Vinesh Mandalia

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Vinesh is recognised as a leading junior. His practice focuses on areas of public law, and commercial matters, with a particular emphasis upon claims and appeals in respect of VAT and Duties.
He has particular expertise in Judicial Reviews and Appellate work and has dealt with numerous landmark cases in his specialist areas, with a number of cases that have been reported concerning high profile, and complex issues of law. He often leads legal teams in complex cases before higher courts. He has appeared on behalf of HMRC in a number of high value, fact, and document heavy appeals, arising from missing trader fraud. He has established a reputation as a practitioner with a careful eye for detail.
Vinesh has been recommended, since 2011, by Legal 500 and Chambers and Partners as an expert in the field of public law.
Vinesh acts for variety of clients and routinely appears in the First-tier Tribunal, Upper Tribunal, High Court and the Court of Appeal.
Vinesh is Junior Counsel to The Crown Panel of Counsel for Government work – B Panel.
Recommendations
Ranked in Immigration Law and described as having impressive experience before the Administrative Court and the Upper Tribunal with respect to immigration law cases. He is knowledgeable across the full spectrum of immigration, including country guidance, immigration detention and claims involving extended family members. "He is a very experienced barrister. His advocacy is very effective and his paperwork is meticulous."
Chambers and Partners 2019
Ranked as a leading Junior in Public Law and described as ‘Thorough and pragmatic.’
Legal 500 2019
Ranked as a leading junior in Administrative and Public Law. "He made a complex process very straightforward and simple. He is able to grasp points at issue and deliver advice promptly. He has a broad knowledge of his topic”; "His advocacy is of the highest order”.
Chambers and Partners 2018
Notable Cases
Newcastle Upon Tyne University -v- HMRC [2017] S.T.I. 307
The appellant university appealed against decisions of HMRC concerning the VAT payable on commission payable by it to overseas agents. Commission payable by a university to overseas agents for recruiting students from outside the EU was subject to VAT under the reverse charge procedure. However, VAT was not payable in the period up to 1 January 2010, when the place-of-supply rule in Directive 2006/112 art.43 was available to the university.
HMRC -v- GB Housley Ltd [2016] EWCA Civ 1299
Where a taxpayer appealed against a flawed HMRC decision, the tribunal should have followed the approach in John Dee Ltd v Customs and Excise Commissioners [1995] S.T.C. 941, [1995] 7 WLUK 149 by allowing the appeal, quashing the assessment and leaving it to HMRC whether to issue a fresh one. It had erred in requiring the flawed assessment to be re-made.
Global Vision College Ltd -v- SSHD [2014] EWCA Civ 659
Refusals of entry clearance for overseas students who had been unable to confirm to an entry clearance officer at interview how a further education college had assessed their English language ability, were not unlawful. It was not a requirement for them to confirm such information, but a discrepancy between what was stated on the Confirmation of Acceptance for Studies issued by the college and what the applicant stated at interview undermined the veracity of the CAS such that its evidential weight was significantly reduced.
Appointments
March 2015; Deputy Judge of the Upper Tribunal (Immigration and Asylum Chamber)
Awards
1996; Birmingham Law Society, Barrister of the Year
1996; Society of Asian Lawyers, Civil and Commercial Lawyer of the Year
Memberships
Immigration Law Practitioners Association
Administrative Law Bar Association
Midlands Chancery and Commercial Bar Association
Languages
Gujerati

Latest News & Publications

Vinesh Mandalia: success in opposing Rochdale grooming case deportation challenges...

Date: Thu, 09 Aug 2018