AREAS OF PRACTICE
Practice Summary and Cases
Tahir brings his unique commercial acumen and life experience to his cases at the Bar. Instructing Solicitors describe Tahir as “an excellent lawyer”, commend his “great written work” and describe him as a “distinct leader”. Clients say Tahir provides a “first class service”, is an “excellent communicator” and a brilliant “strategist” and “miss working [with him] to strategically solve issues”.
As a passionate lawyer Tahir covers cases within the energy sector. He has an interest in climate change laws and transport related air pollution. From an early stage Tahir advises on international collaborations and joint venture projects on power generation, energy and fuel efficiency.
Tahir also acts in EU and public international law matters, in which he was recently led in a landmark case in the Court of Appeal. Tahir presently advises in environmental law on EU ETS, carbon emissions, transport emissions and air pollution. Tahir’s current investment banking work includes the creation of a transport infrastructure Green Bond. Other areas are breach of contract disputes, construction disputes, conversion, EU and public international law, professional negligence, restrictive covenants (Intellectual Property and land), vicarious liability, restitution and shareholders’ rights.
The prevention of contractual disputes and contentious chancery commercial litigation and dispute resolution is also at the heart of Tahir’s practice. His banking work includes compliance, corporate governance and Islamic Finance and he acts for CEOs and CFOs, board of directors as well as office-holders. Unlike most barristers Tahir as a barrister, also trained and worked as a Solicitor-Advocate. He continues to enjoy a great deal of client contact at an early stage. Accordingly, Tahir’s first-hand experience makes him appreciate the needs of clients and the challenges faced by busy commercial solicitors. Tahir works well therefore with solicitors and businesses and as part of a team.
Before joining 4-5 Gray’s Inn Square Tahir honed his unique insight into insolvency law at The Insolvency Service and commercial litigation in private practice and chambers. He also worked as General Counsel Commercial in a company with responsibility for the establishment and development of its entire legal function. Tahir has since then established commercial barristers chambers 5 Chancery Lane.
Tahir advises International collaborations and joint ventures for the development of automotive, rail and maritime industry equipment; original equipment manufacturer OEM licensing and distributorship; negotiations at board level concerning emission reduction and fuel efficiency joint ventures; Oil, gas and energy exploration, waste to energy projects as well as solar energy. Tahir continues to advise on sustainable transport infrastructure and energy projects.
Advised on the £50m acquisition of luxury hotels brand; High net worth clients and Independent Financial Advisors on arbitration and on appeals against arbitration awards; Multi-partner SME in respect of LLP and partnership agreements under the Arbitration Act 1996; Disclosure rules of the London Court of International Arbitration (LCIA); Entitlement to commence proceedings in the High Court under Arbitration Agreements and Memoranda of Understandings; Applicability of liquidated damages in alleged wrongful termination of construction contracts; Arbitration under JCT contracts; JCT construction claim on behalf of developers; Wrongful termination of JCT contracts; Construction project of charity £2.3m.
Tahir has also advised on aviation services company terms and conditions of supply; Exercise of lien including a lien on 3rd party private jet. He has also advised on conversion and other aspects of tort concerning the vicarious liability of a principal for the acts of its agents.
Tahir’s environmental law practice has a unique focus on air pollution and climate change matters. In particular Tahir’s practice includes environmental climate change law which also crosses over to Public International Law. This includes the application and interpretation of the United Nations Framework Convention on Climate Change (UNFCCC) which provides for internationally binding emission reduction targets on State Parties to reduce greenhouse gases, in particular CO2 emissions.
In light of the recent VW emissions scandal, this has seen a sharp focus on fossil fuel emissions and air pollution. Tahir’s practice consists of advice on the exploration procurement evaluation and establishment of transport emission reduction and energy as well as climate change related projects and collaborations. These include joint ventures within the fields of power and energy generation, energy and fuel efficiency.
In addition to advice and representation on the judicial review aspects of planning Tahir has advised and represented on planning appeals in respect of commercial property and advised on planning aspects of industrial property as well as on planning enforcement notices. Tahir has also advises on rural / agricultural land as well as. Tahir has also advised and negotiated on compulsory purchase matters.
EU Public International Law
Tahir continues to act in EU and Public international law in respect of the relationship of States with one another. Instructions have included addressing the question of State immunity and diplomatic immunity in particular concerning actions of State officials. This requires and includes the interpretation and application of United Nations Convention and other treaties, international agreements and consideration of the application or indeed existence and the extent of customary international law.
In particular Tahir’s practice includes environmental climate change law, the application and interpretation of the United Nations Framework Convention on Climate Change (UNFCCC) which provides for internationally binding emission reduction targets on State Parties to reduce greenhouse gases, in particular CO2 emissions. In light of the recent VW emissions scandal, this has seen a sharp focus on fossil fuel emissions and air pollution.
Financial Regulation and Banking
Tahir’s work in Banking includes advising and/or representation on: the application of EU BRRD to investment banking transactions, in particular Sukuk financing; Green bonds; Creation of sustainable clean transport infrastructure bond for international transport infrastructure projects in developing countries; Facility and loan agreements, in particular of KfW bank; Actions against Alpha bank mis-selling / interest rate swaps Forex mortgages; Mis-sold interest rates on private and investment property; Businesses on mis-sold interest rates on commercial property; Commercial lending and facility letters. Tahir’s Islamic Finance practice covers different aspects of Sharia compliant transactions which include advice on sukuk and murabaha issuances.
As an Insolvency law man, Tahir has advised and acts in matters including statutory demands and setting aside statutory demands; Undervalue transactions; Misfeasance in public office; Intention to defraud creditors; Trustee claims; setting aside bankruptcy petitions and judgments; Creditor petitions; Winding up petitions; Applications under s366 of IA 1986 private examinations.
Tahir has also successfully advised on applications in the High Court for the use of prohibited names, Administration Orders and advised on insolvency and restructuring. Tahir was also retained as sole Counsel by a London Borough for advice on its assets following Administration Order and appointment of Administrators of a national car parking group in respect of a large multi storey West-end car park where the annual rent was just under £1m.
Intellectual Property / Information Technology
Tahir has advised and represented on licensing of OEM equipment; assignment of existing IP of fuel efficiency technologies; passing-off; Infringement of registered trademarks; Mediation and settlements; Passing-off online including Domain name disputes litigation as well as restrictive covenants. Tahir also advises on and is retained on product development and the licensing of intellectual property rights in the IT and energy sectors in the context of international trade as well as European Law.
Tahir’s property practice consists of advisory and litigation matters concerning trespass; Wrongful damage to property and demolition; Service charges; Repayment of service charges as opposed to allocation on to service charge accounts; Landlord’s use of service charge funds for development.
Tahir has also advised and/or represented clients on: Resulting and Constructive trusts; Breach of covenants; Insolvency and restructuring in a leasehold context; Obtaining Charging Orders and enforcement of judgements.
Reported / Significant Cases (including interim applications)
- Benkharbouche (Respondent) v Secretary of State for Foreign and Commonwealth Affairs (Appellant) UKSC 2015/0063 (Heard in the UK Supreme Court in June 2017) State Immunity in respect of claims by employees performing non-sovereign functions;
- Reyes (Appellant/Cross-Respondent) v Al-Malki and another (Respondent/Cross-Appellant) UKSC 2016/0023 (application for permission to intervene – 2017);
- R (on the application of Miller and another) (Respondents) v Secretary of State for Exiting the European Union (Appellant) (application for permission to intervene – 2016) Brexit – Government’s ability to invoke Article 50 using Royal Prerogative;
- Kennedy v Symons (2016 – County Court);
- Leeds Building Society v York & York – High Court Chancery Division – (2016) Interim application;
- Benkharbouche v Embassy of the Republic of Sudan (Secretary of State for Foreign and Commonwealth Affairs and others intervening) State Immunity in respect of claims by employees performing non-sovereign functions;
- Janah v Libya (Secretary of State for Foreign and Commonwealth Affairs and others intervening)  EWCA Civ 33;  Q.B. 347;  3 W.L.R. 301;  1 All E.R. 816;  2 C.M.L.R. 20;  I.C.R. 793;  I.R.L.R. 301;  H.R.L.R. 3;
- Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening)  EWCA Civ 32;  WLR (D) 75;
- Cut Above the Rest Limited & anr v Magnet & anr settled £50m claim – settled (2014);
- Green v Austin (2014 Appeal to the High Court) s339 of the Insolvency Act 1986 and its proper application within the context of a matrimonial Consent Order;
- Buck House Hotel No: 2677 of 2014 – High Court Chancery Division Companies Court;
- Harvard Investments Ltd No: 7789-2013 – High Court Chancery Division Companies Court;
- Cheval Property Development Limited (in Admin) v Sikand & Ors No: 419/SD/2013;
- Shopchat Limited No: 2215-2013 – High Court Chancery Division Companies Court;
- Bharmal v Attarian (2012 – unreported – County Court and High Court for enforcement – Commercial lease forfeiture for rent arrears; Section 146 notices;
- O’Brien & O’Brien v Clarke (2013 County Court)
- Green v Austin (2012 County court) s339 of the Insolvency Act 1986 and its proper application within the context of a matrimonial Consent Order;
- Lambeth v Barnes (2012 County Court) – Adequacy of s20 notice in respect of consultation requirements; Validity of service charge demand in light of probate administration;
- A v P (2011 County Court unreported) Adverse possession; Constructive trust;
- Gartside Bardega v Witnesham Ventures Limited – (2011 County Court) Service charges; Repayment of overpaid monies instead of credit; Use of service charge funds towards landlord’s purpose;
- Hyams v Mohammad & Others 3641 of 2009 High Court Chancery Division Companies Court;
- The Khan Partnership & Others v Mohammad, Hamoudi & Others 3641 of 2009 High Court Chancery Division Companies Court;
- Mohammed Mohammed 3641 of 2009;
- JVR Jerrom LLP No. 1551 of 2006 High Court Chancery Division Companies Court.
- Residential rent arrears, eviction and High Court enforcement (numerous);
- Mortgage possession; Charging Orders & enforcement (numerous).
“To bail-in or bail-out – That is the question Islamic Investment Banking Bonds”, Butterworths Journal of International Banking and Financial Law (2015).
“Directors’ duties with a particular focus on the Companies Act 2006″, (2012) International Journal of Law and Management, Vol. 54 Iss: 2, pp.125 – 140
Academic Background / Scholarships and Awards
- Winner – International Advisory Experts Awards 2016.
- Winner – Commercial Barrister of the Year – ACQ5 Global Awards 2016.
- Winner – Commerce and Business Barrister of the Year – Lawyer Monthly Legal Awards 2016.
- Winner – Commerce and Business Barrister of the Year – UK Finance Monthly Global Awards 2016.
- Winner – Best Commercial Barrister – UK Acquisition International Legal Awards 2015.
- Distinction in ‘Directors Duties with a Particular Focus on the Companies Act 2006’, LLM (BPP University London).
- First Class Honours in Part 3 subjects in particular, Internet Law (IP), LLB (Hons).
- TSU Scholarship, Oxford Leadership Programme, University of Oxford.
- LLM Scholarship awarded by BPP University College.
- Sir Thomas More Scholarship – Lincoln’s Inn.
- Hardwicke Entrance Awards Scholarship – Lincoln’s Inn.
- Lord Denning Society Scholar – Lincoln’s Inn.
Contact Tahir Direct – Email
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Meeting your barrister – Tahir Ashraf
In many cases, Tahir can as your barrister give advice on a case by reviewing the papers. In more complex matters and in cases going to court, clients will often have a meeting or consultation. This meeting is also known among the legal profession as a ‘conference.’
If you would like to have a conference or a quick discussion please contact Tahir to discuss your personal and or business legal needs.
If you think you might have a problem, you should contact Tahir direct. Once an arrangement is in place, Tahir can advise you either by telephone, video conferencing, by email or if the need be, in a meeting.
Members of the public can access a barrister directly if they have an enquiry or have an existing matter. Members of the public can now contact Tahir direct to discuss their matters. Please be advised that not all cases are suitable to direct public access.