anglian Windows (2009)

Acted for Claimant in dispute whether guarantees were “contracts of insurance” within s20 of Schedule 2 to the Financial Services and Markets Act 2000

Recommendations

Recommended as a leading junior by the Legal 500 2013 in Administrative and Public Law, Professional Discipline and Regulatory Law, Costs, and in Court of Protection and Costs by Chambers & Partners 2014.

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“A stellar performer.” Legal 500 2015

“An impressive advocate.” Legal 500 2015

“He is a high-energy advocate, who is keen to do well for his clients.” Chambers & Partners 2015

“Very personable, astute and exceptionally skilled in medical cases.” Chambers & Partners 2015

“Gives one great confidence as he understands the intricacies of the medical input into these cases, is

very passionate and enthusiastic, and has a prodigious work rate.” Chambers & Partners 2015

“He’s very sharp and picks things up really quickly.” Chambers & Partners 2015

“He’s quite thorough and very determined.” Chambers & Partners 2015

“Particularly noted for his work in the medical profession.” Legal 500 2014

“A top barrister with a wide-ranging costs practice. ” Legal 500 2014

“Strongly recommended.” Legal 500 2014

“His medical background means that he understands the complex networks that exist across the NHS.

He is a solid advocate too.” Chambers UK 2014

“He’s always able to deliver on time, gives good advice and gets results.” Chambers UK 2014

“He is very good, very personable and very knowledgeable.” Chambers UK 2014

“A great advocate who can think fast on his feet” Legal 500 2013

“Extremely clever” Legal 500 2013

“ brings a wealth of medical and legal expertise to cases ” Chambers UK 2013

“ is known for dealing with very sensitive matters in a calm and professional manner ” Chambers UK

2013

“A medical doctor himself, he proves particularly good at cases with a medical angle” Chambers UK

2013

“an articulate advocate with great knowledge of the legal minutiae of costs litigation.” Chambers UK

2013

“ very likeable and knowledgeable in regulatory law’ ” Legal 500 2012

“a ‘redoubtable’ advocate remarked on for his impressive courtroom style” Chambers UK 2012

“He is on the speed dial of the Office of the Official Solicitor and, as a qualified physician, has a feel

for this area of the law few can match” Chambers UK 2012

“Able, thorough and charming” Chambers UK 2012

“…one of the country’s leading criminal costs juniors” Chambers UK 2012

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“a tenacious advocate” Legal 500 2011

“a skilled and determined advocate” Chambers UK 2011

“a future costs litigation supremo” Chambers UK 2011

A “seriously good barrister” Legal 500 2010

A “ rising star ” Chambers UK 2010

“ A fighter who is at his best in the toughest battles” Chambers UK 2010

“ hard-working and easy to work with ” Legal 500 2009

“ strong analytical ability and excellent interpersonal skills ” Legal 500 2009

“ extremely sharp ” Legal 500 2008

“ thoroughly reliable ” Legal 500 2008

Appointments

Member of the Executive Committee of the Administrative Law Bar Association

Memberships

Bar European Group

Administrative Law Bar Association Financial Services Lawyers Association Technology & Construction Bar Association Association of Regulatory & Disciplinary Lawyers London Common Law & Commercial Bar Association

Qualifications

B.C.L. (Law): 1993

M.A. (Hons) (Joint Law and Medicine): 1996 B.M., B.Ch. (Medicine): 1996

Additional Information

Publications

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Articles

The MCA in the Supreme Court

The Duty of Candour and Disclosure in Judicial Review (October 2007, Vikram Sachdeva) Regulation of Healthcare Professionals (September 2007, Vikram Sachdeva)

Resource Allocation in the National Health Service: Access to drugs pending NICE Assessment (November 2006, Vikram Sachdeva)

Seminar Paper – Witness Immunity from Professional Disciplinary Proceedings (April 2006, Vikram Sachdeva)

Challenging Unduly Lenient Penalties in Professional Disciplinary Tribunals (April 2005, Vikram Sachdeva)

The Role of Judicial Review in Curing Breaches of Article 6 (Judicial Review June 2003, Richard Clayton QC and Vikram Sachdeva)

Functional Public Authorities under the Human Rights Act (Judicial Review March 2002, Vikram Sachdeva)

Employment Law Newsletter (November 2005)

Other Professional Qualifications

Vikram qualified as a doctor in 1996 and became registered with the General Medical Council. Before qualifying for the Bar he spent a year practicising as a house doctor in the John Radcliffe Hospital, Oxford, and the Royal United Hospital in Bath. His medical background has proved invaluable in cases involving scientific and technical matters.

Additional Information

Vikram taught Administrative and Public law and Tort law at Cambridge University for several years, and also Criminal Law at Oxford University.

Languages

Vikram speaks and writes French, as well as spoken Hindi.

LONDON MANCHESTER SINGAPORE KUALA LUMPUR

39 Essex Street, London WC2R 3AT Tel: +44 (0)20 7832 1111 DX: London/Chancery Lane 298 Fax: +44 (0)20 7353 3978 82 King Street, Manchester M2 4WQ Tel: +44 (0)16 1870 0333 Fax: +44 (0)20 7353 3978 Maxwell Chambers, 32 Maxwell Road, #02-16, Singapore 069115 Tel: +(65) 6634 1336 #02-9, Bangunan Sulaiman, Jalan Sultan Hishamuddin, 50000 Kuala Lumpur, Malaysia

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