Vikram Sachdeva QCYear called 1998
“He is very good, very personable and very
Chambers UK 2014
Administrative & Public Commercial
Clinical Negligence Regulatory & Disciplinary
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.
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.
Vikram undertakes commercial litigation covering sale of goods, construction disputes, agency, financial services, insurance, subsidence and property damage and professional 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.
Administrative & Public Law
Tracey, R (on the application of) v Cambridge University Hospitals NHS Foundation Trust & Ors
 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  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)  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)  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  EWHC 3860 (Admin)
Challenge to DoH policy on DNAR decisions
R (Kadri) v Birmingham City Council and Secretary of State for the Home Department  EWCA Civ 1432  1 All ER 945
Whether local authorities bound by age assessment decision of SSHD
NHS Trust v Baby X 14 March 2013  EWCA Civ 2188 (Fam)  1 FLR 225 Whether in best interests of baby to be removed from ventilator
MD (Afghanistan) v Secretary of State for the Home Department  EWCA Civ 194  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  EWHC 2443 (Fam)  1 WLR 1653  1 All ER 1313
Landmark case following Airedale NHS Trust v Bland  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
W v M (by her litigation friend, the Official Solicitor) and a NHS Hospital Trust  EWHC 1197 (Fam)  1 WLR 287  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  EWHC 101 (Fam)  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  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  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  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  EWHC 1921 (Admin);  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  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  EWHC 2252 (Admin) (2009) 106 BMLR 1 whether Trust was entitled to refuse funding for potentially life-extending drug
Re MM  EWHC 2003 (Fam)  1 FLR 443
the legal test for lack of capacity to consent to sexual relations
R (Page) v Secretary of State for Justice  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
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
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)  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  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
Regulatory & Disciplinary
R (Andersons) v Solicitors Regulation Authority  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  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  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  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  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  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  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
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  EWCA Civ 664  ACD 71  3 CMLR 1544
Defending challenge to the UK pesticides regime as being in breach of Directive 91/414
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  EWHC 2435 (Admin)  STC 381 Whether tax inspector and/or chairman of General Commissioners had exhibited apparent bias
R (Lower Mill Estate Ltd) v HMRC  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  EWHC 1708 (Admin)  STC 2532
Claim that General Commissioners exhibited apparent bias during a hearing
Lancaster v HMRC  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  UKFTT 221 (TC)
Challenge to decision to refuse to pay VAT refund, pursuant to Directive 86/150
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  EWHC 2409 (Admin)  BTC 5743
Whether a claim for judicial review should be adjourned pending the resolution of an appeal to the VAT tribunal
James v HMRC  UKVAT V20426  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  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)  EWCA Civ 469
A non party costs order against solicitors who had failed to get ATE insurance for their client
Commercial, Construction and EngineeringRe 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
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.
“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
“A medical doctor himself, he proves particularly good at cases with a medical angle” Chambers UK
“an articulate advocate with great knowledge of the legal minutiae of costs litigation.” Chambers UK
“ 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
“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
Member of the Executive Committee of the Administrative Law Bar Association
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
B.C.L. (Law): 1993
M.A. (Hons) (Joint Law and Medicine): 1996 B.M., B.Ch. (Medicine): 1996
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.
Vikram taught Administrative and Public law and Tort law at Cambridge University for several years, and also Criminal Law at Oxford University.
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