Profile description
Property & private client
Faisel’s experience of property disputes includes all aspects of landlord and tenant (both residential and commercial), real property – e.g. boundary disputes, easements, restrictive covenants and overage agreements, breach of the Party Wall, Etc Act 1996 – as well as professional negligence claims against solicitors and surveyors.
The following cases are illustrative of Faisel’s experience:
Golding v Martin (2018) – successfully appealing against a first instance decision that the ability to obtain relief from forfeiture pursuant to s.138(2) and (3), County Courts Act 1984, could not amount to success for the purposes of CPR 39.3(5).
Pourgazi v Kamyab (2018) – advising and acting for a mortgagee in a marshalling claim in the Chancery Division.
Lindsay v (1) Berkeley Homes, (2) Southwark LBC (2018) – successfully representing in the High Court (TCC) a local housing authority in resisting an application by a long-lessee for an injunction to prevent it carrying out works to its block.
Camden LBC v Olivers Town (2018) – representing a lettings agent in a prosecution for breach of the HMO licensing regulations.
Barnet LBC v Shelemey (2017) – successfully representing a landlord at his trial for alleged breach of the HMO licensing regulations.
Pembury Estates Ltd v Panzer Properties (2017) – (led by William McCormick QC) – acting for a guarantor in seeking to resist a claim for unpaid rent under a lease of a hotel.
Altay Ali v Commercial First (2017) – resisting the making of an order for sale on the grounds that the relationship giving rise to the underlying debt was unfair for the purposes of s.140A to 140C of the Consumer Credit Act 1974.
Southwark LBC v Akhtar Upper Tribunal [2017] UKUT 150 (LC) – (led by Philip Rainey QC) representing the landlord in an appeal considering the enforceability of service charge covenants and the mechanics of recovery.
Nadeau v Robins (2016) – boundary dispute involving consideration of the effect of notices under the Party Walls Etc. Act 1996
Peabody Estates v 28 Leaseholders (2016) – representing leaseholders in resisting their liability to pay service charges on the basis that the works did not come within the service charge covenants.
Brophy v Maguire (2016) – representing defendant in nuisance claim arising from damage caused by tree roots.
Southwark LBC v Cagacar (2015) – representing landowner seeking to recover service charges owed pursuant to a freehold covenant under the “benefit and burden” principle.
Southern Water v East Sussex CC (2015) – representing a water company in a claim for negligence / nuisance against a highway authority that damaged a sewer when carrying out works to the highway.
Livingstone v Ball (2015) – representing a defendant in a claim considering the construction and scope of an easement.
Matthews v Bassi (2014) – represented the claimants in a boundary dispute / claim for trespass arising from unlawful attachment of an extension to the claimants’ property by their neighbours
Palmer v Hickmott & Hargreaves (2014) – successfully acted for the claimant in trial for breach of statutory duty arising from a failure to follow the Party Wall, Etc Act 1996
Business
Faisel’s experience of business 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. He has extensive experience of mediations and arbitrations and has appeared in the Beth Din.
The following cases are illustrative of Faisel’s experience:
De Muller v Harrison-Morgan [2018] EWHC 1904 – (led by Clifford Darton) successfully resisting a proprietary claim to recover £2.2 million paid as part of the sale of a property in Belgravia.
Herskovic v Herskovic (2017) – acting for businessman and company director in resisting an application for a freezing injunction in the High Court and subsequently in the Beth Din.
Robatoo Ltd v Gordeno (2016) – resisting an application for a freezing order in the High Court.
Re Lynx Management Limited (2016) – representing a company director in a claim for breach of duty.
Npower v Upark (2016) – acting for a company in resisting a claim to recover charges for the supply of electricity under a deemed contract pursuant to Sch.6 of the Electricity Act 1989
Patel v Mirza (2014) – (led by William McCormick QC) representing the defendant both at trial and in the CA in seeking to avoid having to repay monies advanced on the grounds of illegality.
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
Karagoz v Bulet (2013) –application 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.
Khan v Gilani (2011) – represented the defendant in a TOLATA claim brought in respect of several residential properties acquired by the defendant with monies advanced by the claimant.
Public & regulatory
Faisel’s regularly advises on planning enforcement, TPOs, failure to comply with the requirements of the Environmental Permitting Regulations 2010 and breaches of HMO licensing requirements – this includes appearing in the Crown and Magistrates’ Courts. He has advised public utilities (water companies) on potential public law challenges to their regulators.
The following cases are illustrative of Faisel’s experience:
Barnet LBC v Netzach Israel Limited (2018) representing a company at trial and subsequent sentencing and confiscation hearing for breach of a planning enforcement notice.
Camden LBC v Bucknell (2018) – representing a councillor being prosecuted by his own authority for breach of a planning enforcement notice.
Walthamstow LBC v Husbands (2017) – representing a defendant at the Crown Court at a trial for failure to have an HMO licence.
NPower v Upark (2017) – representing a landlord that was challenging an electricity bill levied against it as opposed to its tenants by Npower pursuant to the deemed contract provisions of the Electricity Act 1989.
Reading BC v Akhtar (2017) – representing three defendants at the Magistrates Court on trial for breach of the Food Safety and Hygiene (England) Regulations 2013.
Hackney LBC v Braun (2015) – representing the defendants in proceedings in the Magistrates’ Court for breach of an enforcement notice.
Hackney LBC v Homeglade (2014) – representing the defendants in a proceedings in the Magistrates’ Court for breach of an improvement notice.
Crest Nicholson Operations Ltd v Runnymede BC (2013) – acting for a local authority in a trial of a statutory appeal against noise abatement notice involving noise emanating from the Longcross Test Track.
