Tahir Ashraf

Date of call: 2008

LLB (Hons); LLM (BPP University College, London), Directors Duties with a Particular focus on Companies Act 2006, Distinction.

Scholarships
LLM Scholar (BPP University College London).
Thomas Moore Bursary Scholar (Lincoln's Inn).
Hardwicke Entrance Scholarship (Lincoln's Inn).

Chancery and Company Commercial
Arbitration
Aviation
Construction
Insolvency
Insurance
Landlord and Tenant / Property and Trusts
Intellectual Property / Media and Entertainment

Described by instructing solicitors as “an excellent lawyer”, Terry (Tahir) has a busy Chancery and Company Commercial practice and is used to “drafting some great documentation”.

Terry’s insight into media and intellectual property law came through BBC Local Radio and print journalism. That acted as a springboard to a career in law. He went on to develop an expertise in insolvency law at the Insolvency Service (a central government department) and in a set of Chambers in the Temple. He subsequently practiced as a Solicitor-Advocate in a niche company and commercial litigation law firm before joining 4-5 Gray’s Inn Square.

Through first-hand experience as a former Solicitor-Advocate Terry appreciates the challenges faced by professional and lay clients. As a result of his unique insight he provides a first class service.

In addition to developing an interest in planning and public law, below are some examples of Terry’s notable work, where he has advised and/or acted as advocate on various matters including:

Arbitration
Advised multi partner SME in respect of LLP and partnership agreements under the Arbitration Act 1996;

Arbitration generally and in particular, under JCT contracts;
Consideration of LCIA rules on disclosure;
Entitlement to commence proceedings in the High Court;
Advice on appeal of arbitration decisions.

Aviation and Insolvency
Advised on and drafted terms and conditions of trade in respect of supply of goods and services;
Appointment of Creditor appointed liquidators in respect of aviation companies;
Exercise of lien on private jet for unpaid aircraft fuel;
Prospects of recovery in insolvency of private jet supply and service company;

Section 216 Applications under IA 1986 on use of prohibited names by former directors of company in liquidation;
Actions against former administrators in respect of sale of company assets and undervalue transactions;
Restoration of companies to the Register of Companies;
Applications under s366 of IA 1986 examinations;
High net worth individuals on bankruptcy annulment and drafted grounds;
Undervalue transactions and intention to defraud creditors ss339 & 423 of IA 1986;
Undervalue transaction in respect of Trustee’s claim to bankrupt’s interest.

Construction
Advised charity on £2.3m construction project;

Arbitration generally and in particular, under JCT contracts;
Applicability of liquidated damages in alleged wrongful termination of construction contract;
JCT construction claim on behalf of developers;
Wrongful termination of a JCT contract.

Contract, Commercial Litigation & Insurance
Advised high net worth individuals on business ventures;
Advised on terms and joint venture of international charity;
Bailment of goods;
Contracts of insurance;
Costs enforcement hearings;
Defamation;
Drafted terms and conditions on for a software development company in respect of international trade;
Joint venture and partnership / shareholder agreements;
Loss of opportunity / insurance premium;
Negotiation on non-contentious contracts;
Third party rights to contracts;

Sheriff’s Interpleader: High Court of Justice (QBD) advocate for 3rd party;
Set-aside judgment entered in default matters;
Trading as a partnership and enforcement of claims against 3rd parties.

Landlord and Tenant / Property & Trusts
Adverse possession;

Adequacy of s20 notice in respect of consultation requirements;
Charging Orders & enforcement of judgments;
Commercial lease forfeiture, rent arrears and s146 notices; Residential rent arrears, eviction and High Court enforcement; Mortgage possession;

Constructive trust;
Disrepair;
Service charges;
Repayment of overpaid monies instead of credit;
Use of service charge funds towards landlord’s purpose;
Validity of service charge demand in light of probate administration.

Intellectual Property
Advice on passing-off;
Mediation;
Merits of defending actions;
Infringement of registered trademark;
Use of Sole Trader name in passing-off as limited company.

Employment
Constructive dismissal;
Direct / indirect racial discrimination;
Negotiated settlement and drafted COT3 agreements;
Religious discrimination;
TUPE

Unfair dismissal.

AFFILIATIONS

BACFI (Committee member) Dec 2012 — present.

BACFI (Bar Association for Commerce Finance and Industry).
Lincoln's Inn.

ARTICLES AND PUBLICATIONS

Directors’ duties with a particular focus on the Companies Act 2006, International Journal of Law and Management Vol. 54 Number 2 2012 ISSN1754-243X.

Practice areas

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