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Narinder Jhittay

Call 2010

njhittay@maitlandchambers.com

Narinder has a varied commercial chancery practice. She regularly appears in the Business and Property Courts, County Court and Court of Appeal and also represents clients in arbitrations. She has a wealth of experience of conducting trials, appeals and shorter hearings unled – including applications for the full range of interim relief typically arising in commercial proceedings (both litigation and arbitration). In addition she is often instructed as part of a team in large scale and high value matters, and is adept at dealing with cases which are complex, fast-paced and document-heavy.

Narinder’s expertise extends across chambers’ main practice areas. She is well-placed to assist in situations where there is overlap between specialisms (such as an insolvency angle), and has worked on several matters involving issues of jurisdiction, governing law and interaction with foreign proceedings. On a number of occasions she has provided research and advisory support in matters before foreign courts (particularly in the Channel Islands). She has also worked alongside foreign lawyers in preparation for international arbitration hearings, with a focus on the Asia-Pacific region.

Narinder has been instructed in disputes across a wide range of business sectors, including aviation finance, banking, estate agency and management, equipment hire, fashion retail, jewellery manufacture, media and entertainment, the parking industry, pharmaceuticals, property development, renewable energy and venture capital. She has a particular interest in matters concerning art and culture.

Narinder welcomes instructions for advocacy, drafting, and advice relating to:

  • general business and contractual matters – such as disputes over loans, share purchase agreements, agency and consultancy arrangements, guarantees, options and indemnities
  • trusts, civil fraud and asset recovery – including issues with the creation and enforcement of trusts; disputes involving breach of fiduciary duty (including secret commissions), dishonest assistance and knowing receipt; claims in deceit, conspiracy and other economic torts
  • corporate and individual insolvency – all aspects of bankruptcy, liquidation, administration, receivership and voluntary arrangements; applications in insolvency proceedings (e.g. restraint of petitions, validation orders and lifting the moratorium); challenging wrongful or fraudulent trading, transactions at undervalue and preferences
  • art and cultural property disputes – including issues concerning the sale of goods, ownership and security interests in personal property, fraud, misrepresentation, negligence, restitution, agency and warranties; situations involving trusts and charities; the implications of insolvency
  • company and partnership – for example claims arising out of joint ventures and breach of directors’ duties; shareholder disputes, unfair prejudice petitions and derivative claims; applications for rectification of the register; disputes regarding the operation and dissolution of ordinary and limited partnerships
  • banking and finance – including claims against banks arising out of misselling, manipulation of interest rates and conduct of reviews; disputes concerning derivatives (including in relation to ISDA Master Agreements); lender claims against borrowers, solicitors and valuers
  • arbitration – including LCIA, SIAC and ad hoc proceedings; ancillary applications to Court (e.g. for stays of proceedings) and claims under the Arbitration Act 1996
  • real estate – enforcement of mortgages and charging orders; disputes involving commercial and residential tenancies and licences; claims regarding the beneficial ownership of land, undue influence and proprietary estoppel; relief against nuisance and trespass; valuation

She is able to assist at all stages of litigation and arbitration, often working closely alongside firms of solicitors and in-house counsel to provide support with disclosure issues (including questions of legal professional privilege), evidence preparation (including expert reports) and mediation.

Narinder is an experienced speaker. In addition to visiting law firms to give bespoke talks on subjects as varied as break notices, reflective loss and freezing injunctions, she has been invited to deliver training for organisations such as:

  • Property Litigation Association co-hosting a workshop on forfeiture at the 2015 annual conference, speaking as part of a panel on landlord and tenant insolvency at the 2017 joint ChBA/PLA seminar, and giving a standalone talk on ‘The Year of the CVA’ at the 2018 Autumn training day
  • Crafty Counsel – presenting innovative online series of videos for in-house lawyers on aspects of legal professional privilege and the management of disputes
  • Bar Council – speaking on party non-participation in arbitration as part of a training scheme for Chinese lawyers

Further details of Narinder’s experience and areas of expertise can be obtained from the clerks (clerks@maitlandchambers.com). The clerks are happy to discuss the basis on which Narinder will act in any given matter. In the absence of express written agreement otherwise, the terms under which Narinder accepts instructions are The Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2012 (as updated from time to time) referred to in the BSB Handbook.

Notable Cases

FDJ Bennett v GEA: acting for the defendant to a claim for misrepresentation and breach of contract in respect of agricultural machinery

Malik v Hussain: acting for the defendants in a partnership claim and unfair prejudice petition concerning a restaurant business (led by James Aldridge QC)

Citco (2019): instructed by a bank in a civil fraud dispute to seek Norwich Pharmacal / Bankers Trust orders and related relief (led by Dominic Chambers QC)

Stork v JPR Services (2019): acted for the claimant in a dispute over its entitlement to reimbursement under the terms of an SPA for tax paid in various jurisdictions (led by Andrew Ayres QC)

Instructed by the claimant in an international arbitration between two pharmaceutical companies (including an arbitration claim in the Commercial Court led by Jasbir Dhillon QC of Brick Court) (2017-9)

UNAICO v Summerhill (2015-9): instructed by the claimants in a civil fraud claim for specific performance of a share transfer agreement and breach of trust

Campbell v Campbell (2016-8): acted for the defendant in a partnership dispute concerning an international jewellery business (led by Andrew Twigger QC and James Aldridge QC)

LBI v Greif International Holding (2018): acted for the defendant in a dispute concerning hedging arrangements governed by a 1992 ISDA Master Agreement (led by Andrew Ayres QC)

Woodward v Phoenix Healthcare Distribution (2018): acted for the claimants in a dispute concerning the retrospective extension of service for a claim (led by Tim Penny QC of Wilberforce Chambers)

Smithers v Mills (2017): acted for the claimants in an urgent contested application for the rectification of the companies register in a shareholder dispute

Learn to Trade v Badela (2017): acted for the appellant in a consumer rights dispute regarding the purported cancellation of a contract for course fees

Cepia HK v Character Group (2016): instructed by the defendant in a contractual dispute regarding an option agreement (led by David Mumford QC)

Novus Aviation Ltd v Alubaf Arab International Bank BSC(c) (2014-6): acted for the defendant bank in a contractual dispute regarding aircraft financing (led by Andrew Ayres QC)

Stack v Ajar Tec (2016): acted for the claimants in a Mercantile Court dispute regarding the payment of loans and expenses to directors

Acted for the defendants in an international private equity investment management dispute (2015) (led by Andrew Ayres QC)

Assisted the claimant in a large-scale Guernsey dispute regarding a property investment trust (2013-4)

Dar Al Arkan Real Estate Development Co v Majid Al Refai (2012-4): acted for the claimants in a claim for conspiracy, breach of confidence and defamation (led by Anthony Trace QC and Mark Warby QC of Three Raymond Buildings, now Mr Justice Warby)

EnviTec v Biogas AG v Greenland Biogas (2013): instructed by the defendants in a methane production, engineering and licensing dispute (led by Andrew Ayres QC)

Caldero Trading v Beppler & Jacobson (2012): instructed by the defendants in a shareholder dispute (led by Richard Morgan QC)

Qualifications

BA (Hons) First Class; BCL

Narinder graduated with a First in Law from Downing College, Cambridge in 2008. The following year she read for the BCL at Hertford College, Oxford (taking papers in Corporate Insolvency, Advanced Property & Trusts, Conflict of Laws and Competition Law) and represented the university in the Oxford International Intellectual Property Moot. Narinder completed the BVC at BPP and was awarded Denning and Wolfson Scholarships by Lincoln’s Inn.

Based on her knowledge of international arbitration, Narinder has attained Associate membership of the Chartered Institute of Arbitrators (ACIArb). Narinder has qualified as an advocacy tutor with Lincoln’s Inn, and regularly teaches on courses for pupils and newly qualified barristers.

Languages

German (basic)

Memberships

Chancery Bar Association
Chartered Institute of Arbitrators
Commercial Bar Association
Financial Services Lawyers Association
Insolvency Lawyers' Association
Institute of Art & Law
Property Bar Association