Mohindra Maini Partner, Anis Waiz Head of the Litigation Department and specialist in dealing with substantial defended mortgage possession work, claims against professionals and claims arising from mortgage frauds, considers a recent important case on Solicitor’s liability.

The case concerned monies which a lender claimed and had been wrongly paid away to the borrower by its Solicitor. The case highlights the issue of damages and remedies sought.

Please click below to view the case.

AIB Group (UK) Plc v Mark Redler & Co (A Firm) [2012] EWHC 35 (Ch) (23 January 2012)

“The decision of the Supreme Court of India in the “Vodafone” case is excellent news for businesses investing in India” says Sunil Mohindra, Senior Partner with Mohindra Maini Solicitors.

The case arose as a result of the purchase by Vodafone of an Indian Telecommunications business owned through a number of subsidiaries by a company based in the Cayman Islands. Vodafone was also based outside India and acquired the entire shareholding of the Cayman Islands company. The issue in the case was whether or not the Indian Revenue could seek to levy Capital Gains Tax amounting to USD 2 billion arising from the sale of the shares. In its judgment the Supreme Court considered the manner in which many deals involving investment in India are structured (the majority of which take advantage of the India/Mauritius Tax Treaty) and approved such tax structures which seek to provide tax efficient exit routes for overseas businesses investing into India.

“The decision will create a more investor friendly view of India and bring confidence to foreign investors that the Indian judicial system is impartial allowing businesses to prosper. It is anticipated that many cross-border and foreign investment deals, which were awaiting the outcome of the Court case, will now be concluded” adds Sunil Mohindra.

For further information please contact Sunil Mohindra on 0161 236 9833.

Sunil Mohindra

Mohindra Maini Founding Partner, Sunil Mohindra has been elected to the Board of Trustees of one of the world’s leading entrepreneur organisations, TiE. Sunil was President of TiE Manchester from 2008. His work at his law practice at Mohindra Maini includes advising clients on inward investment into the UK and outward investment from the UK, in particular to India. Sunil says:“As India continues to expand its industrial and commercial bases, and in the process is developing its infrastructure, it is becoming an increasingly important market place. My new role, which encompasses TiE Chapters in 57 countries, gives me the platform to develop business opportunities through the TiE global network of 2,700 business leaders. Charter members offer their services to grow and develop businesses along the TiE principles and guidelines. My practice will benefit from working with such world class leaders”.

Sunil’s new appointment with the TiE Global Board will also involve him working closely with TiE’s expansion into Europe, having already opened chapters in Brussels, Stockholm and Frankfurt. At the heart of TiE’s excellent work are established entrepreneurs, mentoring young aspiring businessmen and women who have a passion for starting their own enterprise. In Manchester, TiE has been doing this for the last 6 years and for the past 3 years has won Global Awards including two Global Mentoring Awards.

For further information please contact Ann Jordan on 07710 500802.