Amit Gupta
Call: 2006
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Profile

Amit has a strong commercial and chancery practice with a heavy emphasis on insolvency. He is instructed on cases pre and post an insolvency procedure, including setting aside or resisting transactions at an undervalue or preference payments and wrongful trading claims. He acts for individuals, companies, partnerships and most often insolvency practitioners.

He has recently appeared in the High Court in applications seeking to cure defective out of Court administration appointments, high value contested bankruptcy petitions, bankruptcy tourism cases, contested applications to annul and misfeasance trials.

Amit has a wealth of injunctive experience, including (world-wide) freezing orders, interim relief and applications to restrain presentation or advertisement of a winding up petition. Amit also has a lot of trial experience and is also regularly instructed in CPR-based applications (for example, contested security for costs applications).

Amit is also regularly instructed to act for high street banks in litigation concerning guarantees and indemnities, securities and the recovery of assets, which links very well with his insolvency practice.

Amit is a regular contributor to a variety of different publications, including the Corporate Rescue Magazine, Insolvency Intelligence and for Lexis Nexis on their Insolvency Blog. Amit has also spoken several times at the R3 conferences and recently delivered another seminar at the Insolvency Network UK annual conference (on the hot topic of misfeasance).

Amit has a strong following of solicitors and lay clients (both large and small) that will always pick him for their work. He prides himself on giving clear and practical advice, quickly absorbing complicated instructions in order to give clear bite-sized advice and sharing the workload with his instructing solicitors. He has been led by Silks and Senior Juniors, who have found him not only a pleasure to work with but also able to give a fresh view and add value. Amit is regarded as being user-friendly and accessible.

Amit has a knack of being instructed by high profile clients who include an ex-England footballer, a well known hypnotist, an ex-director of one of the largest personal injury firms which went into liquidation and a member of a popular 90s boyband. 

As of November 2015, Amit was also appointed to the AG's Panel for 5 years and is already being instructed on insolvency and directors' disqualification work (having already practiced in this for several years).

Amit is fluent in Hindi and has a working knowledge of Panjabi. In his spare time he enjoys watching football, playing squash and badminton, snowboarding and the theatre.


  • What-the-Directories-Say

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      • "User-friendly, gives excellent client care and is a fiercely intelligent, polished advocate.", "He's practical, pragmatic and easy to work with. He is very thorough, good with clients and provides straightforward and frank commercial advice.", "He always seems to know the right way to sway a judge." and"He is user-friendly and fiercely intelligent, with excellent client care skills. He is a polished advocate." - Chambers UK 2019
      • “He is brilliant in front of a judge.” - Legal 500 2019

      Previous editions have said:

      • "He is always available, has a great manner with clients and he's always really well prepared." "He picks things up quickly, gives practical and sound advice and is really responsive." Chambers UK 2018
      • "Extremely responsive and academically superb, he is a fierce advocate who is always willing to go the extra mile." "Amit is very technical, excellent with clients and highly commercial." Chambers UK 2018
      • "Outstandingly responsive and academically superb, as well as a persuasive advocate." "Very thorough and good with clients, he provides straightforward and frank commercial advice." Chambers UK 2017
      • "Approachable, knowledgeable and commercially aware." Legal 500 2016
      • "Approachable, knowledgeable and commercially aware." - Legal 500
      • "He is always available, has a great manner with clients and he's always really well prepared." "He picks things up quickly, gives practical and sound advice and is really responsive.", "Extremely responsive and academically superb, he is a fierce advocate who is always willing to go the extra mile." "Amit is very technical, excellent with clients and highly commercial." - Chambers UK
      • "An extremely impressive junior" who has established an excellent reputation in commercial litigation, demonstrating particular strength in insolvency matters - Chambers UK
      • "Outstandingly responsive and academically superb, as well as a persuasive advocate." - Chambers and Partners UK
      • "Very thorough and good with clients, he provides straightforward and frank commercial advice." - Chambers UK
      • "Skilled oral presentation and personable approach." - Chambers UK

  • Recent-Experience

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    • Amit’s recent unreported / ongoing cases involve:

      General commercial:

      • Advising on and drafting Particulars of Claim for one of the West Midlands' largest fires and a claim for damages, led by Edward Pepperall QC (settled at mediation).
      • A trial on contracts to enter into contracts, misrepresentation, breach of warranties, a total failure of consideration and repudiatory breaches (settled part way through trial).
      • Advising a large Dutch multi-national company on jurisdiction, the applicable law, security for costs (including obtaining an order for security in the TCC), limitation and the merits of defeating a contractual claim, arising out of claims assigned by a liquidator.
      • Advising and drafting in relation to a substantial breach of contract and breach of confidentiality claim, acting for a well known recruitment agency against a well known diary distributer in a high value claimed, being led by David Stockill (ongoing work for 3 years).
      • Acting for a well-known multi-millionaire on a claim for professional negligence against an international law firm.
      • Appeared on the trial of a preliminary issue concerning the 2012 Children in Need video that featured Chris Moyles with a digital resurrection of Morecambe and Wise.
      • Advised a high profile pop star (popular in the 90s) on resisting possession proceedings.

      Insolvency:

      • Acting for the wife of an ex-Premiership and England footballer on matters arising from his bankruptcy, including sale of the family home and a professional negligence claim.
      • Advising an insolvency practitioner that he has good prospects on a wrongful trading claim valued at c.£5M, unled.
      • Appeared for the bank in the leading case on bona vacantia, disclaimer and escheat arising from dissolution of a company in administration: Re Fivestar Properties Limited [2015] EWHC 2782 (Ch.)
      • Advising on appeal from the decision in Re Kingston Investments Ltd [2015] EWHC 1619 (Ch.) on insolvency set off.
      • Obtaining an extended civil restraint order on very broad terms, before Mr Justice Blair, against a bankrupt who had issued a plethora of claims against a variety of individuals.
      • A contested application for the sale of a high value property owned by a high net worth individual who was made bankrupt for a failure to pay his tax bills.  
      • Acted for an office holder on claims for transactions at an undervalue and preference payments, unled against a QC.
      • A trial on the equity of exoneration.
      • Appeared in NG v McCormack (2013, unreported) for the office-holder on a dispute over the test of “exceptional circumstances” on an application pursuant to s.335A, where he successfully overcame an Article 8 (ECHR) argument run by the bankrupt.
      • Advising on the pari passu rule where a floating charge holder seeks to prove as an unsecured creditor in a prescribed part distribution.
      • Appearing for an individual on a contested interim order with a view to enter into an IVA.
      • A contested IPO with permission for cross-examination of both the bankrupt and an office-holder.
      • Section 216 applications.
      • Advising on the validity of transactions carried out after presentation of a bankruptcy petition but before an office-holder is appointed.
      • An application to revoke a CVA by a petitioning creditor who alleged unfair prejudice.
      • Acted for a director who gave a disqualification undertaking for 8 years concerning a multi-million pound VAT fraud, but was granted permission to act as a director pursuant to s.17 CDDA 1986.

      Banking:

      • Acting for the bank on a contested guarantees claim where there was a defence of undue influence, misrepresentation and collateral contracts.
      • Acting for the bank on establishing a proprietary interest in funds which were the subject of a restraint order by the Crown Court.
      • Acting for the bank on competing summary judgment applications and strike out applications on the limitation period for speciality actions.
      • Advising a bank on the validity of a debenture.
      • Advising on set-off of secured and unsecured claims by a bank against claims for mis-selling by a company in Administration.

  • Reported-Cases

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      • Tongue v (i) RSPCA and (ii) Timothy Heaselgrave [2017] EWHC  2508 (Ch.) - Amit appeared for the trustee in bankruptcy in this 10 day trial listed before Newey J concerning the RSPCA’s costs of caring for cattle for a number of years.  The RSPCA had taken control of the cattle because they were not being cared for properly,  a risk to the public, a risk to each other and being kept on a farm in sub-standard conditions.  The trustee had, at a mediation, settled the dispute with the RSPCA and agreed to admit a varied proof, which the bankrupt challenged.  The trustee (i) was called to give evidence and cross-examined and (ii) adduced his own expert evidence in respect of the cost of caring for cattle for a protracted period.  Amit successfully protected the trustee’s position and the RSPCA were made to pay the trustee’s costs of the proceedings.  This case now represents one of the few new cases on the law of bailment, how that relationship arises and the impact of intermediaries. 
      • Andrews v Stanway [2017] EWHC 2248 (QB) - Amit appeared for the Respondent in a contested freezing injunction concerning joint venture agreements, misappropriation of assets, poorly pleaded claims, risk of dissipation, fraud and oral contracts.
      • Re Officeserve Technologies Limited [2017] EWHC 906 (Ch.) – Amit appeared for the Applicant seeking an administration order in circumstances where the statutory criteria for granting an administration order was met but there had been significant transactions post-presentation of a winding up petition, such that the Court declined to make an administration order and appointed a provisional liquidator instead.  Another interesting decision on the exercise of discretion, following Rowntree Ventures Limited (2) JM Print Services Limited v (1) Oak Property Partners Limited (2) Oak Forest Partnership Limited [2016] EWHC 1523 (Ch.) in which Amit also appeared.
      • Rowntree Ventures Limited (2) JM Print Services Limited v (1) Oak Property Partners Limited (2) Oak Forest Partnership Limited [2016] EWHC 1523 (Ch.) – Amit appeared for two consortiums of creditors who had allegedly been duped into leasing hotel rooms on 999 year leases at inflated prices (running into the millions) for administration applications. This is a leading case on the use of discretion when considering whether to make administration orders. Currently on appeal to the Court of Appeal.
      • Re Fivestar Properties Limited [2015] EWHC 2782 (Ch.) - appeared for the bank in the leading case on bona vacantia, disclaimer and escheat arising from dissolution of a company in administration.
      • Chatha -v- Uppal [2012] EWHC 2150 (Ch.) – Amit appeared on a worldwide freezing injunction together with an order for delivery up of a passport.  This hearing was one small part of the ongoing case, which considered the inter-play between the jurisdiction to retain passports and proposed breaches of immigration laws.

  • Specialist-Areas

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  • Qualifications-and-Appointments

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      • Junior Counsel to the Crown (Midlands Panel) – appointed for 5 years in November 2015
      • LLB, University College of London (UCL)
      • BVC (Outstanding)

  • Professional-Associations

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      • Midland Circuit
      • Midlands Chancery and Commercial Bar Association (MCCBA)

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Further Information

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