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
- “ Crowdfunded National Infrastructure: How Pakistan Scored Two World Firsts’ , Lexis Nexis Butterworths Journal of International Banking and Financial Law (JIBFL) 2018. - “ Bond, Green Bond: A Licence to Tackle Climate Change ”, Butterworths Journal of International Banking and Financial Law (2016). - “ To bail-in or bail-out – That is the question Islamic Investment Banking Bonds ”, Butterworths Journal of International Banking and Financial Law (2015). - Please see link: http://lexisweb.co.uk/guides/sources/journal-of-international-banking-financial-law - “ 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
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 Notice
This privacy notice explains how, why and for how long Tahir Ashraf will process or retain your personal data in accordance with the General Data Protection Regulation (GDPR).
If Tahir has been instructed by you, your litigation friend, your solicitor or agent, or through a pro bono referral, it is necessary to process your personal data in order to provide legal services. This may include advising on the prospects of litigation, advising on the value of a claim, representation at hearings or trial, and reviewing legal issues or evidence.
Recipients of your data
Depending on the nature of your case, data may be shared with courts and tribunals, your solicitors or agents, witnesses, experts, other legal representatives, ombudsmen or regulators, education and examining bodies, and current, past or prospective employers.
Special categories of data
Some matters require processing special category personal data, including information about health, ethnicity, religion, trade union membership, political beliefs, sexual orientation, or criminal allegations and convictions. Such data will only be processed where necessary to represent you or advise on your claim.
Retention
Your personal data will be retained for no longer than necessary and, where possible, anonymised. In general, records relating to cases are retained for at least six years to comply with professional obligations under the Bar Code of Conduct and tax record-keeping obligations.
Once your case has concluded and any fees have been paid, only the personal data necessary for regulatory compliance, conflict checking, defence of complaints or fee disputes, and reference in future similar cases will be retained.
Your rights
You may request confirmation that your personal data is being processed, request a copy of that data, request rectification of inaccurate data, object to certain processing, request restriction of processing, or request erasure where the GDPR permits it. Where processing is based on consent, you may withdraw that consent at any time, although doing so may mean Tahir can no longer provide the legal services requested.
Security
Appropriate physical and technical measures are taken to safeguard your personal data and prevent unauthorised access, accidental loss, misuse or disclosure.
Complaints or queries
If you have any questions about this privacy notice, or how your personal data is used, please email clerking@thebarristergroup.co.uk or the clerks at clerking@thebarristergroup.co.uk, or call 01823 247 247.
You also have the right to complain to the Information Commissioner's Office (ICO). Further information is available at ico.org.uk/global/contact-us/.
Work with Tahir
Send us your details and a member of the clerking team will be in touch. Or call us now on 01823 247 247.