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Tahir Ashraf

Tahir Ashraf is a multi-award-winning commercial barrister with a contentious business and property advisory practice. He also cross qualified to work as a commercial Solicitor-Advocate. This has given him a unique understanding of the challenges faced by professional and lay clients.

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Tahir Ashraf-1

Tahir’s introduction to law came during journalism training at the BBC in the 1990s. Tahir was thrust into voluntary interpreting which became the eventual springboard for a legal career.

Spotted and encouraged by his law lecturer, Tahir undertook legal work experience and spent time observing independently and discussing court proceedings with High Court judges. He was mentored by a commercial Queen’s Counsel and two Chancery Commercial High Court Judges, becoming a qualified advocate in 2008.

Tahir trained in part at The Insolvency Service where he developed a passion for insolvency law. Tahir went on to train in commercial, insolvency, employment and property matters at chambers in the Temple area of London.

Given the changes in the legal profession, Tahir decided to develop an additional skill set and cross-qualified as a Solicitor-Advocate at a commercial litigation firm. There, Tahir focussed again on insolvency, employment and commercial matters with an emphasis on litigation and dispute resolution, until 2013, when he joined Chambers at Gray’s Inn. In 2016, he founded a set of specialist commercial Barristers at 5 Chancery Lane.

Tahir's Experience

Called in 2008

Public Access Accredited

Barristers in England and Wales are regulated by the Bar Standards Board

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Business & Commercial Law

As a commercial law specialist, Tahir has been instructed in a high number of cases including Banking & Financial Services, Bankruptcy, Chancery, Company Law, Contract Law, Debt and Insolvency.

Experienced in high-value cases, Tahir has advised on the £50m acquisition of a luxury hotel brand, as well as working with High-Net-Worth clients and Independent Financial Advisors on arbitration and appeals against arbitration awards.

Tahir accepts instructions in advisory and contentious matters from High-Net-Worth individuals and SME businesses concerning almost all business, commerce and insolvency law-related matters.

His expertise includes:

  • Alternative Dispute Resolution
  • Aviation Leasing
  • Banking and Islamic Finance
  • Company Commercial Contracts
  • EU & Public International
  • Financial Crime (in particular forex trading)
  • Insolvency
  • Intellectual Property
  • Property
  • Regulatory Compliance & Commercial Judicial Review
  • Contested Probate

Insolvency

With a background in Insolvency law, Tahir has advised and acts in matters including 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 and Applications under s366 of IA 1986 private examinations.

Tahir was retained as sole Counsel by a London Borough for advice on its assets following an Administration Order and appointment of Administrators of a national car parking group in respect of a large multi-storey car park where the annual rent was just under £1m.

IP & IT Cases

Tahir has advised and represented on Licensing of intellectual property rights and OEM equipment, Assignment of existing IP of fuel efficiency technologies, Infringement of registered trademarks, Mediation and settlements, Passing-off online including Domain name disputes litigation as well as restrictive covenants.

Tahir has worked for celebrity clients in the music industry from advising on business structures to litigation in court following the break-up of a very successful band of the 2000s.

Banking & Financial Services

Tahir advises and provides advocacy, compliance and drafting services as a barrister or as part of an in-house team in banking and financial services-related matters. He also advises on corporate governance in international financial compliance and regulatory matters as well as financial sector disputes. Tahir also has an interest in investment banking, which has recently focussed on Green Bonds and Islamic Bonds, particularly in the transport infrastructure and energy sectors.

Tahir has experience in matters including enforcement and/or setting aside mortgages, guarantee agreements, and loan agreements. He also brings his cross-disciplinary as well as cross-border experience in company commercial and insolvency matters to the fore within the finance arena as an asset.

Investment Banking & Islamic Finance

Tahir’s Islamic Finance practice covers different aspects of Sharia-compliant transactions which include advice on Sukuk and Murabaha issuances. He has also written on the potential impact and unintended consequences of the EU Bank Recovery and Resolution Directive on Islamic investment banking transactions, in particular Sukuk financing. Tahir has a particular interest in Green bonds and advises on the creation of sustainable clean transport infrastructure bonds for international transport infrastructure projects, particularly within the EMEA markets.

 

Land & Property

Tahir’s property practice consists of advisory and litigation matters concerning a variety of Land and Property issues including Trespass, Wrongful damage to property and demolition, Service charges, Resulting and Constructive trusts, Breach of covenants and Insolvency and Restructuring in a Leasehold context.

Environmental Law

Tahir has a particular interest in climate change laws and transport-related air pollution and has advised on international collaborations and joint venture projects on power generation, energy and fuel efficiency which have also had regulatory, compliance and investment banking elements.

He has advised and represented clients on a range of planning issues including appeals, compulsory purchase and planning enforcement notices, in respect of commercial property, industrial property and rural/agricultural land.

EU Public International Law

Tahir acts 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.

Memberships & Advisory
  • Editorial Board Member of the LexisNexis Butterworths Journal of International Banking and Financial Law (JIBFL) since November 2015
Awards
  • Muslim 100 Power List
  • Excellence in Commercial Law – Winner – Corporate LiveWire 2017
  • Commercial Barrister of the Year - Winner – ACQ5 Global Awards 2016
  • Commerce and Business Barrister of the Year – Winner – Lawyer Monthly Legal Awards 2016
  • Commerce and Business Barrister of the Year – Winner – Finance Monthly Legal Awards 2016
  • Best Commercial Barrister – Winner – UK Acquisition International Legal Awards 2015
Publications
Case Profile
  • 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) [2015] EWCA Civ 33; [2016] Q.B. 347; [2015] 3 W.L.R. 301; [2016] 1 All E.R. 816; [2015] 2 C.M.L.R. 20; [2015] I.C.R. 793; [2015] I.R.L.R. 301; [2015] H.R.L.R. 3;
  • Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) [2015] EWCA Civ 32; [2015] 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).
Privacy Policy

1. This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).
2. The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.
3.  I, Tahir Ashraf, have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.
4.  It is necessary for me to process your personal data in order for me to provide you with legal services, for example:

  • Advise on the prospects of litigation;
  • Advise on the value of your claim;
  • Representation at a court hearing;
  • Representation at trial;
  • Advise, review or comment on legal issues or evidence.

5. Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.

6.The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.

7. If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.

8. If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.

Recipients of your data

9.  I may also be required to share your data with others, depending on the nature of your case. This may include:

(i)  Courts and other tribunals to whom documents are presented;

(ii) Your solicitors, or agent representing you, through whom I have been instructed;

(iii) Potential witnesses, experts and other persons involved in the case;

(iv) Solicitors, barristers, or other legal representatives;

(v) Ombudsman and regulatory authorities;

(vi) Education and examining bodies; and

(vii) Current, past or prospective employers.

Special Categories of Data

10.  In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.

11. This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.

Retention

12. I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.

13. How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.

14. Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:

(i) The legal and professional obligation to retain information relating to my cases;

(ii) To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;

(iii) For use in the defence of potential complaints, legal proceedings or fee disputes;

(iv) To refer back to in future cases which raise similar legal, factual, or procedural issues.

15. The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.

16. The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation. 

Your Rights

17. Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

18. Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.

19. You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.

20. You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.

21. You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests. 

22. Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object. 

23. You have the right to request that your personal data is erased where any of the following apply:

(i) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(ii) You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;

(iii) Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;

(iv) The personal data has been unlawfully processed; or

(v) The personal data have to be erased to comply with a legal obligation.

24. You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).

25. Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort. 

Security

26. I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. 

Complaints or Queries

27. If you have any questions regarding this privacy notice, or how I use your personal data please email me: mailto: tahir.ashraf@tbgbarrister.co.uk, or my clerks: clerking@thebarristergroup.co.uk telephone 01823 247 247.

28. I shall aim to respond as soon as possible, and within 30 days.

29. You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/

 

 

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