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Saaman Pourghadiri

Saaman Pourghadiri

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Saaman is regularly instructed in complex multi-jurisdictional commercial and regulatory disputes with work often involving the intersection of these fields.

He has particular expertise in financial services, pensions, civil fraud and professional negligence.

His financial services/banking work spans:

(i) high profile investigations work such as acting for a senior trader in relation to the FOREX investigations, and acting for ENRC on matters arising from the SFO’s ongoing investigation, including the significant decision on privilege in SFO v ENRC [2017] EWHC 1017 (QB) (one of The Lawyer’s Top 20 Cases of 2017)

(ii) commercial/chancery litigation (acting on numerous claims relating to the mis-selling of interest rate hedging products, lender’s duties of good faith and LIBOR deceit claims); and (iii) advice on technical financial services matters.

Saaman’s professional negligence practice has a particular focus on:

(i) solicitor’s negligence, both in a regulatory context and advice and practice relating to pension schemes

and

(ii) financial institutions (actions involving banks, IFAs, personal pension scheme providers and others).

His pensions practice includes leading regulatory cases (Desmonds below), classic chancery pension litigation and a substantial advisory practice including scheme restructurings and buy-outs.

Saaman’s civil fraud practice includes massive multi-jurisdiction corporate frauds which involve the full range of jurisdictional issues, equitable causes of action and remedy, causation and loss and investment scheme frauds.
Saaman conducts his own advocacy in employment matters and deals with issues ranging from unfair dismissal and discrimination to TUPE and contractual claims in the civil courts.

Saaman studied law at the University of Oxford where he was awarded the Peter Carter prize for the best examination results at his college.

Commercial & Chancery

Current or recent work includes:

• A multi-faceted and substantial professional negligence claim against a major international law firm arising out of its conduct during a regulatory investigation

• A six week Financial List trial concerning a lender’s duties of good faith, LIBOR fraud and the mis-selling of interest rate hedging products which settled on the second day of trial

• A complex commercial fraud spanning multiple jurisdictions worth c$1 billion

• A significant dispute between an airline and payment services provider

Financial Services

Current or recent financial services and investigations work includes:

• Saaman acts for a number of individuals based in London and New York in the ongoing global investigations into the FOREX market

• Saaman acted for ENRC in a number of matters relating to the ongoing SFO investigation. This includes the significant recent decision on legal professional privilege in the context of internal investigations – SFO v ENRC [2017] EWHC 1017 (QB) (one of The Lawyer’s Top 20 Cases of 2017)

• During a secondment to the Bank of England’s Legal Directorate, Saaman assisted the Bank in developing and implementing a novel regulatory function created by EMIR

• Advising on the interpretation and application of the FCA Handbook and associated regulations.

Pensions & Trusts

Current or recent work includes:Current or recent work includes:

• The Desmonds Litigation – Saaman was led by Richard Hitchcock QC in this contribution notice case before the Upper Tribunal worth c£20m

• High Court litigation concerning employer contributions to a scheme alleging breach of implied terms in the Claimants’ contracts of employment

• Advising on the largest ever scheme buy-out in Britain in the context of a substantial professional negligence claim (led by Andrew Spink QC)

• Numerous rectification/construction matters• Advising on a scheme restructuring in the context of corporate transactions concerning the principle employer (led by Andrew Short QC)

• Advising in relation to a potential professional negligence claim in England and related Hastings Bass application in an offshore jurisdiction (led by Nicolas Stallworthy QC)• Advising in relation to tPR action to prohibit trustees• Advising on tax issues arising from the operation of Pension Schemes

Professional Negligence

Saaman is instructed in complex cross-jurisdictional commercial litigation and regulatory matters with a particular focus on financial services and pensions schemes. Saaman has particular experience of how regulatory obligations can inform and shape allegations of common law negligence. As sole advocate Saaman is experienced in handling fiercely contested interlocutory skirmishes before commercial court judges on the admissibility of expert evidence and disclosure – both critical issues in shaping the course of the litigation.

Current or recent work includes:

  • A multi-faceted and substantial professional negligence claim (led by Richard Lissack QC) against a major international law firm arising out of its conduct during a regulatory investigation.
  • Litigation against banks alleging negligent advice when selling interest rate hedging products to SMEs.
  • Litigation against pension providers alleging negligent advice and/or breaches of the FCA handbook when selling pension products to individuals.
  • Advising a pension scheme involved in a professional negligence claim against a major insurer and financial adviser.
  • Advising a major international law firm on the implications arising from its allegedly negligent drafting of a trust deed.

Employment & Discrimination

Saaman regularly deals with employment matters in the Employment Tribunal and civil courts. He regularly acts in multi-day hearings across a range of matters including unfair dismissal, discrimination, contractual claims and TUPE matters.

Appointments & Memberships

  • Association of Pension Lawyers
  • Chancery Bar Association
  • Financial Services Lawyers Association
  • The Commercial Bar Association
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