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Michael Uberoi

Michael Uberoi

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Michael Uberoi practises in regulatory and commercial litigation, with a particular focus upon pensions and financial services. The Legal Directories state, “his written advocacy is clear and persuasive, and he is a pleasure to work with” (Pensions, Legal 500, Leading Junior), and describe him as “a very talented barrister who has a keen eye for detail” (Financial Services Regulation, Legal 500, Leading Junior). They also describe him as  an exceptional advocate”, who is “very, very hard-working”, and as a “bright junior with a strong intellect and good judgement”.

Recent and ongoing pensions cases include: Safeway Ltd v Newton [2018] Pens. L.R. 2 (equalisation – the Advocate General issued his Opinion in April 2019 and the case is likely to be one of the first cases post Brexit to consider the impact of the case law of the European Court upon a post-Brexit legal landscape); Sheffield v Kier Group plc [2019] EWHC 986 (Ch); Smith v Sheffield Teaching Hospitals NHS Foundation Trust [2018] Pens. L.R. 5 (maladministration of benefits); Wise v Sun Life Assurance [2016] EWHC 2814 (Ch); acting for individual trustees and board members in relation to proceedings brought regarding the Bic UK Pension Scheme; acting for the Targets in a 2018 hearing before the Determinations Panel in which the Regulator sought prohibition orders, acting for a trustee in relation to the GPG / Coats FRC regulatory action; and acting for a major SIPP provider in relation to a group action of SIPP mis-selling claims.

Michael appears in all courts (both as sole and junior counsel) and is frequently instructed to obtain or resist interlocutory relief. Recent examples include: successfully obtaining a freezing injunction over assets totalling £3 million; successfully resisting an application for a mandatory injunction in a dispute between company directors; and successfully resisting an application to convert an interim anti-suit injunction into a final injunction. He has particular expertise in cases involving the interaction between financial services regulation and commercial litigation (Lampo v Royal Bank of Scotland [2016] EWHC 3824).

Michael sits on the Education & Training Sub-Committee of the Association of Pension Lawyers. He is a member of COMBAR, and is registered with the Dubai International Financial Centre. He is also called to the Bar of Northern Ireland.

Pensions & Trusts

Michael recently appeared in the case of Safeway v (1) Newton (2) Safeway Pension Trustees Ltd [2018] Pens. L.R. 2 377 (Ch) (led by Andrew Short QC), a claim that represents a significant authority in the context of equalisation claims and their interpretation of EU case law. It is believed to be the largest equalisation claim to have come before the courts. Having been referred by the Court of Appeal to the European Court, the Advocate General has just issued his Opinion (in April 2019). The case is also likely to be one of the first cases post Brexit to consider the impact of the case law of the European Court upon a post-Brexit legal landscape.

Other cases (in 2018 / 2019) that he has conduct of as sole counsel include:

  • advising the employer in connection with a s.75 employer debt under the Employer Debt Regulations, with regard to employment cessation events and limitation;
  • representing a class of scheme members (group litigation order) in a claim for Part 8 Declaratory relief, arising out of an alleged collateral contract and an ensuing dispute over the correct definition of pensionable pay, against a major multi-national company;
  • representing former trustees and company board members in a claim for restitution and breach of director and trustee duties, brought in connection with the Bic UK Pension Scheme;
  • a High Court appeal involving the extent of the Pensions Ombudsman’s jurisdiction, and legitimate expectations / A1P1 rights (Sheffield v Kier Group plc [2019] EWHC 986 (Ch));
  • a High Court appeal from a decision of the Pensions Ombudsman regarding the 1995 NHS Pension Scheme Regulations;
  • acting for the claimant in an ongoing claim for pension misselling with regard to the transfer of funds to a DC scheme (and associated issues regarding the lifetime allowance);
  • representing the Targets in a prohibition order hearing before the Determinations Panel of the Pensions Regulator.

Michael frequently advises on matters before the Pensions Ombudsman, and on appeals from determinations of the Ombudsman (including in cross-over appeals from determinations of the Financial Ombudsman Service, in relation to pension misselling).

Commercial & Chancery

Michael acts in commercial disputes. Recent cases (in 2018 / 2019) include:

  • acting for a Dubai based trading entity in connection with a claim for breach of contract / misrepresentation over the terms of a foreign exchange trading account, and a decision to close out positions (breach of contract / misrepresentation);
  • acting for a leisure company in defending a claim for breach of contract (formation of terms / whether any settled contract was agreed / quantum meruit);
  • acting for a major wholesale food entity  in an action involving alleged breach of a verbal agreement regarding commission payments, the Commercial Agency Regulations, fraudulent misrepresentation and deceit;
  • obtaining a freezing injunction (in the sum of approximately £3 million) and advising in relation to the underlying breach of loan agreement / guarantee action, on  behalf of an international marketing firm. The case settled for its full value shortly after the freezing injunction was obtained;
  • a claim for breach of contract, misrepresentation, and failure to exercise a contractual lending discretion in good faith against a major bank which settled in the claimant’s favour for a sum of approximately £2.5 million;
  • advising a Premier League footballer with regard to his sponsorship agreement with a major sportswear manufacturer, in connection with alleged penalty clauses.

Disciplinary & Regulatory

Michael is an experienced regulatory advocate who frequently appears on behalf of professional individuals and regulated entities.

Michael is a contributing author to the publication Encyclopaedia of Forms and Precedents (Financial Services), published by Lexis Nexis, and has previously undertaken a secondment at the Financial Conduct Authority, where he worked on a number of investigations arising out of alleged breaches of the FCA Handbook.

Recent instructions (in 2018 / 2019) include; advising a major lending entity with regard to potential breaches of the Regulated Activities Order, and whether underlying loan agreements were therefore unenforceable under s. 28 FSMA; advising a major private wealth management firm in relation to an ongoing investigation by the regulator with regard to client transfers out of SIPPs; representing a mortgage brokerage in connection with disciplinary action being taken against it by the Financial Conduct Authority; and advising various entities in respect of fines issued by the Pensions Regulator following alleged breaches of auto-enrolment obligations.

Appointments & Memberships

  • Association of Pension Lawyers (APL) (Education & Training Sub-Committee)
  • COMBAR

Appointments & Memberships

  • Association of Pension Lawyers (APL) (Education & Training Sub-Committee)
  • COMBAR

Michael Uberoi is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.

Areas of Law


Testimonials


“Highly thought-of junior who excels at representing medical professionals in proceedings before regulators, including the GMC and GDC.” Professional Discipline, Chambers and Partners 2020

“Establishes a strong rapport with clients.” Professional Discipline, Chambers and Partners 2020

“A very talented barrister who has a keen eye for detail.” Financial Services Regulation, Legal 500 2020

“His written and oral advocacy is clear and persuasive and he is a pleasure to work with.” Pensions, Legal 500 

“An excellent advocate, compelling and sensitive with clients” Professional Disciplinary and Regulatory, Legal 500 2020

“His written and oral advocacy is clear and persuasive and he is a pleasure to work with” Pensions,  Legal 500 2020

“A very talented barrister who has a keen eye for detail.” Financial Services Regulation

“Approachable and easy to work with.” “An excellent senior junior.”  Chambers & Partners 2019

“Very likeable and very good on his feet.” Chambers & Partners 2018

“He puts clients at ease, and is well prepared and easy to get on with.” Chambers & Partners 2018

“Exceptionally skilled in communicating with clients.” Legal 500 2017

“An exceptional advocate, who is doggedly determined to ensure fairness for his client.” Legal 500 2017

“Exceptionally good. Very, very hard-working, incredibly incise, lots of panache and confidence. A really good advocate.” Chambers & Partners 2017

“Highly thought of junior who represents professionals before the FCA Enforcement Division. Analytical, calmly persuasive and thorough; when you send him papers, you know he’ll have read, analysed and carefully prepared every aspect of the case.” Chambers & Partners 2017

“Michael is a very impressive junior barrister who is knowledgeable and accomplished beyond his years. He is sensible, realistic and pragmatic in his advice, whilst his care in presenting a case is notable.” Chambers & Partners 2017

“A great team player, who takes a sensible, pragmatic approach.” Legal 500 2016

“An excellent junior, who punches above his weight.” Legal 500 2016

“He adopts a firm but calm approach, and clearly sets out the reality of a case to clients. He is extremely well prepared for all his cases and employs imaginative arguments on behalf of his client to achieve the best results possible.” “He is knowledgeable and accomplished beyond his years.” Chambers & Partners 2016

“A good advocate who comes over very well.” “He is extremely hard-working, highly approachable and a good communicator.” Chambers & Partners 2016

“A bright junior with a strong intellect and good judgement; he will go far.” Legal 500 2016

“He did an extremely good job in difficult circumstances.” Chambers & Partners 2015

“He is already very good and in five years will be a major name in the field.” Chambers & Partners 2014

“Michael Uberoi appears regularly in public inquiries. [He] recently advised the former Director General of the BBC in connection with his appearance before the Pollard Inquiry.” Chambers & Partners 2014

Michael Uberoi “Also tackles sports-related cases…[he] has a growing practice in this field and is building a solid reputation amongst his peers.” Chambers & Partners 2014

“Knowledgeable beyond his years.” Legal 500 2014

“Michael Uberoi is making a name for himself.” Chambers & Partners 2013

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