TMC COVID-19 HUB: Legal Information and Support

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Areas of Practice:


• Arbitration
• Commercial
• Employment
• Personal Injury
• Property
• Public & Human Rights


Education:


• English and German Laws (University of Liverpool/ Muenster, First Class)
• Benefactors Scholarship, Middle Temple
• Peter Duffy Scholarship, Bar European Group
• COMBAR


Experience:


Faisal has considerable breadth of experience across several areas of practice, bringing particular depth of knowledge and expertise to bear in each. He is often instructed in the High Court and specialist tribunals. He has extensive experience of working on document heavy, long-running and complex disputes; and is often involved in cases from their inception through until trial. He has been involved in cases at appellate levels, including three appearances in the Privy Council, several appearances in the Court of Appeal and cases before the ECHR and UNHRC. His practice covers a wide breadth of work including the areas listed below.



Commercial law:
Faisal represents clients in a range of commercial disputes, including high net worth individuals, companies and charities. He has experience in ICC, LCIA and PCA arbitrations. Recently, he has acted in several cases concerning allegations of fraud and breach of fiduciary duty. He has recently appeared on television discussing these kinds of issues. He has particular expertise in injunction applications, including freezing orders. His practice covers all the key areas of general contractual litigation, joint venture, franchising, finance, agency and shareholder disputes. Company disputes he is regularly instructed in include unfair prejudice claims, and derivative claims against directors. He also has considerable experience in disputes concerning the theatre industry, particularly disputes between artists, production companies and agents.


Examples of recent cases include:


  • Advising in one of the largest ever tax fraud cases, with a value in excess of £1 billion.
  • Acting for an accountant caught up in a EUR 100 million fraud.
  • Counsel in a confidential, high value investment arbitration.
  • Advising and bringing a claim of malicious falsehood against an agent in the media industry.
  • Successfully defending a billionaire in a long-running breach of trust claim.

Faisal is willing to travel where necessary, and has recently done so to places including India, Bahrain, Afghanistan and New York.


Public and Human Rights:
His cases include several involving secret evidence before both the Administrative Court and SIAC. He has particular expertise in relation to civil liberties, and takes on some of the most difficult cases in that field. He has advised a sovereign country in respect of fundamental changes to its election laws and the law on corruption. Examples of cases in which Faisal has been instructed include:

  • Claim that assured the continuing anonymity of a high level Covert Human Intelligence Source
  • Deprivation of citizenship on the basis of secret evidence concerning an individual removed from Djibouti to the United States
  • Damages arising from deprivation of liberty and an unlawful control order.
  • Advising on the lawfulness of public agency enforcement policies applicable in the business sector.


Property and landlord & tenant law:
He has considerable experience and expertise in most areas of property and landlord & tenant litigation, including trusts, proprietary estoppel, restrictive covenants and rent reviews. In Tim Martin Interiors Ltd v Akin Gump LLP [2012] WLR 2946, concerning the liability of mortgagors in substituted claims, Lord Justice Lloyd said at [4] "the appeal was argued admirably well for the appellant by Mr Faisal Saifee" and paid "special tribute to Mr Saifee for the excellence of his clear and sustained oral submissions". 


Personal Injury:
Faisal is regularly instructed for both Claimants and Defendants. He has a wide knowledge of the leading experts in these fields. He regularly undertakes cases of catastrophic injury and fatal accidents. He is an all-round performer who excels at court work and has a mastery of difficult and involved medical evidence.


Employment:
Faisal has appeared extensively over his career in tribunals and courts on employment matters. His practice in this area includes the enforcement of confidentiality obligations, restrictive covenants. He is regularly involved in matters such as drafting contracts of employment, advising on employment status and claims arising from dismissal. Faisal often advise on pension loss claims, particularly those in the public sector.



Publications and seminars:
He has published in several law journals, including: The European Private Company (2009) 30 Company Lawyer 227; In terrorem appeals to the Crown Court [2007] Cambridge Law Journal 53; Prawo pracy Polaków zatrudnionych w Zjednoczonym Królestwie Wielkiej Brytanii, July 2006, Monitor Prawa Pracy; UK Bribery Act Update [2015] Comply (Fachmagazin for Compliance-Verantwortliche)

Faisal is a regular speaker at both in-house and external seminars.

Selected cases:
Group Seven and others v Notable and other [2019] EWCA Civ 614 (dishonest assistance in the disposal of the proceeds from a EUR 100 million fraud, with Philip Hackett QC)


AS v SSHD [2018] EWHC Admin (secret evidence, deprivation of passport, with Hugh Southey QC)


Confidential ICC dispute (2018) concerning a dispute centred in the oil and gas industry in KSA



L2 v SSHD (SIAC, 31 May 2017) (secret evidence, deprivation of passport, with Hugh Southey QC)


Care London Ltd v Nationwide BS [2016] EWHC 3890 (QB) (allegations of dishonesty concerning a solicitor)


Hashi v SSHD [2016] EWCA Civ 1136 (dual citizenship, with Baroness Kennedy QC)



Dhooharika v DPP of Mauritius [2015] AC 875 (scandalising the Court, with Rt Hon Geoffrey Cox QC)



Y1 v SSHD (SIAC, 18 November 2013) (dual citizenship, secret evidence, with David Gottlieb)



Boolell v Mauritius [2012] 1 WLR 3718 (delay in court proceedings, (scandalising the Court, with Rt Hon Geoffrey Cox QC)



Havering LBC v Bowyer [2012] EWHC 2798 (Admin) (contempt of court arising from false claims)


R (on the application of Westech College) v SSHD [2011] EWHC 1484 (Admin)



Jefferson v Bailey [2011] EWHC 92 (QB) (investments of funds in land parcels in Spain)



AT and others v Dulghieru and another [2009] EWHC (QB) 225 (damages for people trafficking)



R v Zafar and others [2008] QB 810 (concerning freedom of speech, with David Gottlieb; earlier appeals reported at R v M (No 2) [2007] 3 All ER 53; R v M (No 1) [2007] EWCA Crim 298)


Orr v Norway (ECHR, 15 May 2008, presumption of innocence)



DPP of Mauritius v Hurnam [2007] UKPC 24 [2007] 1 WLR 1582


R (Purshouse) v Chesterfield and others [2005] EWHC 3013 (allegation of a misleading consultation in a planning context)



Larranaga v Philippines CCPR/C/87/D/1421/2005 (UNHRC, litigation leading to the abolition of the death penalty)


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