
Vinesh Mistry
- Called: 2017
- vineshmistry@fivepaper.com
Profile
Vinesh joined Five Paper in September 2022 and specialises in commercial litigation, property (including property damage) and landlord and tenant.
Prior to joining Chambers, Vinesh was an employed barrister at a number of multi-national law firms, most recently DAC Beachcroft in London. Vinesh has always provided traditional barrister services to both claimants and defendants; he appears before the County Court and the High Court in interlocutory and final hearings, advises in matters and settles pleadings. Before embarking on a career at the Bar, Vinesh was a County Court Advocate and worked as a paralegal for HMRC. His unusual entry to the Bar has allowed Vinesh to gain a unique insight into the lawyer-client dynamic, with this insight influencing his case strategy and approach. Vinesh enjoys a paper and court practice of equal strength and has been praised for his robust oral advocacy.
Having recently completed the London Duathlon, Vinesh enjoys cycling and running. Vinesh is also a fan of classical literature and his favourite book is the Count of Monte Cristo by Alexandre Dumas.
Expertise
Commercial
Vinesh is a specialist commercial barrister and is regularly instructed in matters beyond his Year of Call. His time as an employed barrister exposed him to a breadth of commercial matters: international arbitration (ICC and others), passing off, director’s duties and shareholder disputes (SMEs) and market loss claims. His previous employment at HMRC gave him a deep understanding of accounting, corporate structures and case investigation. The combination of Vinesh’s experiences give him a pragmatic understanding of commercial claims and the realities that surround them.
Prior to joining the Bar, Vinesh worked for a business intelligence company that operated throughout the world. This gave him a solid grounding in the culture and corporate customs of other countries. Vinesh has since developed on this. Representing foreign clients either as sole counsel or as part of a team, Vinesh has a strong grasp of international practice. He has extensively worked with clients from Asia (including the Southeast) and his cases have been administered in the ICC and AIAC arbitration centres.
Recent work includes:
- Instructed as sole counsel in a claim alleging passing off (claimed at £1.5 million);
- Settled pleadings in a breach of contract and conversion claim brought by a well-known film production company (claimed in excess of £1 million);
- Junior counsel in an ICC arbitration concerning the generation of electricity;
- Junior counsel in an ICC arbitration regarding the construction of systems in oil refineries (claim exceeding USD $1 million); and
- Settled pleadings in a claim for losses following a major food produce recall (valued over £200,000).
Property and Property Damage
A mainstay of his practice, Vinesh has extensive experience of property and property damage claims. He has been instructed by a number of major UK insurance companies to bring and defend claims involving defective workmanship / construction (including claims under the Defective Premises Act 1972), damage caused by flood, fire and impact and natural nuisances (invasive plants). Vinesh’s practice also extends to real property. He has conducted a substantial number of mortgage possession hearings and has advised on party wall matters.
Recent work includes:
- advised on the ownership of land following the collapse of a part of a building;
- settled appeal documents and other pleadings in a £2 million mortgage possession claim;
- settled pleadings in and conducted the mediation of a claim for losses caused by a substantial landslide near a railway embankment;
- conducted the mediation of a Japanese Knotweed claim;
- settled pleadings in Japanese Knotweed claims; and
- represented major UK banks / lenders in mortgage possession proceedings.
Landlord and Tenant
Vinesh is instructed in landlord and tenant matters. He has conducted a wealth of possession hearings (sections 8 and 21 notices) and has also settled pleadings in disrepair claims (including breaches of the Defective Premises Act 1972).
Further Info
Education/Qualification
- BPP University, BPTC (VC)
- University of Warwick, LL.B. Hons (2.1)
Scholarships/Prizes
- Inner Temple BPTC Exhibition Award (2016)
- Warwick Scholarship (2013)
- Warwick Scholarship (2011)
Languages
Gujarati