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Farhaz Khan

Farhaz Khan

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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.

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


“Impressive beyond his year of call.” Pensions, Legal 500 2017

“Highly flexible and punching well above his weight.” Financial Services, Legal 500 2017

“He has a very bright future.” Banking and Finance, Legal 500 2017

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

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

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

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

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

“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.” Financial Services, C&P 2017

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

“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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