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Gaurav Sachanandani

Gaurav is a second-six pupil developing a Tax specialist practice.

Gaurav read law at the age of seventeen as a Vice Chancellor International Scholar at Cardiff University. He graduated with a First Class Degree, with notable performance in Equity and Trusts law. While undertaking the Bar Course at the Inns of Court College of Advocacy, Gaurav was engaged in high-level Tax disputes assisting a leading KC at the Tax Bar and Julian Hickey as their Research Assistant.

Tax

 

Gaurav Sachanandaniunshakin

During his pupillage, Gaurav has undertaken the following work: 

Gaurav's Experience

Called in 2024

 

Barristers in England and Wales are regulated by the Bar Standards Board

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Tax Advisory
  • Drafted an opinion on the characterization of payments to a director in a complex company structure in the IT sector.
  • Drafted an opinion on professional negligence of a senior solicitor regarding advice given on pension schemes and debt financing arrangements.
  • Drafted an opinion on professional negligence of a senior solicitor regarding advice on pension schemes and in specie contributions.
  • Drafted an opinion on the tax residence of individuals leaving the UK and the taxability of Share Incentive Plans.
  • Assisted in drafting an opinion on VAT assessments raised by HMRC on the provision of books.
Tax Litigation
  • Drafted a skeleton argument for a stay application in the ICC, for a s85 FA 2022 direction by HMRC to wind up a company.
  • Drafted a skeleton for VAT assessments raised by HMRC.
  • Drafted a skeleton on assessments raised under the Transfer of Assets Abroad rule and the application of the EU ‘free movement of capital’ principle.
  • Drafted a skeleton for permission to amend the grounds of appeal in the FTT (see: Hannah v Revenue and Customs Commissioners [2024] UKFTT 1116 (TC)).
  • Drafted a skeleton for a hearing involving a Scheme Reference Number allocated by HMRC under the DOTAS legislation.
Miscellaneous
  • Conducted in-depth research on the scope of EU law and its limitations on UK tax anti-avoidance provisions, particularly in relation to the free movement of capital and the compatibility of UK legislation with EU principles.
  • Researched the jurisdiction of the Insolvency and Companies Court (ICC) in contested stay applications, focusing on the interplay between insolvency law and tax disputes.
  • Researched the availability and implications of alternative remedies in judicial review cases, particularly regarding HMRC decisions and taxpayer challenges in the ICC, FTT, and Administrative Court.
  • Investigated the legal requirements for companies to lend to employees without a lending license, including regulatory compliance and tax implications.
  • Analysed the tax treatment of charitable trust deeds.
  • Conducted research on the application of s127 of the Insolvency Act 1986, focusing on the validity of dispositions and the protection of creditors’ interests.
  • Conducted research to assist in a company’s flotation on the New York Stock Exchange.
  • Attended meetings with HMRC on VAT assessments.
Publications

‘The proliferation of international courts and tribunals, and its impact on the cohesion of international law’, Publication – 1772, WHITE BLACK LEGAL LAW JOURNAL ISSN: 2581-8503, June 2023

The overcomplication of the ‘communication to public’ right in Copyright Law’, Gray’s Inn Student Law Journal, VOLUME XVI, November 2024

‘Taxing the untaxable: S Mathur v HMRC and the tax status of post-employment settlements’, Gray’s Inn Student Law Journal, VOLUME XVI, November 2024

Languages
  • English

  • Hindi

  • Sindhi

  • Marathi

Qualifications
  • LLB – Cardiff University – First Class honours
  • PGDip in Bar Practice – Merit – Inns of Court College of Advocacy
  • PGDip in Bar Practice - Inns of Court College of Advocacy - Merit 

Awards
  • Cardiff University Vice Chancellor International Scholar 2020
  • State Governors Award 2017
Privacy Policy

1. This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).
2. The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.
3.  I, Gaurav Sachanandani, have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.
4.  It is necessary for me to process your personal data in order for me to provide you with legal services, for example:

  • Advise on the prospects of litigation;
  • Advise on the value of your claim;
  • Representation at a court hearing;
  • Representation at trial;
  • Advise, review or comment on legal issues or evidence.

5. Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.

6.The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.

7. If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.

8. If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.

Recipients of your data

9.  I may also be required to share your data with others, depending on the nature of your case. This may include:

(i)  Courts and other tribunals to whom documents are presented;

(ii) Your solicitors, or agent representing you, through whom I have been instructed;

(iii) Potential witnesses, experts and other persons involved in the case;

(iv) Solicitors, barristers, or other legal representatives;

(v) Ombudsman and regulatory authorities;

(vi) Education and examining bodies; and

(vii) Current, past or prospective employers.

Special Categories of Data

10.  In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.

11. This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.

Retention

12. I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.

13. How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.

14. Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:

(i) The legal and professional obligation to retain information relating to my cases;

(ii) To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;

(iii) For use in the defence of potential complaints, legal proceedings or fee disputes;

(iv) To refer back to in future cases which raise similar legal, factual, or procedural issues.

15. The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.

16. The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation. 

Your Rights

17. Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

18. Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.

19. You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.

20. You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.

21. You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests. 

22. Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object. 

23. You have the right to request that your personal data is erased where any of the following apply:

(i) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(ii) You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;

(iii) Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;

(iv) The personal data has been unlawfully processed; or

(v) The personal data have to be erased to comply with a legal obligation.

24. You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).

25. Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort. 

Security

26. I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. 

Complaints or Queries

27. If you have any questions regarding this privacy notice, or how I use your personal data please email me: mailto: gaurav.sachanandani@tbgbarrister.co.uk, or my clerks: clerking@thebarristergroup.co.uk telephone 01823 247 247.

28. I shall aim to respond as soon as possible, and within 30 days.

29. You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/

Latest articles from Gaurav

The Overcomplication of the 'Communication to Public' Right in Copyright Law

Kitchen J describes the emergence of the current ‘communication to public’ right in Copyright Designs and Patents Act (CDPA),[1] as ‘an effective transposition of Art 3 (1) of the ...
Gaurav Sachanandani
Gaurav Sachanandani

Taxing the Untaxable: S Mathur v HMRC and the Tax Status of Postemployment Settlements

The case of S Mathur v HMRC [2022][1] demonstrates HMRC’s aggressive predilection to tax the seemingly untaxable. Ms. Mathur worked at a bank and her employment was terminated for ...
Gaurav Sachanandani
Gaurav Sachanandani

 

 

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