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Arbitrators

Birju Kotecha

Birju Kotecha

Position

Employment
Birju has been instructed in the Employment Tribunal in both preliminary hearings and multi-day final hearings. He has recently completed an 8-day hearing defending a complex protected disclosure/whistleblowing claim. He is available for instructions in any aspect of employment law with his experience including:

  • Unfair Dismissal
  • Discrimination under the Equality Act 2010
  • Failure to Make Reasonable Adjustments
  • Harassment
  • Unauthorised Deduction of Wages and Estoppel
  • Protected Disclosures/Whistleblowing

Following a recent hearing, the lay client fed back: ‘We felt exceptionally well represented by Birju during our Employment Tribunal. With good humour throughout, Birju demonstrated a quite remarkable recall of all elements of the case, offering up sound advice and making a stressful process straightforward and even enjoyable!' 

An instructing solicitor offered the following feedback from another recent hearing: ‘We instructed Birju for a hearing in the Employment Tribunal. Whilst his advice was exceptional, his advocacy at the hearing was particularly outstanding…The outcome could not have been better.’
Business & Property
Birju has a blend of experience in business and property matters including insolvency such as setting aside statutory demands and public examinations. Recently, he has advised directors in respect of directors’ disqualification orders under the 1986 Act and partners in claims arising from dissolution under the Partnership Act 1980. He has also advised clients facing contractual disputes concerning breach of warranties and liabilities under guarantees and indemnities.

Birju has been instructed in ToLATA claims including proprietary estoppel and rectification of trust. He has advised homeowners in respect of building schemes and the freehold purchase of a house or flat i.e. leasehold enfranchisement. He is currently instructed in two long-standing matters involving relief from forfeiture of both residential and commercial premises. A solicitor in a current case commented: ‘We instructed Birju on behalf of a lender client in respect of a relief from forfeiture application. His attention to detail is second to none and he goes the extra mile in not only advice but communicating with the client.’

Birju has expertise and is available for instructions in any area including:

  • Contractual Disputes
  • Directors’ Duties(including Disqualification Orders)
  • Partnership Claims
  • Shareholder Disputes
  • Real Property
  • ToLATA
  • Wills and Contentious Probate (including Inheritance Act 1975 claims)
  • Commercial & Residential Landlord & Tenant (including Forfeiture and Enfranchisement)
  • Insolvency(Corporate and Personal)
  • Professional Negligence

Housing
Birju has a range of experience of possession claims and disrepair counterclaims. He has acted for and advised private landlords, local authorities and tenants including in reviews and appeals under s202 and s204 of the Housing Act 1996. He is well-versed in Equality Act 2010 defences such as disability discrimination. He receives instructions in all areas of housing law including:

  • Allocation hearings
  • Interim applications
  • Possession and Housing Disrepair Trials
  • Anti-Social Behaviour
  • Injunctions
  • Homelessness Reviews and Appeals
  • Judicial Review
  • Closure Orders

Education
Until recently, Birju was a Governor at a High School in North Tyneside and sat on admission appeals for Newcastle City Council. Building on his background in education, Birju has acted for Schools and Trusts in both the County Court and First Tier (SEND) Tribunal defending disability discrimination claims and for Local Authorities in the Magistrates Court in school non-attendance proceedings.

An instructing solicitor offered the following feedback after Birju successfully defended a discrimination claim: ‘Birju has a calm, measured approach and was well received by our client who was put at ease. He went above and beyond, looked at the bigger picture and was able to give pragmatic solutions which will help to avoid disputes in future. I would not hesitate to call on him again’.

Birju is an accredited mediator registered with the Civil Mediation Council. He speaks fluent Gujarati and can offer a culturally sensitive approach when required.
Professional Discipline & Regulatory
Birju has a particular interest in professional discipline and regulation across a range of professions. He is open to instructions from regulators or those professionals facing regulatory proceedings. He has previously acted as an external examiner in Ethics for the Bar Standards Board. He sits as a Panel Chair for the Nursing and Midwifery Council and as a Lay Member for the Medical Practitioners Tribunal Service.

A recent client commented: 'I would like to express my sincere gratitude for the support and guidance provided throughout my HCPC hearing...Having the opportunity to discuss my case with someone as knowledgeable as Birju, gave me a sense of clarity and confidence, knowing that I was fully prepared for each stage. The consistent communication and availability to answer questions or provide advice made a huge difference. The final hearing was particularly intense, but the support provided during this time was invaluable. I am extremely grateful for his dedication to helping me navigate this challenging process.'
EDUCATION

  • Bar Professional Training Course (Outstanding) - University of Northumbria (2021)
  • Doctor of Philosophy in Law (No Corrections) - University of Northumbria (2019)
  • Master of Arts in Political Science (Merit) - University of Manchester (2011)
  • Bachelor of Laws (Hons) (First Class) - Newcastle University (2006)

MEMBERSHIPS

  • The Honourable Society of the Middle Temple
  • Association of Regulatory and Disciplinary Lawyers
  • Civil Mediation Council
  • The Society of Legal Scholars

APPOINTMENTS

  • Panel Chair of the Nursing and Midwifery Council Fitness to Practise Committee (2022-Present)
  • Lay Tribunal Member of the Medical Practitioners Tribunal Service (2023-Present)

SCHOLARSHIPS

  • Sir Joseph Cantley Memorial Scholarship (Middle Temple)

ADDITIONAL INFORMATION
Birju arrived at the Bar after a career in academia and remains an Assistant Professor in Law at the University of Northumbria. Further information can be found here. During his academic career he presented research at conferences in both Europe and the USA and was both the Law School’s Bar admissions tutor and chaired the Bar Scholarship Committee. Outside of work, Birju most enjoys time with family which, since 2021, includes the addition of a young daughter. When not entertaining her, he enjoys long walks with his springer spaniel and watching cricket. In the future he would like to recommence scuba diving, having earlier completed twenty dives.

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