Ali Tabari Commercial Litigation

Call: 2006

Introduction

Described as ‘an impressive advocate’, and ‘very approachable, responsive and friendly’ by Chambers & Partners 2018, and ‘a highly skilled and persuasive advocate’ by the 2017 edition of Legal 500, Ali has a busy and thriving commercial practice specialising in the often-overlapping areas of banking/finance, insolvency and professional liability as well as core commercial litigation work. He regularly appears in lengthy trials in the High Court, and has been instructed alone in the Court of Appeal several times. He has recently been a led junior in cases concerning defective share sale agreements, fraudulent trading by a company director, and civil orders resulting from the largest-ever successful prosecution by the Serious Fraud Office.

First and foremost, Ali is a confident courtroom advocate who is diligent, proactive and approachable. He welcomes early involvement so as to help formulate a strategy in line with the client’s commercial objectives, and his advice is robust, pragmatic and realistic. Ali’s responsive and collaborative style is well-suited to urgent applications for injunctive relief, as well as applications for security for costs and third party costs orders, all of which are regular features of his fraud and insolvency practice areas. Ali is an accredited civil/commercial mediator through ADR Group, and uses those skills when instructed as the advocate in mediations.

  • In banking/finance work, he has conducted numerous trials on behalf of major international institutions involving issues of fraud, undue influence, duress, misrepresentation, estoppel and sham trusts, often providing strategic advice at an early stage. Away from pure banking work, Ali has substantial experience in asset finance, particularly automotive.
  • Ali’s insolvency practice encompasses wide-ranging claims for fraudulent trading, misfeasance, TUV/preferences and transactions to defraud creditors, alongside directors’ disqualification work and other procedural applications.
  • His professional liability work has seen him represent claimants and defendants alike in matters concerning solicitors, surveyors and IFAs, and other insurance claims involving matters as diverse as fire damage and agronomy services. His extensive experience has made him fully conversant with the commercial considerations which drive strategy in insurance-funded litigation.
  • In addition, Ali’s broad knowledge base regularly attracts instructions in unfair prejudice petitions and shareholder disputes.

Ali has recently contributed articles to Corporate Rescue and Insolvency, Insolvency Intelligence and the Lexis Nexis insolvency blog, and he is a contributing author to the Lexis Nexis practitioner notes and precedents on Part 36 offers. He regularly delivers seminars to solicitors and professional networks on a range of topics within his core specialisms. Ali is qualified to accept instructions under the Direct Public Access scheme, where appropriate. He is fluent in Farsi, and has a good working knowledge of German and French.

What the Directories Say:

  • “Very incisive, thorough and great to work with.”, “Technically sound and very commercially minded.”, “He is a pleasure to deal with and has a splendid manner with clients and witnesses alike.” and”He’s very commercial, efficient and thorough in his approach.” “He is fabulous at building a rapport with clients – he offers clear advice in everyday language and is always one step ahead.” – Chambers UK 2019
  • “Very personable, nimble on his feet, concise and pragmatic.” – Legal 500 2019
  • “He’s very well versed in his subject area and an impressive advocate. He’s able to put the client at ease with his confident grasp of the subject material and he comes up with inventive suggestions for maximising the best result at trial.” “He is very approachable, responsive and friendly. It’s a real pleasure working with him.” – Chambers UK 2018
  • “He is able to deal with tricky opponents and offers sensible, commercial advice.” “Ali is a pleasure to work with, he is really personable and always makes time for his clients.” – Chambers UK 2018
  • “A highly skilled and persuasive advocate.” – Legal 500 UK 2017
  • “He works immensely hard. A very bright and persuasive advocate with excellent knowledge.” “He is absolutely fantastic, he gives such good, measured advice and has a good way of explaining things to clients in ways which they can understand.” – Chambers UK 2017
  • “He has a fantastic ability to break down complex legal ideas; he is pragmatic, sensible and exceptional on his feet.” – Legal 500 2016
  • “Has a knack for getting to the root of an issue quickly.” – Legal 500 2015
  • “A very good up-and-coming junior.” – Legal 500 2014
  • Highly commended – Legal Week’s Stars of the Bar 2013

Reported Cases:

  • Tongue v RSPCA [2017] EWHC 2508 (Ch)
  • American Express Services Europe Ltd v Al-Shabrakah [2015] EWHC 3004 (QB)
  • Nelson v Circle Thirty-Three Housing Trust Ltd [2014] EWCA Civ 106
  • Secretary of State for Business, Innovation and Skills v Williams and Weston [2014] EWHC 2933 (Ch)
  • Chatfields-Martin Walter Ltd v Lombard North Central plc [2014] EWHC 1222 (QB)
  • Chatha v Uppal [2012] EWHC 2150 (Ch)
  • Eleftheriou v Costi [2013] EWHC 2168 (Ch)

Recent Experience:

  • Instructed for the office holder in a £1m fraudulent trading claim (ongoing)
  • Led by Ed Pepperall QC in a claim for breach of warranty in a share sale agreement, settled at mediation
  • Acted in a £1m dispute between a mortgage broker and a property developer, settled at trial mid-way through Ali’s cross-examination of the claimant
  • Acted for a multinational bank in a trial involving issues of undue influence, misrepresentation and allegations of sham – succeeded at trial and resisted an oral permission application at the Court of Appeal
  • Acting for the defendants in a claim brought by a former England footballer to recover fees allegedly misappropriated by his agents (ongoing)
  • Acting for a financier in a dispute surrounding the title to a luxury sports car (ongoing)
  • Represented the petitioner in an unfair prejudice petition arising from the break-up of two linked telecommunications companies, settled at mediation

Commercial Litigation

Ali Tabari is a member of the following specialist practice groups where detailed CV’s can be viewed by clicking on the links below:

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