Farhaz Khan

Call date: 2005

Email: Farhaz Khan

Areas of Law:	Pensions, Financial Services, Employment & Discrimination, Business & Banking

Practice summary

Farhaz practice focuses on the law of pension schemes and commercial trusts, banking, financial services law and regulation and employment law.

He has been involved in some of the most important pensions cases of recent years including Foster Wheeler and IMG, is currently instructed by the trustees on an appeal from the Pensions Regulator and is listed as a leading junior in Chambers & Partners 2011.

Farhaz is an established banking and financial services junior. He advised the FSA on the supervisory enhancement programme arising from the banking crisis and on the mis-selling of PPI (during a secondment in 2009). He continues to act for banks, insurers and other financial services firms in mis-selling litigation (i.e. PPI and structured products) and advises regulated firms on the application of FSMA.

Farhaz receives instructions in all areas of employment law. He recently acted for a bank in a claim fro breach of contract (bonus payments) in the DIFC.

Publications

Special Report: Financial Services Law and Regulation (LexisNexis, 2010) (General Editor)

Butterworth’s Financial Regulation Service (loose-leaf) (Editor)

Butterworth’s Encyclopedia of Banking LawUpdate (Contributing Editor)

A selection of recent cases

Re Lehman Brothers (in administration)
Acting for a European investment bank in connection with its $30m claim for client money (held under a prime brokerage agreement by way of FSMA/ CASS statutory trust) against the Lehman estate.

Re F Pension Plan
Acting as sole counsel for the company in a Part 8 claim arising out of a failed equalisation.

Re Lloyd’s of London
Acting for Lloyd’s in an investigation into alleged misconduct by a managing agent and connected individuals.

Re IMG Pension Plan [2010] EWCA Civ 1349 (Court of Appeal)
Re IMG Pension Plan [2009] EWHC 2785 (Ch); [2010] Pens. L.R. 23
Re IMG Pension Plan (No.2) (prospective costs) [2010] EWHC 321 (Ch); [2010] Pens. L.R. 131
Acting for the representative beneficiary (led by Richard Hitchcock) in the leading pensions case concerning section 91 Pensions Act 1995 (in the CoA), amendment powers (Re Courage), extrinsic contract (South West Trains), estoppel and prospective costs. Ongoing.

Foster Wheeler v Hanley v Hanley & Ors [2008] EWHC 2926 (Ch); [2009] 1 C.M.L.R. 47; [2009] Pens. L.R. 39
Acted for the principal employer (led by Richard Hitchcock) at first instance in the leading case on the equalisation of pension rights under Article 14, Barber (ECJ) and related EC and domestic jurisprudence.

Re TPR Appeal
Acting for trustees of scheme in one of the first appeals to the upper Tribunal from the decision of the Determinations Panel of the Pension Regulator. Ongoing.

Re Age 75
Advising claimants in claim for EC law/Francovich damages against the Government relating to pension provisions and the Equal Treatment Directive

Capital Cranfield Pension Trustees Ltd v (1) Jordan (2) Liverpool Victoria Friendly Society Limited
Acting for independent trustee in claim for constructive trust and money had and received against former trustee for misappropriation of pension plan trust assets. Successfully applied for freezing injunction and disclosure of information order. Advised on Beddoe proceedings. Claim settled.

Dhaliwal Ors v Bluebell Land Limited Ors
Civil fraud/ mis-selling claim (led by Richard Lissack QC) including alleged breach of FSMA (collective investment scheme). Ongoing.

Re A Worldwide Corporate Restructuring
Instructed by PWC Legal (led by Richard Lissack QC) in a highly sensitive FSMA advice re £900m worldwide restructuring of well known commercial organization, including with respect to regulated financial services business in the UK including a private bank and insurance intermediaries.

Re Insparo Assest Management Ltd
Advising fund managers (led by Richard Lissack QC) in relation to a worldwide regulatory/FSA compliance matter. Included advice as to the meaning and effect of provisions of Part XII FSMA (controllers and close links) and the FSA handbook.

Re Bristol and West Investment Plc
Instructed to advise in relation to this firms regulated activity (loans and other financial products) under the Consumer Credit Act 1974 (in particular the changes brought in by the 2006 Act) and under FSMA. Included drafting loan and mortgage forms and contracts in compliance with the new consumer credit/ FSA regime.

Nation v FirstPlus
Acting for the defendant in a claim under the UTCCR relating to interest provisions on early settlement of a loan (‘Rule of 78’ clause). Ongoing.

Re Keydata Investment Fund
Advising on alleged mis-selling (breach of contract, duty of care, s.150 FSMA and misrepresentation) of investment bond issued by a firm put into administration by the FSA.

Dauncey v HBOS plc
Acting for HBOS in mis-selling claim (fraudulent misrepresentation) relating to mortgage and insurance products. Ongoing.

Shaw v Itau Securities Middle East Limited [DIFC, CFI 007/2010] Clyde & Co. (DIFC)
Acting for defendant bank in the Dubai International Financial Centre (DIFC) in a claim for discrimination and breach of contract under The Employment Law 2005 (No. 4 DIFC) considering the scope of claims (and the remedy) available where there has been a breach of employment laws within the DIFC jurisdiction. Settled.

Hathaway v Microstrategy Ltd (2010, 4 week ET hearing)
Acting for the claimant in equal pay/direct sex discrimination case. Settled.