Faisel Sadiq

Call date: 2000
Email: fsadiq@elyplace.com
Telephone: 020 7400 9600

Faisel Sadiq

Call date: 2000
Email: fsadiq@elyplace.com
Telephone: 020 7400 9600

Practice areas

Business Property & private client Public & regulatory

Faisel is a member of Chambers’ business, property and regulatory teams.

During pupillage he specialised in planning, local government and property disputes as well as appearing regularly in the criminal courts. Thereafter he spent several years in the Government Legal Service where, amongst other things, he worked on public procurement, privatisations, the Commonhold and Leasehold Reform Act 2002, the Housing Act 2004 and was a specialist in EU Law.

In 2005, he moved to a leading property set where he regularly advised on real property and landlord and tenant issues.

In 2012, he joined Chambers to further develop the business law side of his practice.

He is a member of the Bar Council’s Equality, Diversity and Social Mobility Committee and the Inner Temple’s Scholarships Committee as well as an Advocacy Trainer.

In his spare time, he regularly attends both the theatre and comedy clubs. He practises yoga and enjoys travelling.

Business

Faisel’s experience of business litigation includes high value contractual disputes, directors’ personal liability, fiduciary obligations of directors, cases involving illegality, actions against receivers, actions against fiduciaries / agents and cases involving consideration of Quistclose trusts.

The following cases are illustrative of Faisel’s experience:

Robatoo Ltd v Gordeno (2016) – resisting an application for a freezing order in the High Court.

Re Lynx Management Limited (2016) – representing a company director in a claim for breach of duty.

Npower v Upark (2016) – acting for a company in resisting a claim to recover charges for the supply of electricity under a deemed contract pursuant to Sch.6 of the Electricity Act 1989

Patel v Mirza (2014) – (led by William McCormick QC) representing the defendant both at trial and in the CA in seeking to avoid having to repay monies advanced on the grounds of illegality.

Atkins v Commercial First Business Limited (2014) – (led by Clifford Darton) acted for the appellant in an appeal and mediation raising issues of fraud, breach of fiduciary duty by a mortgage broker and relief under ss.140A and 140B of the Consumer Credit Act 1974 – the appeal was subsequently settled by consent

Karagoz v Bulet (2013) –application for an injunction to restrain the purchasers of shares from disposing of them where the shares were alleged to have been knowingly acquired in breach of trust.

Khan v Gilani (2011) – represented the defendant in a TOLATA claim brought in respect of several residential properties acquired by the defendant with monies advanced by the claimant.

Property & private client

Faisel’s experience of property disputes includes all aspects of landlord and tenant (both residential and commercial), real property – e.g. boundary disputes, easements, restrictive covenants and overage agreements, breach of the Party Wall, Etc Act 1996 – as well as professional negligence claims against solicitors and surveyors.

The following cases are illustrative of Faisel’s experience:

Altay Ali v Commercial First (2017) resisting the making of an order for sale on the grounds that the relationship giving rise to the underlying debt was unfair for the purposes of s.140A to 140C of the Consumer Credit Act 1974.

Southwark LBC v Akhtar Upper Tribunal (2017) – (led by Philip Rainey QC) representing the landlord in an appeal considering the enforceability of service charge covenants and the mechanics of recovery.

Nadeau v Robins (2016) – boundary dispute involving consideration of the effect of notices under the Party Walls Etc. Act 1996

Peabody Estates v 28 Leaseholders (2016) – representing leaseholders in resisting their liability to pay service charges on the basis that the works did not come within the service charge covenants.

Brophy v Maguire (2016) – representing defendant in nuisance claim arising from damage caused by tree roots.

Southwark LBC v Cagacar (2015) – representing landowner seeking to recover service charges owed pursuant to a freehold covenant under the “benefit and burden” principle.

Southern Water v East Sussex CC (2015) – representing a water company in a claim for negligence / nuisance against a highway authority that damaged a sewer when carrying out works to the highway.

Livingstone v Ball (2015) – representing a defendant in a claim considering the construction and scope of an easement.

Matthews v Bassi (2014) – represented the claimants in a boundary dispute / claim for trespass arising from unlawful attachment of an extension to the claimants’ property by their neighbours

Palmer v Hickmott & Hargreaves (2014) – successfully acted for the claimant in trial for breach of statutory duty arising from a failure to follow the Party Wall, Etc Act 1996

Public & regulatory

Faisel’s regularly advises on planning enforcement, TPOs, failure to comply with the requirements of the Environmental Permitting Regulations 2010 and breaches of HMO licensing requirements – this includes appearing in the Crown and Magistrates’ Courts.

The following cases are illustrative of Faisel’s experience:

Walthamstow LBC v Husbands (2017) – representing a defendant at the Crown Court at a trial for failure to have an HMO licence.

Reading BC v Akhtar (2017) – representing three defendants at the Magistrates Court on trial for breach of the Food Safety and Hygiene (England) Regulations 2013.

Hackney LBC v Braun (2015) – representing the defendants in proceedings in the Magistrates’ Court for breach of an enforcement notice.

Hackney LBC v Homeglade (2014) – representing the defendants in a proceedings in the Magistrates’ Court for breach of an improvement notice.

Crest Nicholson Operations Ltd v Runnymede BC (2013) – acting for a local authority in a trial of a statutory appeal against noise abatement notice involving noise emanating from the Longcross Test Track.

Memberships

Member, Chancery Bar Association
Member, Property Bar Association
Member, Bar Council’s Equality, Diversity and Social Mobility Committee – 2012 to Present
Member, Inner Temple Scholarships Committee – 2012 to Present
Advocacy Trainer, Inner Temple
Assistant Editor, Housing Law Reports – 2009 to 2012
Bar Council’s Young Barristers Committee –2004 to 2005
Chair, Inner Temple’s Junior Bar Committee –2003 to 2005

Regulatory information

Vat number: 855 9997 40

Bar Standards Board