Faisal Saifee

Called:2003 Middle Temple

Specialisms:Arbitration, Commercial, Employment, Personal Injury, Property, Public & Human Rights

Education/ Qualifications

English and German Laws (University of Liverpool/ Muenster, 2002, First Class)

Benefactors Scholarship, Middle Temple (2002)

Peter Duffy Scholarship, Bar European Group (2003)

 

Faisal is a member of COMBAR

 

Experience

 

Faisal is regularly instructed in the High Court and specialist tribunals. He has considerable experience at appellate levels, including three appearances in the Privy Council, and cases before the ECHR and UNHRC. His practice covers a wide breadth of work including the areas listed below. 

 

Commercial law

 

Faisal represents clients in a range of commercial disputes for high net worth individuals, companies and charities. Company disputes he is regularly instructed in include unfair prejudice claims (recent cases cover the pharmaceutical, finance and wellbeing industries), disputes about meetings and derivative claims against directors. He is currently instructed in a substantial arbitration relating to construction projects in KSA under ICC rules, a High Court claim following breach of an on-shore drilling contract and an ownership dispute concerning a rare pearl necklace. Faisal is regularly instructed by a global health care business concerning disputes in various jurisdictions. He also has considerable experience in disputes concerning the theatre industry.

 

Property and landlord & tenant law

 

He has considerable experience and expertise in most areas of property and landlord & tenant litigation. He is currently instructed in an easement dispute important to the efficacy of a residential development of several hundred houses, a dispute as to the appropriate trustees of a multi-million pound trust, claims based in proprietary estoppel and litigation concerning allegations of fraud in a conveyancing chain of a block of flats in London. In Tim Martin Interiors Ltd v Akin Gump LLP [2011] EWCA Civ 1574 Lord Justice Lloyd said at [4] "the appeal was argued admirably well for the appellant by Mr Faisal Saifee" and paid "special tribute to Mr Saifee for the excellence of his clear and sustained oral submissions".

 

Administrative law

 

His ongoing cases include several involving secret evidence before both the Administrative Court and SIAC. He has particular expertise in relation to civil liberties, and takes on some of the most difficult cases in that field. He has advised a sovereign country in respect of fundamental changes to its election laws and the law on corruption. Faisal is willing to travel where necessary, and has recently done so to places such as Nigeria, Afghanistan and New York. In R (Purshouse) v Chesterfield and others [2005] EWHC 3013 Mr Justice Davis said at [65] that “[Mr Saifee] plainly has prepared his case with the greatest care and attention to detail and [has] advanced his argument with ability and tenacity.”

 

Personal Injury and clinical negligence

 

Faisal is regularly instructed for both Claimants and Defendants. He has a wide knowledge of the leading experts in these fields. He regularly undertakes cases of catastrophic injury and fatal accidents. He is an all-round performer who excels at court work.

 

Publications and seminars

He has published in several law journals, including: The European Private Company (2009) 30 Company Lawyer 227; In terrorem appeals to the Crown Court [2007] Cambridge Law Journal 53; Prawo pracy Polaków zatrudnionych w Zjednoczonym Królestwie Wielkiej Brytanii, July 2006, Monitor Prawa Pracy; UK Bribery Act Update [2015] Comply (Fachmagazin for Compliance-Verantwortliche)

 

Faisal is a regular speaker at both in-house and external seminars.

 

Selected cases

 

Care London Ltd v Nationwide BS [2016] EWHC 3890 (QB)

H2 v SSHD (SIAC, 22 January 2015)

Dhooharika v DPP of Mauritius [2015] AC 875

Y1 v SSHD (SIAC, 18 November 2013)

Boolell v Mauritius [2012] 1 WLR 3718

Havering LBC v Bowyer [2012] EWHC 2798 (Admin)
R (on the application of Westech College) v SSHD [2011] EWHC 1484 (Admin)
Jefferson v Bailey [2011] EWHC 92 (QB)
R v Ali (Inner London CC, 2010)
AT and others v Dulghieru and another [2009] EWHC (QB) 225
R v Zafar and others [2008] EWCA Crim 184, [2008] QB 810
Orr v Norway (ECHR, 15 May 2008)
DPP of Mauritius v Hurnam [2007] UKPC 24 [2007] 1 WLR 1582
Larranaga v Philippines CCPR/C/87/D/1421/2005 (UNHRC, Sept 06)