Hossein Sharafi - 4 Stone Buildings

Practice

Hossein has a broad practice across all areas of Chambers’ work. He is often instructed in the High Court and County Court as sole counsel, or as part of a larger team in complex high value litigation.

Hossein’s recent cases include:

Kumar v Sharma [2022] EWHC 612 (Ch) and [2022] EWHC 1008 (Ch): Acting as sole counsel on successful applications to obtain and continue a freezing injunction in support of an unfair prejudice petition.
Emirates NBD Bank PJSC & Ors v Advanced Facilities Management LLC & Ors [2020] DIFC CFI 065 (10 May 2022): Acting for the Defendants to a claim under a syndicated loan agreement for approximately AED 1.8 billion on a two-day immediate judgment hearing in the DIFC, led by Orlando Fraser KC and Edward Crossley.
Farrar v Miller [2022] EWCA Civ 295: Appearing before the Court of Appeal, led by Muhammad Haque KC, appealing a decision refusing to enforce an assignment of a claim to a solicitor’s firm on grounds of champerty.

Practice areas

Chancery: commercial

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

Kumar v Sharma [2022] EWHC 1008 (Ch): Acting on unfair prejudice and just and equitable winding up proceedings in relation to the control and management of two restaurants. Hossein successfully obtained a freezing injunction on behalf of the petitioner.
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.
Acting, led by Paul Greenwood, for three defendants in a multi-party fraud claim relating to the control and ownership of a hotel.
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.
Republic of Mozambique v Credit Suisse – A case concerning allegations of bribery and unlawful means conspiracy. As a pupil, Hossein assisted Sharif Shivji KC in preparing for hearings for permission to issue third party claims and to serve out of the jurisdiction.

Commercial dispute resolution

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

Emirates NBD Bank PJSC & Ors v Advanced Facilities Management LLC & Ors [2020] DIFC CFI 065 (10 May 2022): Acting for the Defendants to a claim under a syndicated loan agreement for approximately AED 1.8 billion on a two-day immediate judgment hearing in the DIFC, led by Orlando Fraser KC and Edward Crossley. The case raises issues of duress, misrepresentation, and Sharia finance, and is listed for a hearing before the Court of Appeal in February 2023.
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.
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.
Al Jaber & Ors v Salfiti & Ors: Acting, led by Guy Olliff-Cooper, for defendants in relation to claims in fraudulent misrepresentation, mistake, restitution and unlawful means conspiracy.

Company law

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

Kumar v Sharma [2022] EWHC 1008 (Ch): Acting on unfair prejudice and just and equitable winding up proceedings in relation to the control and management of two restaurants. Hossein successfully obtained a freezing injunction on behalf of the petitioner.
Advising in relation to potential arbitration claims under a shareholders’ agreement, including on issues of arbitrability.
Advising a former director of a company in liquidation on various claims and applications brought by the liquidators of the company, in relation to remuneration and director’s loans.
Acting on various applications for an extension of time to register a charge at Companies House under s859F of the Companies Act 2006.

Fraud – civil

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

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.
Acting on behalf of a claimant in proceedings to set aside a judgment on the grounds that it was procured by fraud.
Acting on behalf of the National Crime Agency on a successful application for continued detention of seized cash under s295 of the Proceeds of Crime Act 2002.
Georgallides v Secretary of State for Business [2020] EWHC 768 – An application by a disqualified director to set aside a disqualification undertaking on grounds of fraud. As a pupil Hossein assisted Tiran Nersessian for the Secretary of State on legal research and trial preparation.

Financial services

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

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.
As a pupil, in proceedings before the Financial Markets Tribunal in the DIFC, assisting Gregory Denton-Cox led by Richard Hill KC in legal research and trial preparation.
As a pupil, assisting Sharif Shivji KC acting on behalf of a company under investigation by the FCA.

Insolvency & restructuring

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

Acting for a debtor on a bankruptcy petition brought by a state entity, alleging that the petition is in breach of petitioner’s duty to make reasonable adjustments under the Equality Act 2010.
Acting for the petitioners in various associated bankruptcy and winding up petitions in relation to debts of over £2 million incurred by a secondary lending business, including on a preliminary hearing as to the application of the “coronavirus test” under the Corporate Insolvency and Governance Act 2020.
Advising a former director of a company in liquidation on various claims and applications brought by the liquidators of the company, in relation to remuneration and director’s loans.
Re Comet Group Limited – As a pupil, assisting Tiran Nersessian on claims brought by the additional liquidator of Comet Group Limited, arising from the sale and subsequent collapse of the Comet retail chain.

Offshore litigation

Hossein’s work often has international and multijurisdictional elements, and he has been instructed in relation to multiple proceedings before the DIFC Court in Dubai. Recent work includes:

Emirates NBD Bank PJSC & Ors v Advanced Facilities Management LLC & Ors [2020] DIFC CFI 065 (10 May 2022): Acting for the Defendants to a claim under a syndicated loan agreement for approximately AED 1.8 billion on a two-day immediate judgment hearing in the DIFC, led by Orlando Fraser KC and Edward Crossley. The case raises issues of duress, misrepresentation, and Sharia finance, and is listed for a hearing before the Court of Appeal in February 2023.
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.
Advising on the scope of Data Subject Access Requests under the DIFC Data Protection Law 2020.
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.

Arbitration

Hossein has experience advising on matters relating to law of arbitration proceedings, and as regards challenges to arbitration awards. Whilst working as an intern at UNCITRAL, Hossein supported the secretariat in its work on expedited arbitration procedures, which has recently culminated in the adoption of the UNCITRAL Expedited Arbitration Rules.

Hossein’s recent experience includes:

Advising, on the merits of bringing arbitration proceedings under a shareholders’ agreement, including in relation to issues of arbitrability.
Advising, led by Sharif Shivji KC, on a challenge to an arbitral award.
As a pupil, assisting Donald Lilly led by John Brisby KC, in preparing submissions to an arbitral tribunal, on the effect of an administration moratorium on LCIA arbitration proceedings.