Hossein Sharafi

Hossein is regularly instructed both led and unled, in relation to commercial claims. Recent instructions include:

• Armeniakou v Thomson [2024] EWHC 3150 (KB), [2025] EWHC 149 (KB), [2025] EWHC 505 (KB): A claim for a freezing injunction in support of legal proceedings in Greece. Hossein, led by Alastair Thomson acted for the Claimant on applications to obtain further disclosure in support of a freezing injunction and to expand a domestic freezing injunction to apply to assets worldwide.
• As sole counsel, successfully representing a company developing a DNA test at a three-day trial of a claim for professional negligence against a subcontractor. The case gave rise to complex issues of expert evidence relating to proper standards of work to be carried out in research and development laboratories.
• Acting as sole counsel for the defendants at a three-day trial of a claim for over €1 million under a facility agreement and associated personal guarantee.
• Representing a food wholesaler in a 2-day trial against an employee for misappropriating company stock.
• Emirates NBD Bank PJSC & Ors v Advanced Facilities Management LLC & Ors [2022] DIFC CA 012 (1 May 2023): Acting for the Defendants to a claim under a syndicated loan agreement for approximately AED 1.8 billion, including before the DIFC Court of Appeal on a two-day appeal of a decision to grant immediate judgment, led by Orlando Fraser KC and Edward Crossley. The case raised issues of duress, misrepresentation, Sharia finance, and onshore Emirati financial services regulation.
• Farrar v Miller [2022] EWCA Civ 295: Acting, led by Muhammad Haque KC before the Court of Appeal on behalf of the appellant firm of solicitors. The appeal concerned whether the common law of champerty should be developed to allow solicitors to take assignment of a client’s claim in appropriate circumstances.

Hossein’s practice spans across the spectrum of commercial chancery work. Recent work includes:

• Acting, with Alexander Cook KC in proceedings before the DIFC Court regarding the disputed ownership of a mobile gaming business. Hossein appeared unled on an urgent hearing of an injunction application in these proceedings.
• Kumar v Sharma [2022] EWHC 1008 (Ch): Obtaining a freezing injunction in support of an unfair prejudice petition.
• Acting for a defendant to possession proceedings brought by a commercial lender, seeking to set aside a mortgage on grounds of non est factum, misrepresentation, duress, and unconscionable bargain.
• Obtaining the discharge of a passport seizure order made in support of a freezing order, on behalf of a defendant to a breach of trust claim.

Hossein deals with and advises on issues of company law as part of his practice. Recent instructions include:

• Re Bank Sarasin-Alpen (ME) Limited: Acting on claims for over USD 75m in damages brought by a company in liquidation in the DIFC and its liquidator in relation to the alleged misappropriation of the company’s business, led by Sharif Shivji KC and Albert Sampson.
• Acting, led by Andrew de Mestre KC, for a defendant director in a claim for £39 million in damages brought in relation to the unsuccessful use of an EBT tax scheme by a company.
• Acting, with Muhammad Haque KC and Alexander Cook in unfair prejudice proceedings brought in the BVI, in relation to the alleged misappropriation of cryptocurrency by company directors.
• Hossein was instructed as part of a wider counsel team by the Commonwealth Climate and Law Initiative to draft a public opinion as to the effect of nature related risks on directors’ duties under English law. The opinion can be read here.
• Representing the petitioning shareholder at a two-day trial of an unfair prejudice petition relating to the ownership of a South London restaurant.
• Representing a haulage company at trial in a claim brought against its former director for misappropriation of funds.

Hossein has acted on a number of cases featuring allegations of fraud. Recent work includes:

• Re Bank Sarasin-Alpen (ME) Limited: Acting, led by Sharif Shivji KC and Albert Sampson, on claims for over USD 75m in damages brought by a company in liquidation in the DIFC and its liquidator in relation to the alleged misappropriation of the company’s business.
• Acting, with Nicholas Wright and Honor Brocklebank-Fowler, in claims for deceit, breach of trust, dishonest assistance and unlawful means conspiracy against the alleged perpetrators of a Ponzi Scheme.
• Acting for the defendant seller in a £2 million deceit claim brought by the purchaser of a flat.
• Acting for a defendant to possession proceedings brought by a commercial lender, seeking to set aside a mortgage on grounds of non est factum, misrepresentation, duress, and unconscionable bargain.
• Representing a claimant at trial in proceedings to set aside a judgment on the grounds that it was procured by fraud.

Hossein recent work advising on matters of financial services law includes:

• Acting, with Nicholas Wright and Honor Brocklebank-Fowler on claims against a bank for mis-selling of a mortgage and restitution under sections 138D and 27(2)(a) of FSMA.
• Acting for a defendant to possession proceedings on a successful application to stay the claim pending determination of a complaint made to the Financial Ombudsman Service.
• On secondment at the General Counsel’s Division of the FCA, advising on a wide variety of issues of financial services law.
• Advising on potential mis-selling claims against a bank in the DIFC, for breaches of the DFSA Rules.

Hossein is instructed in both personal and corporate insolvency matters, and regularly appears in the High Court and County Court on disputed debt hearings, applications to set aside statutory demands, and possession proceedings by trustees in bankruptcy. Recent work includes:

• Re Bank Sarasin-Alpen (ME) Limited: Acting, led by Sharif Shivji KC and Albert Sampson, on claims for over USD 75m in damages brought by a company in liquidation in the DIFC and its liquidator in relation to the alleged misappropriation of the company’s business.
• Acting for the administrators of a company on an application for permission to make distributions to unsecured creditors.
• Acting for a trustee in bankruptcy on a public examination of a bankrupt.
• Advising, on various occasions, on the merits of proposed challenges to the remuneration of trustees in bankruptcy.
• Acting for a debtor on a bankruptcy petition brought by HMRC, alleging that the petition is in breach of petitioner’s duty to make reasonable adjustments under the Equality Act 2010.

Hossein’s work often has international and multijurisdictional elements. Hossein has particular experience acting in proceedings in the Dubai International Financial Centre, and is ranked as a “Rising Star” of the UK Commercial Bar in the Middle East in the Legal 500 EMEA Guide.  His recent work includes:

• Chhina v Nazim [2024] 1 WLR 2459: Hossein appeared led by Alexander Cook KC before the Privy Council on a hearing to determine the circumstances in which a person can appeal as of right from the Court of Appeal of the Eastern Caribbean.
• Re Bank Sarasin-Alpen (ME) Limited: Acting, led by Sharif Shivji KC and Albert Sampson, on claims for over USD 75m in damages brought by a company in liquidation in the DIFC and its liquidator in relation to the alleged misappropriation of the company’s business.
• Emirates NBD Bank PJSC & Ors v Advanced Facilities Management LLC & Ors [2022] DIFC CA 012 (1 May 2023): Acting for the Defendants to a claim under a syndicated loan agreement for approximately AED 1.8 billion, including before the DIFC Court of Appeal on a two day appeal of a decision to grant immediate judgment, led by Orlando Fraser KC and Edward Crossley. The case raised issues of duress, misrepresentation, Sharia finance and onshore Emirati financial services regulation.
• IDBI Bank Limited v Mabani Delma General Contracting Co LLC & Ors: Acting, led by Sharif Shivji KC and Karl Anderson, on behalf of the claimant bank in DIFC proceedings to recover unpaid sums under a facility agreement and guarantees.
• Advising on potential mis-selling claims against a bank in the DIFC, for breaches of the DFSA Rules.

Hossein is on the Advocate volunteer panel and accepts pro bono instructions in appropriate cases.

Member of the Chancery Bar Association.

Member of the Commercial Bar Association.

“Investigations By DBT”, Tolley’s Company Law Service

• BA in History, Keble College, Oxford University
• GDL, City, University of London
• BPTC, City, University of London
• GDL Exhibition Scholar, Inner Temple
• BPTC Princess Royal Scholar, Inner Temple