Harmish Mehta

Call: 2023

Barrister

Harmish Mehta is a commercial and chancery barrister. He specialises in commercial, insolvency & companies and private client work.

Harmish has extensive experience of working in counsel teams with senior colleagues on complex and high-value disputes, and complements this experience with his busy unled practice.

His ongoing and recent work includes acting in unfair prejudice proceedings (led by Christopher Boardman KC) in which a four-day remedies trial is listed for March 2027, and preparing claims in respect of shared appreciation mortgages (led by Daniel Burton) valued at over £6 million.

In 2026, Harmish was seconded to Peters & Peters Solicitors LLP. There he assisted with cross-border Commercial Court proceedings, applications for Norwich Pharmacal and Bankers Trust relief and advice on securities contracts.

Prior to pupillage, Harmish was Judicial Assistant in the Court of Appeal to the Rt. Hon. Sir Brian Leveson, who was President of the Queen’s Bench Division at the time. Harmish also taught law at the University of Cambridge for three years.

For the two years preceding pupillage, Harmish worked for James Ramsden KC as a Senior Legal Assistant at Astraea Group, a boutique commercial litigation firm. There he assisted with commercial, commercial chancery, arbitration, civil fraud, financial regulatory and cryptoasset-related work.

COMMERCIAL

Harmish’s commercial experience spans civil fraud, banking and financial services, arbitration, contracts of guarantee, sale of goods, economic sanctions and professional negligence claims against accountants, solicitors and financial advisers. His experience of arbitration includes anti-suit injunctions, interlocutory relief, and award enforcement.

Harmish also draws on extensive exposure gained from commercial specialist supervisors during pupillage (Stuart Benzie, Alexander Kingston-Splatt and Zachary Kell).

Harmish’s experience includes the following:

UNCITRAL Arbitration [ongoing]: acting (led by Stuart Benzie) for an investor in an arbitration concerning impugned debt-to-equity conversions. Instructed by Laytons ETL.
Dispute regarding shared appreciation mortgages [ongoing]: acting (led by Daniel Burton) in a proposed group claim regarding shared appreciation mortgages valued at over £6 million. Instructed by Ellis Jones.
Appeal regarding enforcement of foreign judgments [2026] (Court of Appeal): successfully obtaining permission to appeal (led by Shantanu Majumdar KC and Zachary Kell) against London Circuit Commercial Court ruling. Instructed by Ackroyd Legal.
Dispute regarding shared appreciation mortgages [2026]: acting in a group claim regarding shared appreciation mortgages. Instructed by Ellis Jones.
Dispute regarding fraud [2026] (High Court, BPD): acting (led by senior junior and junior counsel) for a claimant in proposed multi-million pound civil fraud proceedings and seeking interim relief in support of the proposed proceedings.
Claim regarding alleged fraud [2025] (High Court, BPD): acting (led by senior and junior counsel) for the defendant in civil fraud proceedings allegedly valued at more than £300 million.
Arif v Sanger [2025] EWHC 1540 (KB): acting (led by Zachary Kell) for the claimant in a five-day preliminary issue trial concerning a limitation defence pleaded against a fraud claim.
Dispute regarding broker-dealer services [2025]: acting for the customer of a broker-dealer in a dispute concerning adequacy of trade execution services. Instructed by Astraea Group.
Appeal regarding facility agreement [2025] (High Court, ChD): assisting Zachary Kell with an appeal concerning the basis of unpaid fees under a facility agreement.
Advice regarding commercial agent’s referral fees [2025]: advising a commercial agent on entitlement to referral fees at common law and under the Commercial Agents (Council Directive) Regulations 1993. Instructed by Knights.
Claim regarding commission entitlement [2025]: acting for a principal contracting business against an agent claiming entitlement to commission under an alleged oral agreement. Instructed by Mishcon de Reya.
Advice regarding equity release mortgages [2024]: advising (led by Daniel Burton) solicitors in relation to the scope of historic mortgage regulation regimes and proposed claims against lenders regarding equity release mortgages.
Application for interim relief [2024] (High Court, London Circuit Commercial Court (KBD), B&PC) (as a pupil): assisting Alexander Kingston-Splatt (led by Simon Mills) with an urgent application for Norwich Pharmacal, non-disclosure and anonymity orders to support investigations into suspected fraud in a commercial arrangement.
Various SAM Borrowers v BOS (Shared Appreciation Mortgages) No.1 Plc [2024] (as a pupil): assisting Daniel Burton (led by Robert-Jan Temmink KC) with a group claim against a lender in respect of shared appreciation mortgages. See [2022] EWHC 2594 (Ch) for background information.

Harmish also draws on his experience of working for James Ramsden KC as a Senior Legal Assistant at Astraea Group, a boutique commercial litigation firm:

Stati v Kazakhstan: assisting James Ramsden KC, external counsel and various fee-earners in a multi-jurisdictional action, in which the firm acted as Global Counsel for the Stati Parties, to enforce a $500 million arbitration award against the Republic of Kazakhstan.
Tulip Trading Ltd v van der Laan: assisting James Ramsden KC in resisting a claim alleging that Bitcoin software developers owed fiduciary duties and duties in tort to apply a code to reverse the alleged theft of Bitcoin worth $4.5 billion. Harmish assisted with the jurisdictional challenge, which gave rise to hearings before the Court of Appeal ([2023] EWCA Civ 83, Birss LJ, with whom Lewison and Popplewell LJJ agreed) and High Court ([2022] EWHC 667 (Ch) and [2022] EWHC 2251 (Ch), Falk J, as she then was) and contested applications for security for costs ([2022] EWHC 2 (Ch) and [2022] EWHC 141 (Ch), Master Clark).
Wright v BTC Core: assisting James Ramsden KC and external counsel in resisting a claim to ownership of alleged database rights in Bitcoin blockchain databases (see description in [2023] EWHC 1893 (Ch) at [14]).
Enforcement of an arbitral award: assisting James Ramsden KC in a cross-border shipping dispute in Singapore concerning enforcement of an arbitration award.
Advice on proposed arbitration proceedings: assisting fee-earners on potential arbitration proceedings in a software dispute worth $2 million.
Advice relating to economic sanctions: assisting James Ramsden KC, external counsel and fee-earners with advice in various matters relating to economic sanctions.
Claim under section 423 of the Insolvency Act 1986: assisting James Ramsden KC, external counsel and fee-earners with a cross-border civil fraud claim worth more than $50 million.

INSOLVENCY & COMPANIES

Harmish’s experience in this area spans unfair prejudice proceedings, non-contentious company law advice, bankruptcy, winding up, appointment of administrators, voluntary arrangements, special administration (under the Payment and Electronic Money Institution Insolvency Regulations 2021), claims against directors and ancillary relief. He has extensive experience of working as part of a counsel team for an office-holder, building a strategy for the bringing in of company assets, advising on interlocking matters as the office-holder’s investigations develop, and litigating claims and related interim applications on the office-holder’s behalf. Harmish also assisted with various insolvency matters during his pupillage seats with Stuart Benzie, Alexander Kingston-Splatt and Zachary Kell.

Harmish’s experience includes the following:

Unfair prejudice petition [ongoing] (High Court, BPD): acting (led by Christopher Boardman KC) for the petitioner in an unfair prejudice petition, having assisted with preparation for the six-day liability trial and prior interim applications. A 4-day remedies trial is listed for March 2027. Instructed by Thompson Smith and Puxon.
Applications under sections 112, 238 and 423 of the Insolvency Act 1986 [ongoing] (High Court, BPD): acting (led by Tina Kyriakides) for a liquidator seeking an interim sale order and Berkeley Applegate relief, and subsequently acting as sole counsel in an application for a declaration as to the ownership of goods and relief under sections 238 and 423 of the Insolvency Act 1986. A two-day trial is listed for February 2026.
Administration application [2026] (High Court, BPD): assisting Kate Rogers and Piers Digby with expedition sought in an administration application. Instructed by Cromwell & Moring LLP.
Application under section 236 of the Insolvency Act 1986 [2026] (High Court, BPD): acting (led by senior junior counsel) for a liquidator in an urgent application for an order requiring a third party to provide an account of dealings with the company and produce records in their possession.
Dispute regarding director’s duties [2026] (High Court, BPD): acting (led by senior junior counsel) for a liquidator in respect of various proposed claims for breaches of director’s duties.
Appeal against winding up order [2025] (High Court, BPD): assisting Zachary Kell with an appeal against a winding up order presented on the basis of unpaid fees under a facility agreement.
Application in special administration [2025] (High Court, BPD): acting for proposed representative respondents in an application for directions in a special administration under the Payment and Electronic Money Institution Insolvency Regulations 2021. Instructed by DLA Piper.
Advice regarding liquidation procedure [2025]: advising a commercial entity on the procedure of creditor’s voluntary liquidation to assist with the entity’s efforts to enforce a foreign arbitral award worth more than €500 million. Instructed by Greenwoods.
Application under section 216(3) of the Insolvency Act 1986 [2025] (High Court, BPD): acting for an applicant seeking leave to be a director and otherwise concerned in a company known by a prohibited name. Instructed by Keystone Law.
Unfair prejudice petition [2025] (High Court, BPD): acting for the respondents in an unfair prejudice petition. Instructed by Ellisons.
Unfair prejudice petition [2024] (High Court, BPD) (as a pupil): assisting Alexander Kingston-Splatt with drafting an unfair prejudice petition.
Advice regarding share buyback agreement [2024] (as a pupil): assisting Alexander Kingston-Splatt with advice on a void share buyback agreement and options to remedy the impact of its voidness on subsequent resolutions.

PRIVATE CLIENT AND TAX

Harmish’s experience includes claims by and against personal representatives, applications to remove trustees, applications under the Trusts of Land and Appointment of Trustees Act 1996, claims relating to testamentary capacity and professional negligence claims in the private client against solicitors and financial advisers. During his pupillage seat with Daniel Burton, Harmish gained exposure to the full range of typical private client work, including claims under the Inheritance (Provision for Family and Dependents) Act 1975, “disappointed beneficiary” claims, rectification and variation of wills, deathbed gifts (donation mortis causa) and proprietary estoppel claims. Harmish is also developing expertise in private client tax matters (on which more below).

Harmish’s experience includes the following:

Advice regarding potential professional negligence claims [2026]: advising an executor regarding potential professional negligence claims against solicitors and financial advisers in relation to late applications for death benefits and failures to make payments on account of IHT. Instructed by Hegarty.
Advice regarding potential claims against estate and stolen assets [2026]: advising executors on potential claims against the estate in respect of a company of which the deceased was a director, and tax implications of the theft of assets from the estate.
Claim under Trusts of Land and Appointment of Trustees Act 1996 [2026]: acting for executors seeking an order for sale pursuant to an agreement settling claims by the estate. Instructed by Greene & Greene.
Claim for executor removal [2025] (High Court, BPD): acting for beneficiaries seeking removal of executors.
Advice regarding insolvent estate [2025]: advising on the remedies available to a creditor of an insolvent death estate.
Advice regarding probate and proposed distribution [2024]: advising beneficiaries on formal validity of a will and a contemplated challenge to a grant of probate and the proposed distribution of an estate.
Claim against executors [2024]: acting for executors in a claim alleging breach of duty. Instructed by Greene & Greene.
Hirachand v Hirachand [2024] UKSC 43 (as a pupil): assisting Sophia Rogers (led by Constance McDonnell KC and Christopher Wagstaffe KC) with the appeal to the Supreme Court regarding whether a success fee under a conditional fee agreement is a debt the satisfaction of which may constitute a “financial need” for which the court may make provision in an award under the Inheritance (Provision for Family and Dependants) Act 1975.
Lane v Lane [2024] EWHC 275 (Ch) (as a pupil): assisting Daniel Burton with the trial of a claim for will construction and removal of an executor, addressing for the first time whether a testamentary gift of a “share and interest” in a partnership adeemed on the basis that, at the time of death, the partnership had been dissolved but not yet wound up. Harmish and Daniel co-authored an article for the journal Private Client Business (click to view the article) which was cited in the Law Commission’s report Modernising Wills Law (Law Com No 419).
Folds Farm Trustees Ltd v Cutts [2024] EWHC 12 (Ch) (as a pupil): assisting Daniel Burton with the trial of a claim by trustees of discretionary will trusts for approval (or “blessing”) of their decision to appoint Folds Farm, the trusts’ primary asset, to one of the beneficiaries.

Harmish is also developing expertise in private client tax matters. He draws from his grounding in other areas of tax:

Harmish is instructed in an appeal to the First-tier Tribunal (Tax Chamber) concerning the “managed service company” provisions contained in Chapter 9 of Part 2 of the Income Tax (Earnings and Pensions) Act 2003.
During pupillage, Harmish shadowed Nicholas Macklam in the appeal to the Upper Tribunal in Pitt v HMRC, which concerned the application of the follower notice regime to a tax avoidance scheme based on historic provisions relating to disposal of discounted securities ([2024] UKUT 00021 (TCC)). Harmish wrote a case note, published in the British Tax Review, about the Upper Tribunal’s judgment. Click to view the note.
Also during pupillage, Harmish shadowed Elizabeth Ovey in a matter concerning the closing of a funded unapproved retirement benefits scheme (FURBS) and inheritance, capital gains and income tax implications.

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