FAQS

Here are some Frequently Asked Questions that clients have.

1. I’ve received a claim form what shall I do?

If you wish to defend or dispute the claim, you should consider taking legal advice. Booking a conference is usually the most cost-effective way to do this. This can be done remotely by Zoom or Teams or in person in chambers. Please attach all the relevant papers for your inquiry. Following this, you can ask for a defence to be prepared for you.

Alternatively, if you want to enter a defence and do not need advice, you can instruct a barrister to draft a defence for you. This usually includes a short meeting (through Zoom or Teams) to take your instructions. Remember, you must decide if you want advice or just defend the case on the available information. If the claim is worth a significant sum, advice on prospects is always recommended otherwise you may end up spending money with little chance of success.

2. Why should I choose direct access?

If you do not need a solicitor (or don’t for a specific piece of work) direct access can be an effective way to get legal advice or assistance without the time and expense of a solicitor. Direct access is ideal for specific pieces of work as the costs are upfront and fixed and the work is turned around quickly. Direct access also provides access to the experience and skill of a barrister, specialised in civil litigation.

3. How do I instruct a barrister through direct access?

You can raise a query using Contact Us or you can contact Iqbal’s chambers on 0121 246 2077. It is important to prepare the papers you need Iqbal to see, preferably in a single pdf document.

Iqbal’s clerks will then propose fees for the work required. If you agree these, then you need to provide your ID etc., sign a client care letter which sets out the terms of the engagement and then make payment.

4. Can I pay after the work or pay on invoice at the end of the month?

No. Direct access work is always paid for prior to commencement. For more complicated matters, specific fee terms are agreed in stages. However, payment is always in advance.

5. Is using direct access the same as having a solicitor?

No, they are different services. See this more detailed comparison

6. Can I have more information about direct access or barristers?

Yes, use this website set up by the Bar Council for direct access: https://www.directaccessportal.co.uk

7. Is Iqbal on the Direct Access Portal?

Yes: https://www.directaccessportal.co.uk/barristers/iqbal-mohammed.html

8. Do I have to come to your offices?

No; most work can be done remotely through Zoom or Teams.

9. Can I speak to Iqbal in Urdu/Hindi or do I need a translator?

While Iqbal claims to speak good Urdu/Hindi, legal work is only carried out in English and English is the only language used. If you need to use an interpreter, Iqbal can arrange one for you or you are welcome to use a friend or family member.

10. Can Iqbal tell me if I have a case so then I can decide whether I want to use him?

Iqbal can certainly advise you if you have a case or not but this is advice and it must be paid for. Put another way, a barrister must read your papers and consider the matter. This work is not free.

11. Will Iqbal match my quote or fee estimate from this other barrister?

Iqbal’s fees are set by his clerks according to the market rate for his services and you are free to use counsel who charge less or more but Iqbal’s fees reflect his experience and skill.

12. Is direct access cheaper than using a barrister?

This is a myth. Depending on the situation, direct access can be cheaper or more costly. However, a direct comparison is not possible as its comparing apples with oranges. A solicitor acts for you “on the court record,” which means that they will deal with all communications with third parties and the court. They are available to speak to you (or email you) when you need them. They can engage third parties and have knowledge of experts etc. They will write to third parties on your behalf of solicitors’ paper; this is important for many reasons.

Many of these services, direct access does not provide. Iqbal can draft letters for you but cannot send them on chambers’ letterhead and will rarely deal with third parties. Barristers’ communications with court relates only to hearings and not filing documents etc.

In an ideal world, you need both a solicitor and barrister. However, if you opt to forgo the solicitors’ service, then you are, basically, acting as your own “solicitor” and engaging a barrister when you need them. This is not “cheaper” rather, you are not paying for a service by excluding it.

Generally, instructing Iqbal through direct access and or a solicitor is comparable in terms of fees.

1. I am being disqualified as a director, can I challenge it?

Where the Secretary of State wishes to disqualify a director, an application is made to the court and the grounds relied on must be proved. You can contest the making of a disqualification order or, depending on the case, dispute the length or the order. If you wish to challenge the making of a disqualification order you must act when you are first notified by the Secretary of the State.

2. My company is insolvent, can claims be made against me as as a director?

Yes. The law provides many avenues for pursuing directors who have acted unlawfully in the running of a company. Most of these sorts of claims are brought by Liquidators. Such claims can include misfeasance, breach of duty, preference claims or transactions at an undervalue. If these claims are proved, the director must pay the sums sought and the costs from their personal money.

For more information, see this article: https://st-philips.com/news-events/insolvent-companies-liquidators-claims-against-directors/

3. Can you help me make a bankruptcy petition?

Usually, a solicitor will present the petition and a barrister attends court if it is challenged. If you wish to bring a petition, you should speak to Iqbal who can refer you to a solicitor. If a petition has been brought against you, you can challenge the making of the bankruptcy order if the debt is disputed on substantial grounds.

4. Can you help me wind up a company?

Usually, a solicitor presents a winding up petition as the work involved (paying of deposits etc) requires a solicitor. However, Iqbal can be instructed to attend court if that petition is contested by the company or if your company is facing a winding up petition by a creditor.

5. Can a liquidator bring claims against me for my company?

Yes, please read this article that Iqbal wrote. https://st-philips.com/news-events/insolvent-companies-liquidators-claims-against-directors/

6. My company is insolvent, what funding options do I have?

You have to pay personally for any work required on behalf of your company.

7. I am facing bankruptcy, what funding options do I have?

You can ask friends or family to assist you with paying for legal fees.

8. What is a misfeasance claim? / What is a section 212 Insolvency Act 1986 claim?

Please read this article: https://st-philips.com/news-events/insolvent-companies-liquidators-claims-against-directors/

9. What is a transfer at an undervalue / what is a s238 Insolvency Act 1986 claim?

Please read this article: https://st-philips.com/news-events/insolvent-companies-liquidators-claims-against-directors/

10. What is a preference claim / what is a section 239 Insolvency Act 1986 claim?

Please read this article: https://st-philips.com/news-events/insolvent-companies-liquidators-claims-against-directors/

1. The house is not in my name but it really belongs to me, what can I do?

It is not uncommon for the registered owner and the real owner to be different people. This is normally because of a trust of land. Not all trusts are written down or created with legal advice. If you are the real owner of a property or have some interest in it (such as a share) then you can bring a claim to have that interest recognised by the court and registered on the title.

2. I have a problem with my tenant, what can I do?

Usually, for disputes with tenants or evictions, it is far more cost effective to use a solicitor, especially as various notices must be sent. However, for complicated disputes, Iqbal may be instructed.

Iqbal was last instructed by a landlord to get a possession order (eviction) for a tenant who had several years arrears of rent and had brought a counterclaim for disrepair; so the value of the dispute was over £20,000.

3. I have problem with my lease what can I do?

Iqbal can assist with commercial lease disputes including claims for breach of lease or new leases. Iqbal can also assist with residential leases, also called long leases. The first port of call is to get advice.

4. I have a boundary issue can you help me?

Neighbour disputes or boundary disputes usually require solicitors as a lot of correspondence is often required. Iqbal can refer you to a recommended solicitor who can then engage Iqbal if required.

5. What kind of property work have you done?

Please take a look at my experience here and also my recent property cases. Most of my work revolves around disputes over ownership or claims relating to trusts of land.

6. Can you deal with claims about property abroad?

Depending on the case, claims between parties in England relating to property abroad can be dealt with. However, giving effect to decisions in the country where the property is located is something that local lawyers need to be engaged for. For example, Iqbal has dealt with several cases where the parties own jointly (or hold on trust) property abroad in Portugal, Turkey etc. The claim is normally brought to bind the other person based in England.

7. My lease has been forfeit, what can I do? My landlord has taken possession of my business premises, what can I do?

Where the forfeiture is unlawful, you can apply for an injunction from the High Court to require the landlord to return possession. Iqbal has applied for injunctions many times, the quickest being in 1 day (this always depends on the court’s availability and complexity). While injunctions are very effective, they are expensive and usually urgent.

You can also make a claim and allow that to work its way through the court but you will not regain entry until that case is decided, which can take months or years.