Rajiv Bhatt

Areas of expertise

• Commercial dispute resolution
  • Banking & finance

    Banking & finance

    Rajiv has experience in financial services litigation having worked in the commercial disputes and financial regulation departments at Reed Smith. In particular, Rajiv has experience of advising and working on disputes concerning complex financial products such as derivatives (including any issues concerning UK Financial Regulation).

    Rajiv is currently involved in a complex commercial dispute in the Grand Duchy of Luxembourg which concerns an aviation asset backed financial product. Rajiv worked closely with Michael Blair KC of 3 Verulam Buildings, who is a leading financial regulatory silk,  in respect of an opinion concerning various UK financial regulatory issues relevant to the dispute. Rajiv also has had a wider involvement in drafting submissions and assisting with strategy.  Rajiv’s client was successful a first instance and the Claimants have appealed. Rajiv is instructed to assist in resisting the appeal.

  • Civil fraud & asset tracing

    Civil fraud & asset tracing

    Rajiv has a good knowledge of civil fraud and tracing issues having studied Commercial Equity and Restitution during his LLM in Cambridge.

    Recent work:

    • Floreat Investment Management Limited v Churchill and others [2022] EWHC 357 (Comm) – part of the counsel team acting for the successful Claimant in respect of an alleged multimillion-pound investment fraud (led by Nigel Jones KC).
    • Acting for a claimant as sole counsel in respect of an investment fraud.
    • Acting for a claimant in a complex investment fraud against a money transfer company. The case concerned allegations of breach of the Quincecare  Successfully obtained a Norwich Pharmacal Order which provided an important insight into the full scale of the fraud committed.
  • Commercial arbitration

    Commercial arbitration

    Rajiv has worked on arbitrations with the Grain and Free Trade Association (“GAFTA”) and Swiss Chamber of Commerce.

    Recent work:

    • Advising a South Asian pharmaceutical company in respect of potential arbitration under the supervisory jurisdiction of the Abu Dhabi Global Market (“ADGM”). This is a multimillion dollar claim concerning the sale and distribution of a Covid-19 vaccine.
    • Advising a hotel owner in respect of a complex multimillion dollar dispute concerning the alleged management of a hotel in West Africa. The dispute is subject to an LCIA arbitration clause.
  • Commercial litigation

    Commercial litigation

    Rajiv regularly acts in complex commercial disputes. He has acted in a variety of matters ranging from breach of contract, unjust enrichment, breach of fiduciary duty to the tort of conspiracy. He also has significant experience of obtaining injunctive relief in the High Court.

    Rajiv has experience of international commercial litigation and welcomes instructions on cases dealing with cross border disputes.

    His niche expertise in sports law can be found on the “Sports Law” tab of his profile.

    Rajiv’s commercial practice is supported by an LLM in Commercial Law from the University of Cambridge; this has provided him with an in-depth knowledge of the legal principles in this area. In addition, whilst at Reed Smith, he was involved in a wide range of commercial disputes such as the construction of charter party contracts, sale of goods, conflict of laws and banking and financial services litigation.

    Recent Work:

    • Floreat Investment Management Limited v Churchill and others [2022] EWHC 357 (Comm) – part of the counsel team acting for the successful Claimant in respect of an alleged multimillion-pound investment fraud (led by Nigel Jones KC).
    • Currently representing directors in a complicated claim concerning allegations of breach of directors’ duties. The factual and legal issues are complex. The case is multi jurisdictional and involves individuals/entities located in Argentina, Switzerland and Lichtenstein.
    • Ffinal 09 AG v Floreat Merchant Banking Limited [2020] EWHC 2657 (Comm) – acted as sole counsel for the Defendant in a claim for breach of contract and in the alternative unjust enrichment.  Involved in devising the strategy which ultimately led to the Defendant successfully resisting an application for summary judgment.
    • A v B – Rajiv acted for a private Mayfair bank in a breach of confidence claim in the High Court (QBD). Rajiv acted as sole counsel against a KC and junior.  Rajiv was heavily involved in the case from the start in which he helped devise the case strategy.
    • Frank Warren v Nathan Cleverly– acting for Frank Warren, a well-known boxing promoter, in a claim for breach of a promotional agreement against the former professional boxer, Nathan Cleverly.
    • Nordin and others v Minwalla (DIFC) – Rajiv is acting as sole counsel for the Defendant in a claim for breach of contract arising out of a share purchase agreement. The case is being heard in the DIFC.
    • IR Relations Limited v Floreat Fixed Income SA – Rajiv is part of the Defendant’s legal team in a claim for wrongful termination in the Grand Duchy of Luxembourg. Rajiv is instructed by Lewis Silkin LLP in London and Allen & Overy in Luxembourg. He is being led by Nigel Jones KC. The case concerns a complicated investment scheme and issues of UK financial regulatory law. Rajiv’s client was successful at firs instance.  The Claimant has appealed and Rajiv is instructed to assist with the appeal.
    • A v B – Rajiv is currently acting for a South Asian pharmaceutical company in a multimillion dollar claim for breach of contract. The case is subject to an arbitration clause with the ADGM having supervisory jurisdiction.
    • A v B – Rajiv is currently acting for an owner of a hotel in a West African country against an international hotel chain. This is a multimillion dollar dispute and concerns the interplay of various agreements and allegations of mismanagement and design faults.  The dispute is subject to an LCIA arbitration clause.
    • Land Buyers of Britain Limited v (1) Yu Heung (2) Wonder4City Limited(High Court, William Davis J) – obtained an urgent High Court injunction requiring the Respondents to remove a priority search in respect of the Applicant’s property. Following the Respondent’s failure to comply with the injunction, Rajiv returned to the High Court and obtained a mandatory injunction against the Land Registry requiring it to remove the priority search. He also obtained a cost order against the Respondent.
    • Ellis v Meltzer(Upper Tribunal (Tax and Chancery Chamber) – acted for the appellant in a case concerning the law of unjust enrichment. Rajiv drafted the Grounds of Appeal, and permission to appeal was granted on all grounds raised.
    • Thompson Investments Limited v Mills –acting for the Claimant in a claim concerning the back to back sale of land. The case concerns allegations of breach of contract and malicious falsehood.
    • Maxwell Land Limited v Daif-Allah– acting for the Claimant in a claim for breach of contract in respect of the sale of land.
    • Acting for a potential claimant in a multi-million-pound breach of contract claim in respect of the purchase of a company.
    • Advised a claimant in a multi-million-pound dispute concerning claims for breach of fiduciary duty, breach of contract, conspiracy and malicious falsehood in respect of the sale of land.
    • Acting for a Defendant in respect of a claim for breach of contract and money had and received in respect of the sale of land at auction.
  • Directors & Shareholders

    Directors & Shareholders

    Rajiv has particular expertise of directors and shareholders disputes. This complements Rajiv’s employment practice.

    Rajiv has extensive experience of drafting unfair prejudice petitions and points of defence.

    Recent work:

    • Nordin and others v Minwalla (DIFC) –acting as sole counsel for the Defendant in a claim for breach of contract arising out of a share purchase agreement. The case is being heard in the DIFC.
    • Currently representing directors in a complicated claim concerning allegations of breach of directors’ duties. The factual and legal issues are complex. The case is multi jurisdictional and involves individuals/entities located in Argentina, Switzerland and Lichtenstein.
    • Re M&L Sheet Metal Limited – acting for a petitioner in respect of a claim for unfair prejudice.
    • A v B – acting as junior counsel for the Defendants in a shareholders dispute (led by Paul Strelitz).
    • A v B – Rajiv acted for a private Mayfair bank in a breach of confidence claim in the High Court (QBD). Rajiv acted as sole counsel against a KC and junior.  Rajiv was heavily involved in the case from the start in which he helped devise the case strategy.
    • Nazir v Asgheddi and others –advised the Respondents to an unfair prejudice petition and drafted the points of Defence.
    • A v B and others – acting for two directors who are facing allegations of breach of directors’ duties. Rajiv has advised on issues such as a director’s duty to account.
    • A v B – Advised in respect of an unfair prejudice petition and potential derivative action.
  • Companies, joint ventures & partnerships

    Companies, joint ventures & partnerships

    Rajiv’s commercial work has given him experience in dealing with all forms of a corporate vehicle.

    Most recently he advised in respect of breach of fiduciary duties of a company director in obtaining unlawful profits.

    He has also advised a claimant in respect of claims for unpaid wages and breach of contract against a company that was in Special Administration.

    The case arose out of a high profile criminal and civil fraud investigation in the UK and Denmark.

  • Private international law

    Private international law

    Rajiv has experience in cross-border disputes concerning issues such as choice of law and jurisdiction. He has an in-depth knowledge of these issues having studied International Commercial Litigation during his LLM at the University of Cambridge.

    Whilst at Reed Smith Rajiv worked on multi-jurisdictional disputes (both litigation and arbitration). He has experience in arbitrations with the Grain and Free Trade Association (“GAFTA”) and the Swiss Chamber of Commerce.

    Current work includes:

    • A v B – currently acting for an owner of a hotel in a West African country against an international hotel chain. This is a multimillion dollar dispute and concerns the interplay of various agreements and allegations of mismanagement and design faults.  The dispute is subject to an LCIA arbitration clause.
    • Nordin and others v Minwalla (DIFC) – acting as sole counsel for the Defendant in a claim for breach of contract arising out of a share purchase agreement. The case is being heard in the DIFC.
    • IR Relations Limited v Floreat Fixed Income SA – Rajiv is part of the Defendant’s legal team in a claim for wrongful termination in the Grand Duchy of Luxembourg. Rajiv is instructed by Lewis Silkin LLP in London and Allen & Overy in Luxembourg. He is being led by Nigel Jones IC. The case concerns a complicated investment scheme and issues of UK financial regulatory law. Rajiv’s client was successful at firs instance.  The Claimant has appealed and Rajiv is instructed to assist with the appeal.
    • A v B – acting for a South Asian pharmaceutical company in a multimillion dollar claim for breach of contract. The case is subject to an arbitration clause with the ADGM having supervisory jurisdiction.
    • A v B – acting for a French distributor of high end alcohol products in respect of a breach of contract claim. The case involves jurisdictional issues concerning the Courts of Bordeaux and England and Wales.
• Employment and executive disputes

  Employment and executive disputes

  Recommended by both Chambers UK and Legal 500 in this area, Rajiv regularly acts for both employees and employers in complex multiday trials which include discrimination, victimisation, whistleblowing and TUPE. He has a particular interest in disability discrimination claims. Rajiv also has experience in cases concerning employee competition which complements his commercial practice.

  Rajiv has a solid solicitor client base and also receives repeat instructions from Respondent clients such as Ted Baker and Deli Solutions (part of the Winterbotham Darby Group which is a large national manufacturer of food products).

  Rajiv has appeared in the Employment Appeal Tribunal and has drafted grounds of appeal to both the Court of Appeal and the Employment Appeal Tribunal and replies to appeals to the Employment Appeal Tribunal.

  Rajiv was recently awarded the Lexology Client Choice Award for employment law.

  Most notably, Rajiv successfully represented Meseret Kumulchew in her sex and disability discrimination, victimisation and whistleblowing case against Starbucks. The case received considerable press coverage: BBC, The Independent, The Guardian and The Times. The case was also featured in the Equal Opportunities Review.

  • Pelter v Buro Four Limited (EAT) – Rajiv is acting for the Appellant in a case concerning allegations of age discrimination in the provision of income protection insurance. The case is currently on the “watch list” for IDS Employment Law Handbook (the major employment law publication) and Westlaw because it will develop the law on age discrimination in the provision of benefits in a number of respects and is likely to be a leading authority.
  • Drafted grounds of appeal to Court of Appeal in a case concerning the extent of a Tribunal’s obligation to provide reasons for a decision (i.e. Meek compliance and what amounts to an “overly pernickety critique” pursuant to Brent v London Borough Council v Fuller [2011] ICR 806).
  • A v B – acting for a respondent in a complex whistleblowing claim which has been listed for a 3 week trial (led by Paul Strelitz).
  • A v Commissioner of Police for the Metropolis – Acting for a police community support officer in a complex claim for disability and sex discrimination (listed for a 12 day trial).
  • A v B – Successfully acted for a well known clothing brand in a case concerning allegations of race discrimination.
  • Drofti v Deli Solutions – Successfully acted for the Respondent in a claim concerning allegations of race discrimination and harassment.
  • Acting for a former police officer in a claim for breach of confidence, misuse of private information, breaches of the Data Protection Act 1998 and the Human Rights Act 1998. The claim arose as a result of the Metropolitan Police’s alleged unlawful disclosure of confidential information to a national tabloid newspaper, leading to a negative news story about the Claimant.
  • Acted for a junior doctor in a disability discrimination and victimisation claim. The case concerned the complicated nature of the employment relationship within the context of the NHS.
  • Butt v London Borough of Barking and Dagenham– acted for the Claimant in a claim for damages following the negligent provision of an employment reference.
  • Scanlon v Young Engineers– successfully acted for the Respondent in a dispute concerning amounts owed to an independent contractor. The Claimant appealed the decision to the EAT and Rajiv drafted written submissions in response to a preliminary hearing.
  • Lawrence v Vodafone– acting for the Claimant in an age discrimination and unlawful deductions from wages claim in respect of income protection payments.
  • Perez v Hippdrome Casino Limited– acted for the Respondent in one of the first cases to deal with the interplay between the limitation period for unfair dismissal claims and the Supreme Court’s decision in R (on the application of UNISON) v Lord Chancellor [2017] ICR 1037).
  • Boulding v Sky Handling Services– acted for the Claimant in an unfair dismissal and disability discrimination case. The Claimant succeeded in her complaint of unfair dismissal following a six-day trial on liability.
  • Kamara v MCCH– acted for the Respondent in successfully obtaining a strikeout of the Claimant’s claims for unfair dismissal and discrimination. Successfully obtained a strikeout of the Claimant’s appeal to the EAT at an oral hearing on the basis that the appeal had no reasonable prospects of success.
  • Acted for a Claimant IP Attorney in a disability discrimination, victimisation and harassment complaint against a City law firm. Obtained a favourable settlement.
  • Acted for a claimant in age discrimination and unlawful deductions from wages claim in respect of income protection insurance. The Respondent offered to settle the case after receipt of the Particulars of Claim drafted by Rajiv and prior to the service of its Response. Case settled at full value.
  • Acted for a Claimant in respect of an unfair dismissal, pregnancy and maternity discrimination and age discrimination claim.
• Construction & engineering

  Construction & engineering

  Rajiv brings a unique experience to his construction law practice having worked in Reed Smith’s Construction Litigation department and at Pearsons Claims where he dealt with insurance claims concerning property damage.

  Rajiv regularly acts for parties in construction adjudications and litigation.

  Recent experience includes:

  • A v B – currently acting for an owner of a hotel in a West African country against an international hotel chain. This is a multimillion dollar dispute and concerns the interplay of various agreements and allegations of mismanagement and design faults.  The dispute is subject to an LCIA arbitration clause.
  • Acting for a contractor in respect of a breach of contract claim against the employer for early termination. The case concerns the JCT Minor Works Building Contract with Contractor’s Design and raises complicated concerning quantum and delay.
  • Gregg Nowak Ltd v CSS Electrical Distributors Ltd (TCC)– Rajiv acted for the successful Defendant, CSS Electrical. This was a 3 day trial in front of HHJ Bailey where Rajiv successfully resisted Gregg Nowak’s application to lift a stay of enforcement on an adjudication award. The case concerns the interplay between construction and insolvency law. It has received considerable attention and concerns some of the issues discussed in the Court of Appeal’s decision in Lonsdale v Bresco [2019] EWCA Civ 27. Rajiv’s case has featured in a blog for Practical Law UK and was featured in the UK Adjudicator’s newsletter.
  • Successfully acting for a referring party in an adjudication concerning allegations of professional negligence against a contract administrator in respect of work done at a high-end wine bar in Covent Garden. The case concerned complicated issues around contract interpretation, the extent of a contract administrator’s duty of care, causation and quantum.
  • Acting for the responding party (employer) in a jurisdiction challenge under paragraph 9(2) of The Scheme for Construction Contracts (England and Wales) Regulations 1998. Rajiv drafted detailed written submissions under considerable time pressure and responded to further requests from the adjudicator. The underlying dispute concerned the value of a final certificate in a contract worth over £1.8m and the contractor’s alleged entitlement to an extension of time.
  • Acting for a claimant contractor in respect of a claim for non payment and a counterclaim for defective works under the JCT Design and Build Contract (TCC).
  • Acting for a claimant in a claim under an NHBC policy in respect of damage caused by alleged defects to the floor of a new build property (TCC).
  • Acting for an employer in respect of a claim for defective works under a Federation of Master Builders Contract (TCC).
  • Acting for a contractor in respect of non-payment of fees pursuant to a series of oral contracts.

  During his time at Reed Smith Rajiv was involved in a high profile billion-pound dispute concerning the collapse of the metro tunnel in Cologne. The case concerned the interplay between construction, insurance and professional liability. Rajiv was also involved in construction adjudications. Rajiv’s experiences at Reed Smith have allowed him to gain a detailed understanding of the work undertaken by construction solicitors and the intricacies of the various forms of construction contracts.

  Whilst at Pearsons Claims Rajiv dealt directly with builders and contractors and has first-hand insight as to the realities of construction projects.

• Insurance coverage

  Insurance coverage

  Rajiv has experience in insurance-related disputes.

  Prior to coming to the Bar, he worked at a firm of loss assessors where he acted for policyholders dealing with household insurance claims. Rajiv’s work included advising on interpretation of policy wordings, working with insurance loss adjustors and drafting appeals to the Financial Ombudsman Service.

  He has also acted for the policyholder in respect of a complaint to the Financial Ombudsman Service in a case concerning allegations of misrepresentation by the insurance company.

• Legal professionals

  Legal professionals

  Rajiv covers a wide variety of professional negligence claims and has particular experience in cases involving solicitors and barristers.

  • Acting for a company in respect of a professional negligence claim against a firm of solicitors. The case concerns allegations that the firm negligently missed an application to remove a unilateral notice on a property subject to litigation. The negligent act resulted in the unilateral notice being removed and as such the company losing its security over the disputed property.
  • Advised a claimant in respect of an alleged under settlement of an employment tribunal claim.
• Sports law

  Sports law

  Rajiv has a particular interest in sports litigation. He is currently instructed by the boxing promoter Frank Warren in a contractual dispute against the former WBO Light Heavyweight Champion boxer, Nathan Cleverly.

  He is a Sports Resolutions Pro Bono panel member and also a member of LawInSport. He is also one of a few lawyers to have been admitted into the LawInSport mentoring scheme.

  Prior to coming to the Bar Rajiv assisted in the case of Dwain Chambers v British Olympic Association [2008] All ER (D) 255. The case concerned the British sprinter Dwain Chambers’ application for an interim injunction preventing the British Olympic Association from applying a bye-law which made him ineligible for selection as a member of Team GB for the 2008 Beijing Olympics.

• International

  International

  Rajiv has expertise in international commercial litigation, underpinned by his time at an international law firm.

  He has particular experience in relation to the Middle East.

  Current work includes:

  • A v B –acting for an owner of a hotel in a West African country against an international hotel chain. This is a multimillion dollar dispute and concerns the interplay of various agreements and allegations of mismanagement and design faults.  The dispute is subject to an LCIA arbitration clause.
  • Nordin and others v Minwalla (DIFC) – acting as sole counsel for the Defendant in a claim for breach of contract arising out of a share purchase agreement.  The case is being heard in the DIFC.
  • IR Relations Limited v Floreat Fixed Income SA – Rajiv is part of the Defendant’s legal team in a claim for wrongful termination in the Grand Duchy of Luxembourg. Rajiv is instructed by Lewis Silkin LLP in London and Allen & Overy in Luxembourg. He is being led by Nigel Jones KC. The case concerns a complicated investment scheme and issues of UK financial regulatory law. Rajiv’s client was successful at firs instance.  The Claimant has appealed and Rajiv is instructed to assist with the appeal.
  • A v B – acting for a South Asian pharmaceutical company in a multimillion dollar claim for breach of contract. The case is subject to an arbitration clause with the ADGM having supervisory jurisdiction.
  • A v B –acting for a French distributor of high end alcohol products in respect of a breach of contract claim. The case involves jurisdictional issues concerning the Courts of Bordeaux and England and Wales.