Mohammed Zaman QC

Introduction & Contact details

Mohammed has a wide-ranging commercial litigation and arbitration practice with an emphasis on company law, insolvency, civil fraud, breach of confidence and restraint of trade.

Chambers UK 2012 states that he "enjoys an impressive reputation for his wide-ranging commercial litigation practice that encompasses insolvency, company law and civil fraud. Sources are quick to praise his advocacy skills and commitment to strong client relationships".

He is frequently instructed in minority shareholders' disputes and insolvency related claims against directors; as well as defending directors in disqualification proceedings.

Mohammed's recent cases include a trial in the Dubai World Tribunal and the defence of the lead defendant in the complex Manton Trust litigation. He also had a longstanding involvement in the litigation that arose from the insolvency of Claims Direct plc including defending the claims brought by former shareholders under the Financial Services Act.

Qualifications

• LLB Warwick University
• Professional Associations
• Commercial Bar Association
• Chancery Bar Association

T:  020 7242 2523
E:  mohammed.zaman@hardwicke.co.uk

Commercial

Mohammed has an eclectic commercial practice involving cases of substance and high value.

Arbitration

Mohammed has extensive arbitration and international tribunal experience. He has been instructed in more than two dozen arbitrations under the CIArb rules; has been appointed as a sole arbitrator by the ICC, Paris and has appeared before the Special Dubai World Tribunal. 

Banking, Finance & Credit

The primary focus of Mohammed’s banking work is twofold: claims involving civil fraud in lending facilities and securities and the enforceability and construction of guarantees and indemnities.

Civil Fraud

Mohammed’s experience in civil fraud (which inevitably includes bringing applications for – or seeking to discharge – freezing injunctions) arises in the context of claims against directors, partners and former senior employees; and in fraudulent lending and securities facilities.

Employment

Mohammed has specialist expertise in the field of employees’ and directors’ duties, wrongful termination of employment, restraint of trade and breach of confidence.

Recent work:

• restraint of trade proceedings against an entire departing team of insurance brokers.
• restraint of trade and breach of fiduciary duty by a departing director of a leading international recruitment consultancy.
• disciplinary process relating to a NHS consultant.
• restraint of trade involving the Middle Eastern agent of major tobacco company.
• restraint of trade and breach of confidence claim by a car wholesaling company against departing employees.
• restraint of trade claim against a former employee of heavy industrial equipment manufacturer and against the new employer for procuring breaches of duty.

Franchising

Mohammed has experience in franchise disputes from the perspective of misrepresentation, as well as restraint of trade and breach of confidential information. He has acted in cases involving well known franchises such as Claims Direct, Jani King and Pirtek. He is closely involved in ADR procedures in franchise disputes including both formal arbitrations and mediation, as well as pre-emptive applications for injunctive relief.

Professional Negligence

Mohammed’s expertise in professional negligence claims is best demonstrated by a short selection of cases he has been involved in:

• claim against architects and builders for the negligent design and execution of a refurbishment scheme for pre-fabricated houses.
• claim against an architect for the negligent design of a showroom for earth moving equipment.
• claim against accountants for negligent advice in tax planning.
• claim against solicitors for negligence in conveyancing transactions.

Judicial Review

Mohammed has been instructed in judicial review (and analogous) proceedings as an adjunct to commercial claims. By way of example he was recently instructed in judicial review proceedings involving attempted recovery of payments made to NHS dental practices; and in raising public law points in directors’ disqualification proceedings.

Professional Discipline & Regulation

Mohammed has been instructed in disciplinary hearings conducted by ACCA and the NHS.

Companies

Mohammed’s company law work primarily focuses on shareholders’ disputes (unfair prejudice petitions, just and equitable winding up and derivative claims), claims against directors for breaches of duties and civil fraud. His experience in these aspects of company law means that he often appears for directors in disqualification proceedings.

Recent work:

• County Garages v Manton and others - acting for the principal defendant in a complex shareholders and trust dispute involving the demerger of a property owning company, in a trial lasting nearly 7 weeks.
• Basra and 213 others v Poole – acting for a former director of a LSE listed company in a claim brought by group of shareholders under the Financial Services Act alleging misrepresentation in the prospectus. Mohammed also acted for the former director in the associated disqualification proceedings.
• Lewis v Sharpe – acting for the defendant on the application to strike out a derivative claim for lack of standing; and on the application to discharge the freezing injunction. 

Insolvency

There is an overlap between Mohammed’s company law and insolvency practice in areas such as directors’ duties and directors' disqualification proceedings. He has on many occasions advised and appeared on strike-out applications of abusive winding up petitions; on applications to restrain the presentation of petitions; on issues of construction of the Insolvency Rules; in defending or asserting proprietary and trust claims; in retention of title claims, as well as appearing for and against directors and connected parties in the usual claims arising on insolvency.

Property & Private Client

Land & Real Property

Mohammed’s real property practice is diverse. Recent cases he has advised or appeared in include the following areas:

• a dispute over the enforceability of an option to acquire a freehold.
• a dispute over the assignment of an option to acquire a development site.
• the entitlement to object to first registration where the objector does not assert an interest in the land.
• the meaning and effect of completion notices in a substantial development contract exceeding £25 million.

Trusts

Mohammed’s trust law work is primarily related to his insolvency work, involving priorities as between creditors. One of his recent cases was Re Equilift (2010) in which the court considered the circumstances in which it would be appropriate for a liquidator to treat the funds that were the subject of potential trust claims as falling within company assets and therefore available for distribution amongst the body of creditors generally.