Ali Reza Sinai

Call date: 1997
Email: asinai@elyplace.com
Telephone number: 020 7400 9600

Ali Reza Sinai

Call date: 1997
Email: asinai@elyplace.com
Telephone number: 020 7400 9600

Mr Sinai’s contentions were made ‘forcefully and cogently’

Cranston J in R (Hussain) v Secretary of State for Health [2010] EWHC 3351 (Admin)

Mr Sinai’s preparation was ‘in the best traditions of the Bar’

Ward LJ in Online Catering Ltd v Acton [2011] QB 204

Practice areas

Business Media & sport Property & private client Public & regulatory

Ali started practice in October 2005 upon completion of 12 months pupillage in Chambers. He has appeared in Courts in both England and France, and acted in international arbitrations and specialist adjudications such as in the Intellectual Property Office. In England, he has appeared at all levels including the Supreme Court, the Court of Appeal, the High Court QBD (including the Administrative Court and the Commercial Court ), Chancery Division (including the Companies Court) and the Patents Court. He has also represented English clients in Courts of Appeal of Paris and Aix-en-Provence.

Prior to pupillage, Ali qualified as an Avocat at the French Bar, worked for S.G Archibald in Paris and Dewey Ballantine in London and was a stagiaire with the European Contract Law Team at the European Commission in Brussels. He was awarded the David Karmel Award by Gray’s Inn and the Entente Cordiale scholarship by the British Council.

In 2004, he was a Visiting Research Scholar at the Institute of European and Comparative Law at the University of Oxford and he holds a PhD in EC Conflict of Laws from Kings College London, which he completed under the supervision of Professor CGJ Morse, and which was examined by Professor Richard Fentiman and Professor Ian Fletcher. Prior to entering practice, he published some of his research including “The Action Plan on European Contract Law: perspectives for the future of European contract law and EC consumer law” (with Jens Karsten), 2003 Journal of Consumer Policy 159-195, “The inclusion of mandatory rules in an optional EC contract law instrument” 2004 European Business Law Review, 41-71

Ali accepts instructions in French and has an understanding of French law.

Business

Ali advises in all areas relating to business and commerce with particular emphasis on contractual disputes, company law (including minority shareholder disputes), insolvency law, disputes over trusts, (commercial) agency, partnership disputes, intellectual property (trademarks and passing-off), and human rights damages claims. Ali can advise quickly in disputes with an international element, for example where there are questions of jurisdiction and choice of law, where foreign judgments need to be enforced in England, or where there are parallel proceedings in another country. Examples of cases include:

Commercial/Company/insolvency/IP

  • Uavend Properties Inc v (1) Adsaax Ltd & (2) Vistra Trust (Singapore) Pte Ltd, pending in the Commercial Court (led by William McCormick QC), a damages claim for procuring a breach of contract
  • Scipharm v Moorfields Eye Hospital NHS Trust, pharmaceutical claim pending in the London Circuit Commercial Court, the Defendant’s summary judgment application was recently dismissed by HHJ Pelling QC ([2020] EWHC 269 (Comm))
  • Brealey v Nomination [2020] EWCA Civ 103 (CA), represented the appellants in a trademark infringement claim involving the sale of jewellery on eBay
  • Secretary of State v Drake, representing the Defendant director in a disqualification claim brought by the Secretary of State
  • Rued v Dormer (judgment pending), 4 day trial in the London Business & Property Courts in a partnership dispute involving the development of land
  • Inzalaco v Falletta (settled 2019), section 994 claim in the London Business & Property Courts for unfair prejudice by an executor following the death of a minority shareholder
  • Real Asset Partners v Premier Benchmark Properties (2019), London Circuit Commercial Court, a financial services commission claim which settled on the day before the 3 day trial
  • Whyatt v Hughes (2019), 5 day trial before HHJ Stephen Davies in the Business & Property Courts in Manchester in a dispute over a share in a company held on trust
  • Lovering v Smarta Construction (2018), 2 day trial in the Cardiff Technology & Construction Court before HHJ Keyser QC involving a construction dispute
  • GUBOMYR v Dylan Mills (aka Dizzy Rascal), represented the well-known rapper in a 2 day contract trial in CLCC
  • SDI Retail Services Ltd v King [2017] EWHC 737 (Ch) (application for permission to bring a derivative claim under section 260 of the Companies Act 2006)
  • Sports Direct International Plc v Rangers International Football Club [2016] EWHC 85 (Ch) (committal application for breach of an injunction)
  • Brett v Migration Solutions Holdings Ltd [2016] EWHC 523 (Ch) (unfair prejudice petition under section 994 of the Companies Act 2006)
  • Fathollahipour v Aliabadibenisi [2014] EWCA Civ 1633 (CA), Times 22.1.15 (extensions of time for appeal notices and relief from sanctions)
  • Fathollahipour v Aliabadibenisi [2014] EWHC 2120 (QB) (freezing injunctions, cross-undertakings)
  • Re Sofra Bakery (in liquidation) [2013] EWHC 1499 (Ch), [2014] BPIR 435 (cited in Palmer’s and Sealy & Milman)
  • Caesar’s World Communications Ltd v X-Mobility Ltd [2012] EWHC 2465 (Ch) (cited in Zuckerman on Civil Procedure)
  • NSB Ltd (in liquidation) v Worldpay [2012] EWHC 927 (Comm) (cited in Chitty)
  • Re Snelling House (in liquidation) [2012] EWHC 440 (Ch, Companies Court) (cited in Palmer’s, Sealy & Milman and McPherson’s Law of Company Liquidation)
  • Online Catering Ltd v Acton [2011] QB 204, [2010] 3 W.L.R. 928 (CA) (cited in Benjamin, Lightman & Moss and other textbooks)
  • Paseana v Lextrex Holdings [2010] EWCA Civ 1539
  • Stream Healthcare (London) Ltd v Pitman Education & Training Ltd [2010] EWHC 216 (Ch)
  • Zeba’ish Ltd v Zebaish Clothing Ltd [2008] EWHC 3647 (CH) (interim injunction); [2010] EWPCC 1 (Patent CC) (passing off trial)
  • ITAB MK Ltd v (1) Gray & (2) Gray Matter [2009] EWHC 3290 (Ch)
  • BSM Marketing Ltd v Take Ltd [2009] EWCA Civ 45
  • NPower Direct Ltd v South of Scotland Power Ltd [2005] EWHC 2123 (Comm)
  • David v Honeywell Normalair-Garrett Ltd [2006] EWHC 351 (QB)

International / conflict of laws

  • Euroeco Fuels (Poland) Limited v Szczecin and Swinoujscie Seaports Authority S.A. (application for permission pending in the UKSC), led by William McCormick QC, an appeal concerning the operation of Article 30 of the Recast Brussels Regulation in a defamation case, which permits the courts of a EU Member State to decline jurisdiction or to stay proceedings because “related proceedings” are extant in another Member State
  • Medien Patentverwaltung AG v Kagan, appeal listed in the Business & Property Courts (Chancery List) as to whether the Part 11 procedure to contest jurisdiction applies in stakeholder applications under Part 86
  • Mid Atlantic Bulk Carriers v Z Dust Group (2019), ad hoc international arbitration involving breach of a charterparty, conducted under the London Maritime Arbitrators Association Rules 2017
  • Benhurst Finance Ltd v Colliac [2018] EWHC 2188 (QB), a claim involving the availability of Norwich Pharmacal relief in aid of international arbitration proceedings pending in Switzerland
  • Surrey (UK) Ltd v MWPI [2014] EWHC 3165 (Comm)
  • McKew v Moore [2012] EWHC 1287 (QB) (cited in Zuckerman on Civil Procedure)
  • Shami v Shami [2012] EWHC 664 (Ch) (cited in Dicey & Morris); also [2013] EWCA Civ 227 (CA)
  • Eck v Zapf [2012] BPIR 499 (cited in Sealy & Milman and McPherson’s Law of Company Liquidation)
  • KJO v XIM [2011] EWHC 1768 (QB) (cited in Dicey & Morris, Clerk & Lindsell, Gatley and Confidentiality)
  • Karafarin Bank v Mansoury-Dara [2009] 2 Lloyd’s Rep. 289 (Comm) (cited in Chitty and Dicey & Morris)

Human rights damages claims

  • Williams v Hackney LBC [2019] AC 421 [2017] (Supreme Court), led by Nicholas Stewart QC (only in the UKSC, sole conduct at first instance and in the Court of Appeal) in an Article 8 claim for damages by parents following the removal of their children after an allegation of abuse and neglect
  • Phillips v DVLA, pending CLCC, an Article 1 damages claim by an owner of personalised vehicle number plates which were forfeit by DVLA without notice
  • (1) AB, (2) BC & (3) CD v Manchester City Council, 3 day trial in Manchester CC before HHJ Bird in an Article 8 claim for damages by a mother following a decision that she should have no unsupervised contact with her children after her young disabled child was found with physical injuries
Media & sport

Ali has advised clients, including celebrities, in respect of claims for breach of privacy/confidence and has obtained injunctions preventing disclosure and the misuse of confidential information.

Property & private client

Ali is regularly instructed in property and private client cases, in particular disputes between landlords and lessees, enfranchisement, trusts of land, contested probate (including claims to set aside wills) and inheritance act claims. Examples of cases include:

  • Hafeez v Hussain, 2 day trial in Leeds CC before HHJ Gosnell in a trust of land dispute over various properties in the midlands
  • Garfield v Breskal, an inheritance act claim by a cohabitee, settled before trial for a substantial sum
  • Sabaitiene v Loveridge (High Court, Ch) a claim to set aside a will for lack of capacity and undue influence, settled on the first day of the trial listed before Mr Martin Mann QC (sitting as a Deputy Judge)
  • Haringey LBC v Hines [2010] EWCA Civ 1111, [2011] H.L.R. 6 (CA), Times 15.2.2011 (cited in Clerk & Lindsell, Woodfall, the Encyclopedia of Housing Law and other textbooks)
  • Akici v. LR Butlin Ltd [2006] 1 W.L.R. 201 (CA) (cited in Woodfall, Megarry & Wade and other major textbooks)
Public & regulatory

Ali has built up significant experience in public law and judicial review, acting principally for respondent local authorities in community care (including children’s social services) and human rights cases. Example of cases include:

  • R(C) v Hackney LPC [2014] EWHC 3670 (Admin) (whether section 27 of the Children Act 1989 placed the same housing duty on a different department of metropolitan local authorities, as it does on housing district councils outside London)
  • R (Hussain) v Secretary of State for Health [2011] EWCA Civ 800
  • R (J) v Hackney LPC [2010] EWHC 3021 (Admin)
  • R (Prince) v (1) Social Security Commissioner & (2) Southwark LBC [2009] EWHC 1181 (Admin)
  • R (Mohammed) v Southwark LBC [2009] EWHC 311 (Admin), [2009] B.P.I.R. 882 (Admin)
  • R (Scott) v Hackney LBC [2009] EWCA Civ 217 (CA), [2009] LLR 775
  • P v Hackney LBC [2007] EWHC 1365 (Admin

Regulatory information

Vat number: 867 7632 71

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