Kartik Sharma

Within commercial disputes, his practice is broad and covers banking and financial disputes, corporate insolvency, general commercial litigation, civil fraud, shipping, enforcement of awards/judgments, sanctions, and jurisdictional disputes. Kartik is able to represent parties in interlocutory application hearings as well as full trials. Kartikeya has a particular interest in international arbitration having trained at the International Court of Arbitration in Paris and is familiar with rules of most arbitral institutions such as the ICC, LMAA, SIAC, and UNCITRAL.

• Epic Capital v Secretary of State for Planning [2024] EWHC 17 January 2024 (unreported): Appeared, as sole counsel, for the appellant to obtain an extension for filing of an appeal notice in the High Court.
• In the Estate of XYZ, February 2024: Appeared in the High Court of London before Sir Jonathan Cohen; successfully obtained interim relief.
• Re: An Edtech company: Instructed by Gunnercooke LLP; successfully appeared for two shareholders of a company in an application hearing in English courts in a minority shareholder dispute.
• Re Bagatelle International 2021:  Participated in a minority shareholder dispute for the BVI holding company of the multi-million-pound global hospitality brand. Tasks: led client conferences with Partners, researched BVI law points on minority shareholder action, drafted an independent advisory opinion on the merits of the case, and prepared a final comprehensive letter before action to send to opposing lawyers.
• Re: A multimillion commercial litigation: Advised clients on challenging a S.236 Insolvency Act 1986 application launched by opposing solicitors (DLA Piper) of a Jersey company seeking further information from London-based directors.
• Re: A company, Bankruptcy Court, Rolls Building, February 2024: Appeared in the Bankruptcy Division of the High Court of London and obtained directions.
• Re Very Group and Telegraph Newspapers 2023: (as a part of a team), acted for Bank of Scotland (Lloyds Bank) to draft applications to appoint joint liquidators in a cross-border commercial litigation in relation to holding companies in the BVI where the UBOs of the holding companies owned Very Group and Telegraph Newspapers.
• Re Pacific Alliance Asia Opportunity Fund :(as a part of a team), instructed by Paul Hastings (as trustees in bankruptcy) to act for a hedge fund in a cross-border insolvency. This required drafting several successful applications to the BVI Court to recognize US Chapter 11 proceedings in the BVI and obtain interim relief for US trustees in the BVI by way of obtaining Norwich Pharmacal disclosure.
• Re Ablyazov/Bank of Kazakhstan NO. BVIHCM2021/0171: (in a team) Assisted Ogier in a £6bn blue-chip banking fraud spanning 12 jurisdictions such as Russia, BVI, Cyprus, Channel Islands, Antigua, Seychelles, and Switzerland. Tasks included preparing advisory opinions on corporate structuring matters in the BVI, client correspondence, liaising with litigation funders, legal analysis, drafting, and asset-tracing exercises.
• Re A major commodities group facing a multi-billion-pound restructuring 2022: Instructed by a magic circle firm. Drafted several advisory opinions on the law of corporate insolvency and restructuring in the BVI including recent case law and practice and how BVI law may affect restructuring proceedings in England.

• Re: An LCIA oil arbitration 2023: Prepared an advisory opinion on interpretation of various incoterms to determine issues of liability in a £5mn unjust enrichment claim: Zambian Law, London, LCIA arbitration.
• Re: A DIAC natural gas arbitration 2023: Advised on the merits of a potential DIAC arbitration; enforcement was a key issue as the Respondents’ assets were in India. Advised on Indian law aspects as well and advised on mechanism to enforce Dubai based DIAC arbitral award in India and obtain interim relief from Indian courts.
• Re An LMAA ship sale arbitration: Instructed by an Israeli law firm for launching arbitration proceedings against the seller of a vessel for non-performance of SALESFORM 2012 contract.
• Re An arbitration: Instructed by a US law firm to provide a legal opinion on the enforcement of an arbitral award in the BVI.
• Re an LCIA arbitration: Assisted in drafting a legal opinion to advise a Spanish company in a cargo dispute on merits of a potential arbitration where there had been a delay of more than 4 years in initiating an arbitration process under LCIA rules against a Singaporean company.
• Re a SIAC arbitration: Drafted claim submissions for an Indian coal company in a Singapore (SIAC) arbitration in a complex damaged cargo claim of $14mn against Hapag Lloyd (London seat)
• Drafted an opinion in a case involving an international sale of goods contract (CIF contract) and interpretation of ICC incoterms 2012.
• Re an ICC arbitration: Drafted an opinion in a $10mn ICC arbitration to advise a Dutch charter company on the merits of their off-hire claim where due to stevedore damage a shipping vessel was off-hire for a period of time. Parties were based in USA and Netherlands. (ICC Rules; London seat)
• Re Anti-suit injunction proceedings EWHC: Assisted Head of Chambers in an anti-suit injunction application hearing where parallel litigation proceedings had been initiated by both parties in Russia and in London, and then one of the parties sought an anti-suit injunction from the English High Court against proceedings in Russia. 
• Advised in multiple commercial arbitrations on various substantive and procedural aspects of arbitration as per LCIA, ICC, SIAC, SCC, and HKIAC rules.

• Advising an offshore entity on the merits of a potential LCIA arbitration arising out of a potential trigger event that was directly connected to The Russia (Sanctions) (EU Exit) Regulations 2019.
• Advising on whether the payment of certain funds for services in the UK would be considered a breach of UK Russia sanctions given that one of the related parties was a Designated Person.
• A consideration of  regulation 7(4) of the UK Russia sanctions given the recent decision in the English Court of Appeal in Mints v PJSC National Bank Trust [2023] EWCA Civ 1132.
• Advice on the application of EU and US Russia sanctions on the redemption of bonds and Eurobonds issue by a Russian bank in favour of a non-EU entity. Consideration of Council Regulation (EU) No. 269/2014, Article 17; Council Regulation (EU) No. 833/2014, Article 13.
• Advice on UK Russian sanctions particularly on a consideration of the control test as laid down by the English Courts in Maroil Trading Inc v Cally Shipholdings Inc [2022] EWHC 1201 Comm.

Kartik has a growing corporate practice primarily assisting GCs and law firms for various M&A and corporate law issues, as a part of a wider transaction or standalone issue, such as:

• issues between signing and completion, including material adverse event triggers;

• post-transaction representation, warranty and indemnity claims;

• shareholder disputes including unfair prejudice and derivative actions;

• disputes concerning working capital and completion statement adjustments;

• earn-out disputes and other valuation issues;

• issues arising out of re-organisations and restructurings;

• fraudulent misrepresentations and the recission of M&A transactions;

• the operation of tag, drag and pre-emption rights;

• disputes concerning limited partner interests or general partner obligations in fund structures;

• partnership and LLP disputes;

• breach of fiduciary and statutory duties by directors and officers; and

• contentious insolvency disputes. 

Kartik worked at two leading Tier 1 offshore law firms before coming to the Bar and is very familiar with offshore law and court practice. Kartik is called to the BVI Bar and has had extensive experience acting for leading US and UK law firms in the BVI in matters where the subject matter is almost always in excess of £1bn.

Kartik completed pupillage at a leading and Tier 1 shipping set in London. He has had exposure to all aspects of shipping disputes arising out of bills of lading, voyage charters and time charters both in the Commercial Court and in arbitration and is familiar with most market forms within and peripheral to the shipping industry such as SALESFORM, BIMCO, NYPE, GENCON etc. He has experience of most types of claim – including unsafe ports, unseaworthiness, deviation, off-hire disputes, bunker quality/quantity claims, early/late redelivery cases shipbuilding, ship sale and purchase, ship repair, ship management and all aspects of port operation.

Kartik has had exposure to a variety of Insurance/Reinsurance work mainly pertaining to interpretation of policies, questions concerning misrepresentation and policy coverage, fraudulent claims, notification of claims, and construction of policies. Kartik is able to assist various underwriters in analysing terms for specialist products such as Warranty & Indemnity (W&I) insurance, tax liability insurance, contingent risk insurance, and litigation buyout insurance.

Kartik frequently advises, either alone or as a part of a larger team, on a range of investment and M&A transactions. 

Among other places, Kartikeya previously taught company law at the University of Cambridge, and has also contributed on various commercial and corporate law subjects on the Columbia Law School CLS Blog on Corporations and Capital Markets and the Oxford Business Law Blog.

Before commencing legal practice, Kartikeya supplemented his academic interest in international commercial disputes by his diverse range of work experiences particularly as a trainee at the International Court of Arbitration at the ICC in Paris, experience at DLA Piper in Dubai, the International Court of Justice at The Hague, and as a legal consultant to the United Nations Food and Agricultural Organization.

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, Kartik Sharma, 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: kartik.sharma@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/