Gaurang has a wide breadth of experience but personal injury and commercial fraud work now occupies a large part of his practice.
His Personal Injury work focuses on employer's liability including industrial disease cases, work-place accidents, serious injuries and fatal cases.
His commercial experience includes: partnership disputes, professional negligence and co-ownership disputes.
He has extensive experience in both civil and criminal fraud cases. The solicitors often appreciate his civil background in criminal fraud cases.
He acts as independent counsel for the SFO and HMRC.
What they say
"Able to organise complex facts and identify the key issues"
"Thinks outside the box"
He is "very practical and a good team player"
Personal Injury
Gaurang's Personal Injury work includes workplace accidents, occupational illness and serious catastrophic injuries. More recently occupational illness, mainly psychiatric illness as a result of stress at work, RSI and deafness forms a large part of his practice.
He is particularly sought after in RSI and occupational stress cases.
General Commercial
General commercial work including partnership and co-ownership disputes, professional negligence in personal injury related cases.
Fraud - Civil and Criminal
Gaurang has dealt with serious criminal cases including murder, attempted murder, rape, kidnapping and fraud. In recent years he has mainly dealt with fraud cases. He has extensive experience in many types of commercial frauds, including:
- Invoice factoring fraud;
- Mortgage fraud;
- Various insurance frauds;
- Franchising fraud,
- RTA Insurance fraud
- VAT fraud
- MTIC
and injunctions, other pre-emptive remedies and related proceedings.
His practice encompasses both civil and criminal fraud.
Other
Gaurang was a Lecturer in Law in 1985. He regularly lectures internally and to Chambers' PI solicitors.
- He is a contributor to APIL's "Guide to Occupational Illness Claims".
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Cases
PERSONAL INJURY
GULED -v- KAMKAM [2011] QBD
On settlement of a claim by a protected person for just over £30,000, the amount over which a Court of Protection deputy had to be appointed with extra costs. Gaurang persuaded the court to retain the funds and give directions for investments. This saved the costs of the deputy.
LISWANISO -V- FIRST GROUP PLC [2010] QBD
Below knee leg amputation claim by 61 year old Claimant settled for over £500,000 after lengthy negotiations.
ROPER -V SOUTH EAST AREA HEALTH AUTHORITY [2010]
Psychiatric injury as result of harassment. Serious medical issues raised. Settlement in excess of £200,000
HARRIS -V- WRIGHTLINK SHIPPING LTD [2010]
RSI claim by clerk for inputting data. Both medical evidence and ergonomic evidence in dispute. Obtained settlement in excess of £40,000.
QUARRELL -V- HOMEBASE DISTRIBUTION [2010]
Serious medical causation issues tried over 2 days arising from accident at work.
WATT -V- ROYAL MAIL [2010]
RSI claim by Post Office employee. Medical and ergonomic dispute.
BLAIR -V- MICHAEL PAGE INTERNATIONAL PLC [2010]
Occupational stress claim with dispute about foreseeability.
DICKINS -V- o2 [2008] EWCA Civ. 1144
Occupational stress. Despite offer of counselling that Claimant did not take up. Represented Claimant both at first instance in a 5 day trial and Court of Appeal.
BHODAY, CUMMINS & OTHERS -V- WEETABIX [2002]
Represented a number of employees for claim for RSI against their employer. Advised and settled the claim.
GALLAGHER -V- BOND PEARCE [2001]
Claimant legal secretary's successful claim for RSI where employer breached Health and Safety (Display Screen Equipment) Regulations 1992 and its common law duty to expose her to risk of injury to upper limb through excessive typing. She suffered from a diffuse Type II WRULD.
FRAUD/CRIME
OPERATION AMAZON 2009 -
Acting as Independent Counsel in HMRC's investigation into an alleged fraudulent scheme to evade income tax and capital gains tax by creating and trading Carbon Emmission Reductionm Certificates under the Kyoto Protocol and UK legislation. The alleged tax loss over 3 years of about £107 million. Gaurang has been acting as independent counsel for the last 3 years.
RE: S [2009]
Advising a Director on allegations of his involvement in MTIC fraud.
AXA DIRECT & DIRECT LINE -V- SULAMAN & OTHERS [2008]
2 month trial on claim for over £1 million on allegations of deceit and misrepresentation arising from fraudulent road traffic insurance claims.
E.SURV -V- BALI & OTHERS [2006] COMMERCIAL COURT
Claim of over £3million arising from allegations of mortgage fraud. Negotiations over a number of days and successfully settled the claim on behalf of one of the defendants who was an IFA.
RE: F [2004-2005]
Advising the SFO on their investigation into alleged franchising fraud.
R -V- WOODS [2004]
Successfully defended case of money laundering of several hundred thousand pounds.
R -V- SHANKER [2003]
Prosecuted a GP for large scale fraud on NHS.
MILLER -V- KICHLU & WOODS [2004] Ch. Div.
Claim for over £1million for alleged misrepresentaiton. Gaurang successfully had the claim struck out summarily.
R-V- CHARLES & THOMAS [2004]
Prosecution of large scale credit cloning described as a "factory".
R-v- FATINIKUN [2003]
This was alleged to be serious offence arising from the police operation "Trident". Defending a charge of attempted murder.
Defending allegation of GBH, false imprisonment and Blackmail.
R-V- ALI [2002]
Successful defence of large scale cheque fraud after a trial lasting over a month.
RBS -V- NUTMAN [2002] Ch Div.
Successful defence of allegations of invoice factoring fraud.
R-v- NAWAZ (1998)
Defending allegation of double murder with 7 Defendants. 2 month trial with very complicated factuakl background and the most serious "cut throat" defence advanced by each Defendant.
R-v- FOX & FRANKS [1995]
Prosecution of "long firm fraud".
R-V- BEN & OTHERS [1993]
Successfully defended an accountant in allegations of VAT fraud of over £13 million.
COMMERCIAL/CHANCERY
PANJABI -V- PUBLIC EYE COMMUNICATIONS [2011]
Acted for Archie Panjabi, the actress, in her claim against her promoter. She paid a sum of money to the Defendants under a settlement agreement. Gaurang persuaded the court that Miss Panjabi was the successful party, offsetting the general rule under CPR 44.3 and Public Eye were ordered to pay all her costs.
PENNY -V- PARABIS LAW [2010]
Acted for Claimant in claim for damages for solicitor's professional negligence in the conduct of a personal injury claim.
KYRIACOU -V- KYRIACOU [2010]
Co-ownership dispute. Principles applicable in determining compensation regime for excluded beneficiary. The proper interpretation of "unavailable" and "unsuitable" within section 12(2) of the 1996 Act.
IQBAL -V- QAYYUM [2006]
Co-ownership dispute and the claim by the estate of the deceased.
CORPORATE CARRIAGES -V- SMITH [2006] Ch. Div.
Claim for damages for misprepresentation and issues relating to a valid novation in a sale of a business. Successfully defended the claim.
RAHMAN -V- ISLAM [2003]
Gaurang acted for the widow and the estate in a Partnership dispute following death of a partner.
PARKER -V- CONWAY [2001]
Co-ownership dispute following death of co-owner. A week long trial with issues of the effect of severance of joint beneficial tenancy and properietory estoppel.
OCWEN -V- MURPHY [2001]
Claim for possession by mortgagee. Undue influence, duress and forgery raised by wife to defeat claim by mortgagee.
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