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Farhaz Khan

Farhaz Khan

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Is Farhaz the right barrister for you?

To find out more, contact Dave Scothern (+44 (0)20 7427 4960) or Nick Levett (+44 (0)20 7427 4908) or call us on +44 (0)20 7353 6381, for a confidential discussion.

Farhaz Khan is regularly instructed in complex and high profile commercial and chancery litigation and regulatory investigations, usually involving investment banks, insurers and pension schemes. He particularly enjoys cases with an international / cross-border dimension.

Farhaz has consistently been recognised over the last few years as a leading barrister by: Chambers Global (Dispute Resolution), Chambers & Partners (Financial Services (tier 1), Banking & Finance (tier 3), Chancery Commercial (tier 3) and Pensions (tier 2)), Legal 500 (Banking & Finance and Pensions) and Who’s Who Legal: UK Bar (Banking & Finance – one of only four “Most highly regarded” barristers in the “Leading juniors” section, and Pensions).

The directory comments state, among other things, that: “He’s an up-and-coming star who is very bright and extremely personable”, has “really shone as a junior in high profile cases” and “commands considerable respect from his clients and peers”. Solicitors describe him as a “lovely guy to work with and a brilliant, brilliant lawyer.” He is ranked in tier 1 for Financial Services, which states that he is, “probably the best junior at the Bar for financial services work, he’s just excellent. He’s sensible, his judgement is impeccable and he will bring proper imaginative solutions.”

Farhaz often acts for institutions and individuals in commercial disputes in the Middle East, and has experience in appearing before the DIFC courts and in DFSA regulatory matters. For example, he acted for the bank Itau Securities in an employment contract share and bonus dispute in the DIFC, which was successfully settled.

Farhaz was identified by Legal Week (“Stars at the Bar“, 2013) as one of the 10 “most acclaimed young barristers making their mark” at the commercial bar.

Banking

Cases

CBRE Loan Servicing Ltd v Gemini (Eclipse 2006-3) Plc [2015] EWHC 2769 (Ch)

Acting for the Junior Noteholders in a Part 8 claim relating to the construction of a failed $1bn CMBS.

Graiseley Properties Ltd v Barclays Bank Plc

Deutsche Bank AG v Unitech Global Ltd [2013] EWCA Civ 1372 (CA)

Interest rate swaps and LIBOR claim. One of The Lawyers ‘Top 20 cases’ of 2013.  See Graiseley Properties Ltd v Barclays Bank Plc (LIBOR amendments) [2012] EWHC 3093 (Comm); and Graiseley Properties Ltd v present and former directors and employees of Barclays Bank plc (open justice) [2013] EWHC 67 (Comm).

Regione Lazio v Dexia Crediop SpA

Instructed by the defendant bank Dexia to provide an English law expert opinion for the Italian Federal Court on the construction of an exclusive jurisdiction clause contained within the 1992 ISDA (Multi-currency cross border) Master Agreement. The ISDA Master governed two interest rate swaps with an aggregate notional value of $400m.

Merrill Lynch International v Amorim Partners Limited [2014] EWHC 74 (Comm)

Acting for the defendant in a contract claim for payment in respect of shares acquired during a secondary offering.

Dauncey v HBOS Plc

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

Barclays Bank Plc (PPI)

Acting for the bank in numerous PPI mis-selling claims.

Financial Services

Cases

LIBOR global investigation

Acting for a senior derivatives trader under investigation by the DoJ, SEC, CFTC and the FCA.

FOREX global investigation

Acting for a very senior FOREX and precious metals trader under investigation by regulators and prosecutors in numerous jurisdictions.

JP Morgan ‘Whale trader’ global investigation

Acting for a former synthetic credit derivatives and indices trader within the Chief Investment Office of JPM accused of mismarking the trading book. The CIO sustained c.$9bn trading losses in 2012 leading to regulatory and criminal investigations in the US and the UK. The UK proceedings have led to a JR of the FCA and s393 FSMA ‘third party’ proceedings in the Upper Tribunal. See R (on the application of Grout) v Financial Conduct Authority [2015] EWHC 596 (Admin) (Judicial Review); and Grout v Financial Conduct Authority [FS/2015/007] Upper Tribunal (Tax & Chancery) (s393 proceedings).

Re Keydata

Acting for the former compliance officer of Keydata (Johnson) before the Upper Tribunal. Successfully opposed a stay application by the FCA. See Ford, Owen & Johnson v Financial Conduct Authority [2016] UKUT 0041 (TCC).

Re Equity Syndicate Management Limited, Syndicate 218 & former directors

One the biggest investigation in the Lloyd’s market since the 1990s (a Lloyd’s / FRC / FCA joint investigation) and subsequently represented Lloyd’s Enforcement before the Lloyd’s Disciplinary Tribunal (4 week hearing). The investigation arose out of the dramatic £311m deterioration in syndicate reserves.

Gladstone Pacific Nickel v London Stock Exchange & AIM Regulation

Represented a former AIM listed company in disciplinary/ regulatory matter including a claim for Judicial Review of the LSE on a jurisdictional issue.

Commercial & Chancery

Cases

Re MF Global UK Ltd (In Special Administration) [2015] EWHC 883 (Ch) (Companies Court)

Acting for the Special Administrators. IA86 application concerning the implied contractual liability of an operating company (inter dealer broker) to indemnify the group service company for costs of a section 75 pension debt.

Philips Electronics UK Ltd & the Trustees of the Philips Pensions Fund v Aon Hewitt & AllianceBernstein

Acting for the trustees and Philips.  Breach of contract and duty claim against pension scheme investment adviser and fund manager relating to CDS / CDO investments made in 2007. See Philips Electronics UK Ltd & the Trustees of the Philips Pensions Fund v Aon Hewitt & AllianceBernstein [2015] EWHC 1768 (Ch) (amendment, strike out & RFIs).

Teragon Capital Limited v Goodale

Claim by the managing partner of a hedge fund against a former agent / partner for breach of contract, breach of trust and breach of partnership duty of good faith.

Saxo Bank v LBIE

Acting for a European investment bank in connection with its $30m claim against the Lehman estate for the recovery of client money held under statutory trust.

Hermes Ors v Banco Espirito Santo (In Admin.) (Dubai)

Acting for a large group of institutional and HNW individual investors in a civil fraud claim against the failed Portugese bank and its former directors.

Re Bank of Moscow

Tort of intimidation claim in the Commercial Court and a related LCIA arbitration.

Re Mihaj Investments

Advising a Dubai based group of companies in relation to a family dispute over UK assets and investments.

Dhaliwal v Bluebell Land Ltd [2011] EWHC 2292 (Ch)

Claim relating to the sale of land (alleged deceit and operation of a FSMA collective investment scheme).

Pensions & Trusts

Cases

Re IMG Pension Plan [2010] EWCA Civ 1349; [2011] I.C.R. 329; [2011] Pens. L.R. 11

One of the leading modern authorities on the construction of commercial trusts in a pension scheme context. Led by Richard Hitchcock QC. Instructed by Baker & McKenzie. See also Re IMG Pension Plan (Part 8) [2009] EWHC 2785 (Ch); [2010] Pens. L.R. 23; and Re IMG Pension Plan (protective costs) [2010] EWHC 321 (Ch); [2010] 3 Costs L.R. 443; [2010] Pens. L.R. 131.

Re Lehman / Storm Funding Pension regulatory proceedings relating to the Lehman Bros. Pension Scheme.

Acting for the corporate trustee of the scheme alongside the Pension Regulator in seeking financial support directions with an aggregate value of £300m from 38 Lehman corporate entities, under the Pensions Act 2004 (PA04) (the equivalent provisions to  FSMA).

Re Kodak Eastman

Advising the administrators of a corporate group in Chapter 11 bankruptcy in respect of UK pension liabilities.

Re Desmond & Sons Limited 1975 Pension & Life Assurance Scheme (Upper Tribunal (Tax and Chancery))

Acting for the corporate trustee of the scheme alongside the Pension Regulator in seeking a £22m contribution notice from the former directors of the company, under the NI equivalent of s38 PA04. The first case brought by the Pension Regulator concerning contribution notices. Led by Richard Hitchcock QC and with Saaman Poughadiri (2012). Instructed by Burges Salmon. See Garvin Trustees Ltd & The Pensions Regulator v Desmond Ors (privilege) [2015] Pens. L.R. 1; Garvin Trustees Ltd & The Pensions Regulator v Desmond [2013] NICA 62 (Northern Ireland CA); Desmond Ors v The Pension Regulator [2013] NIQB 58 (Judicial Review); and Desmond Ors v Garvin Trustees Ltd & The Pensions Regulator Ors (jurisdiction) FS/2010/10 (May 2011).

Re L Pension Scheme

Instructed by the DP of the Pension Regulator in proceedings brought against the professional trustee of a pension scheme for making scheme investments in breach of PA04 and FSMA.

Thompson v Fresenius Kabi Ltd [2013] Pens. L.R. 157 (Ch)

Acting for the company and sponsoring employer of the Fresenius Pension Scheme in (‘IMG style’) Part 8 proceedings. See also Fresenius Kabi Ltd & the Trustees of the Fresenius Pension Fund v Addelshaw Goddard & Xafinity Consulting (follow on professional negligence claim against solicitors and scheme actuary and consultant).

Foster Wheeler Ltd v Hanley [2008] EWHC 2926 (Ch); [2009] 1 C.M.L.R. 47; [2009] Pens. L.R. 39 (first instance)

Part 8 proceedings concerning the administration of an occupational pension scheme (equalisation; estoppel; extrinsic contract).

Re Man Truck Pension Scheme
Pension trust deed rectification claim (summary judgment).

Company / Trustee v Bluefin, SBJ Benefits, Miller Insurance (Re Charles Taylor & Co. Pension Scheme)

Acting for company/trustee advising on professional negligence claim against benefit consultants.

Appointments & Memberships

  • APL
  • ChBA
  • COMBAR
  • FSLA (Assistant Secretary & founding member)
  • IBA (former member of the Banking Law committee & ME sub-committee)
  • Registered to practice in the DIFC (Part II)

Awards

  • Queen Mother Major Scholar
  • Harmsworth Entrance Exhibitioner

Areas of Law


Recommendations


badgeFarhaz Khan Accreditations

Testimonials


“His judgement is impeccable. He’s very adaptable and will provide proper imaginative solutions” C&P 2017 Chancery

“An extremely bright and analytical barrister who demonstrates judgement well beyond his years.”
C&P 2017 Banking & Finance

“An expert on interest rate protection products and mis-selling.”
C&P 2017 Banking & Finance

“He’s very good at marshalling information and cutting through the complexity.” C&P 2017 Pensions

“He’s a good go-to person when a matter straddles pensions and financial services.” C&P 2017 Pensions

“I’d genuinely say he’s probably the best junior at the Bar for financial services work, he’s just excellent. He’s sensible, his judgement is impeccable and he will bring proper imaginative solutions.” C&P 2017 Financial Services

“He is proactive, helpful, very pragmatic and has the client’s best interests at heart.” C&P 2017 Financial Services

“He marries growing experience in pensions with a very approachable style.” Pensions, Legal 500 2016

“Very useful on his feet for commercial and banking matters.” Banking and Finance, Legal 500 2016

“…thoroughly recommended” by peers and is considered an “exceptionally smart lawyer.” He is “focused” and “employs a forensic approach.”
Who’s Who Legal UK Bar 2016: Banking

“A “brilliant tactician“. He continues to develop his standing in the banking sector following recent instructions involving securitization, market manipulation and documentation issuesC&P 2016 Banking & Finance

He’s got an excellent grasp of the subject matter.” “He has a lot of experience and enthusiasm. He gives very good analytical advice and is a very safe pair of hand.C&P 2016 Banking & Finance

“…an enviable financial services regulatory practice.” C&P 2016 Banking & Finance

“…a real star in banking disputes” who has “really shone as a junior in high profile cases” including “major banking disputes.” C&P 2015 Banking & Finance

Cultivating an excellent reputation in the FS sector following his prominence in highly publicised matters such as the Libor test case and the ‘London Whale’ litigation. He has considerable expertise in several key related areas such as banking and finance and chancery law, and advises on the full range of commercial and criminal FS work.” C&P 2016 Financial Services

Farhaz has excellent knowledge of the workings of the FCA, having been a practitioner there.” C&P 2016 Financial Services

He is definitely very, very experienced now in terms of looking at the regulator and regulatory vulnerabilities.” C&P 2016 Financial Services

A barrister with a fast-growing reputation in both contentious and non-contentious financial services work.C&P 2015 Financial Services

“…expertise not only in complex regulatory matters, but also in commercial, civil and criminal law” and “very impressive.” C&P 2015 Financial Services

He is excellent when it comes to banking and LIBOR stuff…” C&P 2016 Chancery Commercial

Attracts a great deal of praise relating to his handling of complex banking and finance work. He is also involved in pensions matters.C&P 2016 Chancery Commercial

A junior with a strong emerging chancery practice. He is regularly instructed on commercial litigation in the pensions and banking and finance sectors…He is an excellent lawyer with a rare mix of practicality and intellect….” C&P 2015 Chancery Commercial

A junior with great commercial acumen.” C&P 2015 Chancery Commercial

“…He is one of the best juniors for regulatory matters.” C&P 2015 Chancery Commercial

A well-respected junior with pensions and professional negligence expertise, who is a particular expert in the financial services sector. Strengths: “I can’t fault his judgement calls and I think he’s a great addition to any team.” “He is an up-and-coming star who is very bright and extremely personable.” C&P 2016 Pensions

“…a broad practice that combines his extensive pensions knowledge with expertise in banking and finance matters…an amazing ability to pick up anything and dissect it…C&P 2015 Pensions

He is noted for his intelligence and his involvement in a number of the most important pensions cases. Expertise: “He’s very bright”, “up and coming” and “a personable and approachable barrister.” C&P 2015 Pensions

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