Narinder Jhittay

Narinder is experienced in domestic and international commercial litigation and arbitration, having acted in a large number of general business and contractual matters across a range of sectors. Examples of her work include the following:

• Acting for over ninety claimants in a restitution claim against several public authorities across Great Britain (led by Gregory Banner KC, and Gerry Facenna KC of Monckton Chambers)
• Acted in a dispute between telecommunications companies over alleged breaches of an SPA and business transfer agreement
• Acted in a HKIAC arbitration concerning investments in a life sciences company (led by Thomas Grant KC of Wilberforce Chambers)
• Acted in a claim for rescission of an SPA in the risk management sector (led by Andrew Twigger KC)
• Acted for a leading supplier of agricultural machinery in claims for misrepresentation and breach of contract, including terms under the Sale of Goods Act 1979
• Instructed in an expedited action following the grant of an urgent injunctive relief, involving issues of estoppel and pandemic-related force majeure (led by Thomas Grant KC of Wilberforce Chambers)
• Acted in a dispute over a purchaser’s entitlement to reimbursement under the terms of an SPA for tax paid in various jurisdictions (led by Andrew Ayres KC of Twenty Essex)
• Instructed in an international arbitration concerning a contractual dispute between pharmaceutical companies based in South America and Asia (including an arbitration claim in the Commercial Court led by Jasbir Dhillon KC of Brick Court)
• Acted in a dispute concerning hedging arrangements governed by a 1992 ISDA Master Agreement (led by Andrew Ayres KC of Twenty Essex)
• Acted in an application and appeal concerning the retrospective extension of service for a claim (led by Tim Penny KC of Wilberforce Chambers)
• Acted for a course provider in two consumer rights disputes (including an appeal) regarding the purported cancellation of contracts for course fees
• Instructed by a toy distributor in a contractual dispute regarding an option agreement (led by David Mumford KC)
• Acted for a Bahraini bank in a contractual dispute regarding aircraft financing (led by Andrew Ayres KC of Twenty Essex)
• Instructed in a methane production, engineering and licensing dispute (led by Andrew Ayres KC of Twenty Essex)

Narinder has expertise in a range of areas relevant to art and cultural property matters – including the principles governing the sale of goods, ownership and security interests in personal property, fraud, misrepresentation, negligence, restitution, agency and warranties; situations involving trusts and charities; and the implications of insolvency.

As an example of her work, Advocate (formerly the Bar Pro Bono Unit) has spotlighted Narinder’s assistance in securing a settlement for an artist by providing extensive drafting at very short notice. The case arose out of damage to a number of paintings, and required analysis of bailment duties and limitation periods.

Narinder has acted in a number of matters involving lenders’ rights and obligations, and other issues arising in the context of banking and financial services including regulatory matters. Examples of her work include the following:

• Acted for the bank in a case relating to the enforcement of various rights and obligations arising out of derivative contracts, in the context of a bankruptcy petition (alongside Benjamin John)
• Advised on various issues arising in respect of the proposed assignment of a claim regarding the sale of an interest rate swap transaction (led by Christopher Parker KC)
• Acted for the bank in an urgent application for a freezing injunction on the basis of a suspected mortgage fraud (led by Thomas Grant KC of Wilberforce Chambers)
• Acted in a complex and valuable claim alleging the mis-sale of interest rate swap transactions (led by Anthony Trace KC with Benjamin John)
• Advised a mortgagee where the enforcement of its possession order was resisted on the grounds that it had allegedly paid secret commissions (led by Amanda Tipples QC as she then was, now Mrs Justice Tipples)
• Acted for the bank in a claim alleging breach of mortgagees’ duties regarding enforcement
• Instructed by a mortgagor in a dispute concerning the remuneration and fees charged by LPA receivers
• Advised a company on the regulatory implications of advancing loans to employees as part of an incentive scheme

Narinder is developing a practice in relation to the law of charities, offering both non-contentious advice and assistance in relation to applications and disputes. The breadth of her expertise means she is well placed to assist in situations where there is overlap between specialisms (for example dispositions of charity land, a subject on which she has delivered training).

Narinder has acted in several substantial matters involving civil fraud and asset recovery, often including urgent applications for interim relief. Examples of her work include the following:

• Instructed by a Cayman bank in a civil fraud dispute to seek Norwich Pharmacal / Bankers Trust orders and related relief, involving applications for injunctions against persons unknown (led by Dominic Chambers KC)
• Instructed by the claimants in an international civil fraud claim for specific performance of a share transfer agreement and breach of trust
• Advised an individual who had provided funds for the purchase of certain shares as to potential claims for recovery of the funds or an interest in the shares, involving issues of jurisdiction, governing law and overlapping proceedings (as part of a wider dispute alongside Thomas Munby KC)
• Assisted the claimant in a large-scale Guernsey dispute regarding a property investment trust involving allegations of sale at undervalue (led by Matthew Collings KC)
• Acted for the claimants in long-running claim for conspiracy, breach of confidence and defamation brought by a prominent Saudi real estate development company and a Bahraini bank (led by Anthony Trace KC and Mark Warby QC of Three Raymond Buildings as he then was, now Lord Justice Warby)

Narinder has developed expertise in disputes concerning a range of business structures, including ordinary and limited partnerships as well as companies. Examples of her work include the following:

• Acting for the Competition and Markets Authority in directors disqualification proceedings and appeals arising from an alleged competition law infringement in the pharmaceutical industry (led by Catherine Addy KC, and Tristan Jones KC of Blackstone Chambers)
• Acted for the Competition and Markets Authority in a claim by disqualified directors for permission to act manage a group involved in the sale and manufacture of sheet lead (led by Catherine Addy KC)
• Acted in a partnership claim and unfair prejudice petition concerning a family-run restaurant business (led by James Aldridge KC)
• Acted in a long-running partnership dispute concerning an international jewellery business (led by Andrew Twigger KC and James Aldridge KC)
• Acted for the claimants in an urgent contested application for the rectification of the companies register in a shareholder dispute
• Acted in a Mercantile Court dispute regarding the payment of loans and expenses to directors
• Acted in an international private equity investment management dispute concerning a limited partnership (led by Andrew Ayres KC of Twenty Essex)
• Instructed in a large-scale shareholder dispute involving the appointment of provisional liquidators (led by Matthew Collings KC and Richard Morgan KC). 

Narinder has been instructed in a number of competition-related matters in the capacity of a commercial / company law barrister. Examples of her work include the following:

• Acting for a global technology group in collective proceedings concerning alleged abusive conduct in the online search market (led by Meredith Pickford KC and Josh Holmes KC of Monckton Chambers)

• Acting for the Competition and Markets Authority in directors disqualification proceedings and appeals arising from an alleged competition law infringement in the pharmaceutical industry (led by Catherine Addy KC, and Tristan Jones KC of Blackstone Chambers)

• Acted for the Competition and Markets Authority in a claim by disqualified directors for permission to act manage a group involved in the sale and manufacture of sheet lead (led by Catherine Addy KC)

Narinder has acted in a number of matters involving issues of bankruptcy and insolvency. She has experience of drafting and appearing in a range of applications – such as those for set aside of statutory demands, restraint of presentation and advertisement of winding up petitions and declarations regarding steps taken by office holders. She has also been instructed in a number of cases to advise on the legal issues and strategic considerations in play where a party is (potentially) insolvent. Examples of her work include the following:

• Acted for leaseholders in a multi-party dispute concerning fire safety and roofing issues arising from the redevelopment of a residential property complex, involving the consideration of strategy and procedure where the former freeholder had entered into administration (led by Edwin Johnson QC as he then was, now Mr Justice Edwin Johnson)
• Advised a Guernsey company in respect of a claim brought against it for the immediate repayment of a loan advanced for a property development, in circumstances of potential insolvency
• Advised an equipment hire firm as to its rights to recover property stored at the premises of a lessor in administration, involving consideration of the implications of the moratorium and potential rights of action against the administrators
• Assisted with research concerning the effect of a proof of debt in a substantial BVI dispute

Narinder has experience of representing and advising clients in the media and entertainment sector, in both contentious and transactional contexts. She is able to bring expertise to bear in a number of relevant areas of practice, including company law and economic torts. Examples of her work include the following:

• Advised the directors of a media company in relation to the construction of a shareholders’ agreement and general principles of company law, in relation to potential disputes over the occurrence of an obligatory share transfer event and engagement in competitive activities
• Advised a firm of solicitors acting for a number of celebrities and other clients with privacy concerns in relation to company law requirements for the publication of information
• Acted for a production company in a claim for misrepresentation and breach of confidence in connection with the format of a television show (alongside Edmund Cullen KC)
• Instructed by the home entertainment division of a multinational mass media company in a claim for royalties under a distribution agreement

Narinder has acted in a number of property-related disputes, in both a residential and commercial context. As well as dealing with issues of land and landlord & tenant law, her experience in a range of other areas enables her to address further angles which may arise in the course of such disputes – including issues of insolvency, breach of fiduciary duty and lenders’ rights. She has delivered training for the Property Litigation Association on a number of occasions, including sessions on forfeiture, landlord & tenant insolvency, and dispositions of charity land. Examples of her work include the following:

• Acted for the developer in a rights of light dispute relating to a property on Oxford Street, mentioned by Estates Gazette alongside its Top 10 Cases of 2022 (led by John McGhee KC of Wilberforce Chambers)
• Advising an occupier of a business park in relation to the apportionment of service charges under a series of deeds
• Acted for the adjoining owner in a rights of light dispute relating to the construction of a hotel in Wimbledon (led by John McGhee KC of Wilberforce Chambers)
• Acted for leaseholders in a multi-party dispute concerning fire safety and roofing issues arising from the redevelopment of a residential property complex, involving the consideration of strategy and procedure where the former freeholder had entered into administration (led by Edwin Johnson QC as he then was, now Mr Justice Edwin Johnson)
• Advised a mortgagee where the enforcement of its possession order was resisted on the grounds that it had allegedly paid secret commissions (led by Amanda Tipples QC as she then was, now Mrs Justice Tipples)
• Advised a Guernsey company in respect of a claim brought against it for the immediate repayment of a loan advanced for a property development, in circumstances of potential insolvency
• Advised an equipment hire firm as to its rights to recover property stored at the premises of a lessor in administration, involving consideration of the status of the lease over the premises
• Advised the owner of a high value residential property on strategic considerations in relation to a dispute with their lodger for non-payment of sums due and damage to the premises
• Assisted the claimant in a large-scale Guernsey dispute regarding a property investment trust involving allegations of sale at undervalue (led by Matthew Collings KC)
• Acted for a judgment creditor in an urgent application for an injunction preventing the sale of a residential property pending the determination of a Part 8 claim for sale based on charging orders
• Acted for the claimant in a claim for wrongful eviction from business premises, involving analysis of the claimant’s rights (whether as tenant or a licensee as contended by the defendant)