Gurprit Mattu

Overview

Gurprit has expertise in most areas of financial services law, including dispute resolution, regulation and litigation. She has experience in company, insolvency, and public law, confiscation, asset recovery, and corporate fraud. She has extensive advocacy experience as she has both prosecuted and defended regulatory and fraud matters. Gurprit has undertaken secondments to HSBC Global Banking and Markets, and the Financial Conduct Authority (FCA) former FSA. She accepts public access instructions from individuals and companies.

Core Practice Areas

Banking & Financial Services
Gurprit has expertise in most aspects of financial services law. She has gained in-depth knowledge of the FCA Handbook, the provisions of the Financial Services and Markets Act 2000 (FSMA), financial services law and regulation, market abuse, and money laundering regulations.

She assisted the FCA team, in the preparation of the first litigated landbanking trial, heard in the High Court Chancery Division; it was alleged that the defendants breached FSMA 2000 regulations in operating an unauthorised collective investment scheme, FSA v Asset Land & Others (2012). The FCA then went on to successfully resist the defence appeal, and won at the Supreme Court, FCA v Asset Land [2016] UKSC 17. This case is now the leading authority on the meaning of a collective investment scheme, under s.235 FSMA.

On the advisory side, Gurprit is able to provide advice to both banks and individuals (including companies) grappling with financial regulatory rules and regulations. She fully understands the challenges placed on financial institutions internationally, and on corporates and individuals in relation to Compliance Governance & Risk issues. Gurprit was a part of the FCA’s specialist wholesale team, that investigated LIBOR/ EURIBOR and TIBOR manipulation by individuals at Investment banks. She is able to provide appropriate and timely advice to those facing investigation by government agencies.

She acts for and against financial institutions, and corporates in disputes involving banking and financial transactions, with a particular focus on mis-selling of retail and investment products. She successfully assisted a client in obtaining financial redress for a mis-sold derivative against a bank. She has acted for HSBC, specifically to assess consequential loss claims as part of the FCA led review into mis-selling of derivatives by banks, and therefore has extensive expertise in this field.

 

Company Law, Insolvency and Corporate Fraud
Gurprit has a broad commercial practice: she has advised in insolvency cases involving liquidators, matters involving freezing injunctions, taxation issues and trust disputes. She has an interest in company and partnership law, for example: advising on shareholder and management disputes. She regularly reviews and drafts, contracts and compliance procedures. She has experience of insurance and investment contracts, contractual disputes, retail redress, thematic and skilled person reviews. She has also worked as a legal assistant on the Isle of Man on commercial private client matters.

In a non-contentious capacity, Gurprit provides advice to young start-up companies, who require an all-encompassing view of potential legal challenges, and help setting up their businesses.

Gurprit has gained experience of preparing lengthy and complex fraud cases; covering anti money laundering regulations, restraint orders, confiscation, civil fraud, conspiracy to defraud, fraudulent accounting and pharmaceutical licensing. She has honed her advocacy skills acting in several fraud cases, for example she was instructed as junior counsel in a multi-million-pound phoenix fraud; R v Mark Nelson (2011). She was also part of the team preparing a defence for a CEO operating an unregulated bank, R v Nalborough (2011). She takes instructions from both companies and individuals charged with corporate fraud matters. At the High Court she successfully represented a third party interest in the case of Sharma (2012) EWCA Crim 677, a leading domestic authority on confiscation. Whilst in Hong Kong she also assisted on corporate fraud cases.

 

Public Law
In July 2017 Gurprit acted as junior counsel in R (on the application of Durand Academy Trust) v OFSTED and the Secretary of State (2017) EWHC 2097 (Admin), an important Judicial Review case; successfully challenging Ofsted’s decision to place a school in special measures. The court ruled that the regulator’s appeal process was not fair or rational for a substantive challenge to be made to an Ofsted Report. An appeal is outstanding. She continues to act for the school in matters against the Education & Skills Funding Agency.

She has carried out a number of Disclosure, Legal Professional Privilege and Independent Counsel Reviews, for Treasury Solicitors as a Junior Junior, and local authorities. She has also gained significant experience in drafting grounds of appeal in judicial review proceedings.

Prior to being called to the Bar, Gurprit spent five years working for the Home Office as a Presenting Officer. She has a wealth of experience in public law, in particular judicial review and presenting at the
Immigration and Asylum Tribunal.

 

Regulatory Law
Gurprit regularly takes instructions in regulatory cases, in a diverse range of areas; including education, health and safety, licensing, breach of abatement notices, animal cruelty, food hygiene regulations (both in respect of declaratory relief on a civil complaint and criminal breaches).

She has provided pre-prosecution advice, drafted charges and attended court for local authorities. She successfully prosecuted a company for counterfeit Proctor & Gamble goods, R v Red and Blue Trading (2014) for which she also settled a confiscation order. In particular, she has extensive financial regulation experience and is familiar with the investigation and disciplinary process to the Regulatory Decisions Committee and Upper Tribunal.

On 15 November 2017, Gurprit will be discussing challenges to Ofsted for the Education Law Association.

 

Dispute Resolution
Gurprit is experienced in Early Neutral Evaluation. She has acted in a dispute resolution capacity on several cases between banks and its customers. In particular her work at HSBC has been to ensure claims made under the FCA led Review are approached independently and fairly. She has dealt with numerous cases; from straight forward claims to highly complex cases, including novation products.

She has also spent some time with the Hong Kong International Arbitration Centre, gaining first-hand experience of the workings of International Arbitration.

Memberships

  • Lincoln’s Inn
  • Young International Council for Commercial Arbitration
  • Financial Services Lawyers Association
  • Surrey & South London Bar Mess

Education and qualifications

2000 – LLB – Aberystwyth, University of Wales
2007 – BVC – Manchester Metropolitan University
2010 – MA – Criminal Justice System (specialism Restraint Orders) – Kings College London
2016 – International Diploma in Governance, Risk & Compliance – ICT & Manchester Business School

Prizes and Scholarships

  • Pegusus Scholar (commercial placement in Hong Kong)
  • Peter Millett Award, Lincoln’s Inn