Commercial Litigation

Iqbal's commercial practice includes the following work.

 

BUSINESS/CONTRACT DISPUTES

 

Breach of contract claims involving the supply of goods or services; share purchase disputes; claims under guarantees, indemnities or warranties; claims under the Sale of Goods Act 1979, Supply of Goods and Services Act 1982, Consumer Rights Act 2005 or Unfair Contract Terms Act 1977. Iqbal was awarded a distinction on the LLM in 2008 for his paper on the Sale of Goods. Iqbal also has significant expertise in disputes relating to agents or agency agreements.

 

ENFORCEMENT

 

Claims for possession of mortgaged or charged land, indemnity claims, enforcement of judgments in England & Wales; and enforcement of judgments in the European Union. Iqbal has also drafted pleadings seeking to enforce judgments obtained in the United States.

 

FINANCIAL SERVICES & BANKING

 

Claims involving banks and financial institutions including the enforcement of financial agreements; disputes over facilities or other financial services; challenging legal charges or mortgage agreements.

 

RECENT CASES

 

  • Advising on and drafting Points of Defence for an LMAA arbitral claim for unpaid freight worth US$3m brought by a carrier; Iqbal studied carriage of goods by sea as part of his LLM and has good knowledge of shipping law relating to goods

  • Advising on and acting for a council in a £1.12m claim for specific performance and breach of contract arising out of a refusal to honour an expert determination over a rent review; successfully resisted an appeal of the judgment (see article).

  • Acted in a £500,000 commercial dispute between a company and former director, alleging breach of fiduciary duty and a claim to the profits made by his new company; secured a settlement at mediation well below the client’s bottom line.

  • Advised on a claim against a Liquidator who negligently advised four directors and allegedly registered a sham debenture to dilute the creditors’ voting rights.

  • Successfully petitioned the court to invalidate an administration on the grounds of an invalid appointment of a voting director (see article).

  • Acting in a £500,000 commercial dispute involving an Indian company which lost an exclusive distribution agreement in breach of contract, with the English distributor taking its clients.

  • Acting in a four-party dispute over non-payment of utilities in a claim under the Electricity Act 1989 and Utilities Act 2004in a claim of almost £100,000.

  • Acting in a dispute between two firms of personal injury solicitors over a contentious transfer of clients and the operation of a solicitor’s lien.

  • Obtained summary judgment in a large claim where the Claimant had caused two trial dates to aborted, notwithstanding the merits of the Claimant’s claim.

  • Advised an American client on the validity of a break notice served by e-mail, in a dispute exceeding £1m.

  • Acted in a £865,000 dispute over agricultural property where the Claimant disputed that the registered joint tenancy reflected the true intention of the parties, where she sought 66% of the beneficial interest.

  • Representing a company in a £1.6m breach of contract claim, arising out of the flooding of a private hospital where the client held a contract for maintenance

  • Successfully defended a £130,000 claim arising out of a commercial mortgage with a Cypriot bank

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Iqbal Mohammed is a barrister regulated by the Bar Standards Board & practices from St Philip Chambers.