Commercial Law

Mukhtiar’s commercial practice involves a broad spectrum of commercial law:

• Breach of Contract
• Insolvency
• Professional Negligence
• Company and Partnership Law
• Trusts disputes
• Overlap with employment disputes, particularly restraint of trade, confidential information, and director/shareholder disputes.

He has experience of a number of director/shareholder disputes involving allegations of fraud; dishonest assistance; unfair prejudice; and breach of fiduciary duties. Mukhtiar has advised on contractual disputes arising from Covid-19 relating to the interpretation of force majeure clauses and frustration.

Mukhtiar has advised on contractual disputes arising from Covid-19 relating to the interpretation of force majeure clauses and frustration.

Contractual disputes range from small claims cases, such as school fees and unpaid wages, through to disputes with national and global companies, for example, a multi-million-pound case involving breach of exclusivity obligations.

Notable cases include:

• Represented a vulnerable claimant in a breach of contract claim brought against a builder who undertook a number of projects at her property, without completing any and yet continued demanding payments. The Claimant obtained an order of over £65,000 plus indemnity costs (Central London County Court 2022).
• Acted on behalf of one of the hundreds of vulnerable (new to the UK) victims of mis-sold mortgages by Dharam Prakash Gopee (through his various companies including Barons Bridge Finance). An order was obtained removing the charge on various grounds, which included that the mortgage was provided by an unauthorised lender under section 40 of the Consumer Credit Act 1974 and were not enforceable without OFT approval or order of the court (Central London County Court 2021). Mukhtiar has acted in similar cases in the past, instructed by DSD law in Kent. News coverage about the prosecution brought against Mr Gopee can be found here and details of a confiscation order totalling £5million here.
• Represented professional landlords in a dispute against their service company and insurer following significant damage and loss (circa £300,00) caused by a burst pipe (2021).
• Acted on behalf of a vulnerable individual who had loaned circa £400,000 to two individuals who subsequently denied the existence of the loans and one defendant denied agency making counter-allegations including fraud. The client successfully recovered the capital sum, interest and costs following settlement on the first day of a trial conducted by Zoom (2020).
• Acted on behalf of a UK company that brought a breach of contract claim against a US company it had contracted with to provide sales and marketing. The key issue was of contractual interpretation, particularly whether an obligation to provide notice of termination could be circumvented by exercising a right not to provide work. The Claimant obtained a favourable settlement following lengthy litigation (2019).
• Without notice injunction (settled on the return date). Successfully restrained the winding up of a small football club where there was a genuine dispute over the alleged debt for development work carried out at the ground. The defence included an alleged non-disclosed conflict of interest in the construction company by the club’s former finance director (2018).
• An extended fast-track trial regarding unpaid private school fees. The case involved the applicability of the Consumer Credit Act 1974 and counterclaims regarding the school’s representations and performance (2018).
• C v B [2016] EWHC 3567 (QB): appeal against the striking out, on limitation grounds, of a counterclaim to a possession claim for knowing assistance to a breach of trust involving secured loans used to invest in a Ponzi scheme. Mr. Justice Mitting stated, “She is now represented on a Direct Access basis by Mr. Mukhtiar Singh who has presented her case with moderation and realism. I am grateful to him, as she should be as well”.
• Acted on behalf of a specialist environmental clearance company who undertook work as part of the development of a petrol station to residential properties. The Defendants ran defences involving privity and agency, but ultimately conceded on the day of trial (2017).
• Acted on behalf of the Defendant denying the existence of a number of loans; the Claimant withdrew his claim at the end of the first day of trial (2017).
• On the day of trial, successfully negotiated settlement in a claim under s.14 of the Sale of Goods Act 1979, for rescission and damages involving the purchase of a defective vehicle (2017).
• Professional negligence dispute against a solicitor acting for an elderly purchaser of a lifetime lease who alleged she believed she was obtaining the freehold title (2017).
• Represented an ex-director of two sister companies (one UK and one US) in a breach of contracts claim where the companies had relied upon respective Payment In Lieu of Notice clauses following termination, but subsequently refused to pay citing breach of fiduciary duties and fraud allegedly subsequently discovered.
• Settled favourably following mediation (2016).
• 4-day multi-track trial involving an alleged loan of £200,000 to a sibling; successfully defended the case and obtained costs on an indemnity basis (2016).
• 4-day multi-track trial involving claims and counterclaims for breach of contract and unjust enrichment, where the dispute was over the completion of renovation works and a failure to execute a commercial lease (2016).
• 2-day multi-track trial involving a substantial loan and a counterclaim for breach of a partnership agreement, which thereafter resulted in protracted enforcement proceedings (2016).
• Successfully obtained summary judgment on behalf of the Claimant in a dispute against guarantor Defendants concerning a failed overseas investment (2016).
• Successful application, with costs, to set aside default judgment entered in favour of a leading parking charges enforcement company for breach of contract. Argued implied terms could be incorporated thus the Defendant had a real prospect of defending the claim (2015).