Hossein Sharafi

Hossein Sharafi

Call 2018

Overview

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.

Areas of expertise

  • Chancery: Commercial

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

    • Successfully representing a haulage company at trial in a claim brought against its former director for misappropriation of funds.
    • 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.
  • 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 [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.
    • 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:

    • Re Bank Sarasin-Alpen (ME) Limited [2023] DIFC CFI 009 and [2016] DIFC CFI 005 (15 September 2023): 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.
    • Successfully representing a haulage company at trial in a claim brought against its former director for misappropriation of funds.
    • 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.
    • 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.
  • Fraud: Civil

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

    • Re Bank Sarasin-Alpen (ME) Limited [2023] DIFC CFI 009 and [2016] DIFC CFI 005 (15 September 2023): 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 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.
    • 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
  • Financial Services

    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.
    • 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.
  • 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:

    • Re Bank Sarasin-Alpen (ME) Limited [2023] DIFC CFI 009 and [2016] DIFC CFI 005 (15 September 2023): 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.
    • 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.
  • 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:

    • Re Bank Sarasin-Alpen (ME) Limited [2023] DIFC CFI 009 and [2016] DIFC CFI 005 (15 September 2023): 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.
    • 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.

Other information

  • Cases of Interest

    Hossein’s recent cases include:

    • Re Bank Sarasin-Alpen (ME) Limited [2023] DIFC CFI 009 and [2016] DIFC CFI 005 (15 September 2023): 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 approximately AED 1.8 billion, including appearing before the DIFC Court of Appeal, led by Orlando Fraser KC and Edward Crossley.
    • Kumar v Sharma [2022] EWHC 612 (Ch): Acting, as sole counsel, on successful applications to obtain and continue a freezing injunction in support of an unfair prejudice petition.
    • Farrar v Miller [2022] EWCA Civ 295: Appearing before the Court of Appeal, led by Muhammad Haque KC, appealing a decision refusing to enforce and assignment of a claim to a solicitor’s firm on grounds of champerty.
  • Career & Appointments

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

  • Education & Awards
    • 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

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