Faisel Sadiq

Call date: 2000
Email: 

Areas of Practice

Profile

Qualifications:

LLB (Hons), Queen Mary, University of London – 1998

LLM, University College, University of London – 1999

BVC, Inns of Court School of Law – 2000

Faisel is a member of Chambers’ Property Litigation and Commercial and Chancery teams.

On completion of pupillage (where he specialised in property, planning and local government law), he joined the Government Legal Service where he advised government departments and ministers on property, public and commercial law. This included advising extensively on the regulation of the housing associations, privatisations and assisting on negotiations for the proposed EU Constitutional Treaty. In 2005, he moved to a leading property and local government set where he regularly advised on real property, landlord and tenant and local government issues. In 2012, he joined Ely Place Chambers in order to further develop his commercial chancery practice while maintaining his property practise.

His experience of commercial-chancery 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.

Property experience includes all aspects of real property (with significant experience of boundary disputes and actions for breach of the Party Wall, Etc Act 1996), landlord and tenant (both commercial and residential) and professional negligence against solicitors and surveyors.

Local government experience includes environmental health, statutory nuisance, housing, business rates and planning.

Current & Recent Work

Khan v Gilani (2011) – multi-track trial in the Chancery List at the Central London County Court of TOLATA claims brought in respect of several residential properties

McCauley v Abdullah (2011) – multi-track trial at the Central London County Court of a long standing noise nuisance dispute between neighbours

Riverside HA v Ahmed (2012) – acting for national housing association in the trial and subsequent appeal of a possession claim where proportionality and disability discrimination were raised as a defence to possession proceedings

Crest Nicholson Operations Ltd v Runnymede BC (2012) – acting for a local authority in a trial of a statutory appeal against noise abatement notice involving noise emanating from the Longcross Test Track – the case involved consideration of complex expert evidence of noise levels and its impact on the amenity of the locality

Wandsworth LBC v Mensah (2012) – multi-track trial at the Central London County Court of a possession claim involving detailed consideration of the law on the burden of proof in succession cases under the Housing Act 1985

Butcher v McIlwraith (2013) – successfully representing defendants in a claim for a declaration that the claimants were entitled to use a right of way having where they did not own the dominant tenement but had the right to use the way assigned to them by the owner of the dominant tenement

International Gospel Church v Cope (2013) – appearing for the defendant in the trial and subsequent appeal at the Central London County Court of a possession claim in which the court had to consider complex argument as to the impact of waiver on a landlord’s ability to increase rent

Karagoz v Bulet (2013) – successful appeared in an application before Morgan J. 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 and the purchasers now held them as constructive trustees

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

Matthews v Bassi (2014) – successfully represented the claimants in a multi-track trial of a boundary dispute / claim for trespass at the Medway County Court arising from unlawful attachment of an extension to the claimants’ property by their neighbours

Livingstone v Ball (2014) – multi-track trial at the Oxford County Court of a claim involving consideration of the scope of a right of way on foot

Palmer v Hickmott & Hargreaves (2014) – successfully acted for the claimant in a multi-track trial at the Preston County Court of a claim for, inter alia, breach of statutory duty arising from a failure to follow the Party Wall, Etc Act 1996

Peabody Trust v Evison (2014) – successfully defended a tenant who was several months in arrears with his rent at a multi-track trial in the County Court at Wandsworth on the grounds that the social landlord’s failure to follow its own policies and procedures for vulnerable tenants rendered it unreasonable to make an order for possession and meant that the bringing and continuation of the possession claim amounted to discrimination for the purposes of s.15 of the Equality Act 2010

Patel v Mirza [2014] EWCA Civ 1047 – (led by William McCormick QC) appeared at the hearing of an appeal concerning the scope of the defence of illegality arising from a contractual dispute concerning spread betting, insider dealing, Quistclose trusts and recovery of monies passed under an illegal contract

Professional Memberships

Chancery Bar Association

London Commercial and Common Law Bar Association

Property Bar Association

Additional Information

Faisel spends much of his free time running, playing badminton (with enthusiasm but by no means world class) and restoring old fountain pens. He is an avid theatre goer and has a keen interest in current affairs and history.

Faisel recently achieved the Briefed Data Protection Quality Mark.

Appointments

Chair, Inner Temple’s Junior Bar Committee – January 2003 to April 2005

Bar Council’s Young Barristers Committee – January 2004 to April 2005

Present Assistant Editor, Housing Law Reports – 2009 to 2012

Inner Temple Bar Liaison Committee – Dec 2011 to Present Advocacy Trainer

Inner Temple Scholarships Committee – February 2012 to Present

Bar Council’s Equality and Diversity Committee – March 2012 to Present.