Introduction
Iqbal Mohammed is a specialist barrister with expertise in commercial and real estate work. He is a member of the Property Bar Association and the Midlands Chancery and Commercial Bar Association. Iqbal also undertakes some insolvency work.
Iqbal’s practice has an emphasis on trial work and injunctions; often instructed from the pre-action stage through to trial. He has acted in trials up to 8 days and is instructed by local and national firms. He is instructed on several injunction applications in any year, often urgent.
As a confident and friendly advocate, Iqbal is highly regarded by lay clients and solicitors, who appreciate his straight-forward advice and written work, where clarity is the touchstone. His early instruction allows for strategic advice on the shape of the litigation to trial, or earlier resolution, which focuses on the clients needs, budget and commercial interests. Clients always appreciate his clear analysis which allows them to make decisions.
Iqbal was nominated for Commercial Lawyer of the Year by the Society of Asian Lawyers in 2017, Barrister of the Year by the Birmingham Law Society in 2019 and in 2021.
Most of Iqbal’s work is multi-track or High Court litigation, particularly in local court centres, where he appears before Circuit and High Court Judges. He uses Liquid Text software to prepare, plan and analyse thousands of pages of bundles which gives him an excellent grasp of the papers at court.
Other than work, Iqbal is a very enthusastic DIY-er, cyclist and Lego fan.
Commercial and Chancery
Iqbal is experienced in acting in a wide range of commercial disputes, arising out of contract, tort or statute. His strong academic background and broad practical experience gives clients confidence in his advice and assessment. His work on unfair contract terms has been published by the Bar Council as it related to barristers.
Iqbal has been instructed by local authorities, banks, law firms (as clients) and many limited companies; he is client-focused and practical in his advice, no matter the client, priding himself on providing accurate and legal advice.
He has acted in disputes relating to the supply of goods or services worth several million pounds, including JCTs. His advice is often sought on the termination of contracts or their alleged breach, including whether claims should be issued, defended or settled. Outside court, Iqbal has acted in heavy commercial mediations where he has been instrumental in settling above the bottom line and arbitrations through the LMAA.
In addition, Iqbal has been instructed on highly technical legal disputes, for example on the validity of appointment of directors and other intra-company disputes, including unfair prejudice and derivative claims. Iqbal has also been instructed on harassment and defamation claims to successful outcomes.
Injunctions
When it comes to injunctions, Iqbal has been instructed on the entire breadth of applications in this area, whether it is obtaining an order for the delivery-up of prestige vehicles (Ferraris, Lamborghinis), freezing injunctions or orders enforcing contractual covenants. He has also obtained injunction relying on pure equitable principles. Iqbal is instructed to draft or review statements and can, if required, draft all the documents required for such applications. He has significant experience in the Business and Property Courts in Birmingham and London (including the Applicants List at the RCJ).
Reported cases: Ubhi Construction Limited v Aspire Enterprises (UK) Limited [2024] EWHC 1089
Sprout Land Holdings Ltd (In Administration), Re [2019] EWHC 807 (Ch); [2019] B.C.C. 893
Real Estate
The majority of Iqbal’s work relates to ownership disputes based on trusts of land, especially Common Intention Constructive Trusts. Iqbal is often instructed on hotly disputed claims where there is a family or other close relationship and involves extensive factual evidence stretching back decades.
That said, he undertakes significant work involving commercial leases, whether it is under the LTA 1954, dilapidation claims or others based on a breach of lease. His work in this area involves borderline legal questions which require both sounds legal knowledge and practical experience before judges.
Iqbal has been instructed to work on applications before the First Tier Tribunal and other county court claims, such as adverse possession, easement claims or asserting other property interests. Most of Iqbal’s work in this field relates to claims in nuisance. He has the rare privilege of having tried (but sadly lost) a third-party fire liability case (previously known as ignis suus); such claims are rarely litigated. He was also successful in a rare case challenging a purchase by a bona fide purchaser without notice.
Where appropriate, Iqbal will advise on, and make good, applications for summary judgment, especially where claims of an interest in land are specious or technically deficient. Iqbal has successfully obtained summary judgment in substantial cases, including those where claimants play off the Family and Civil jurisdictions.
Injunctions
Many Iqbal’s instructions for injunctions relate to commercial property, either seeking to restore possession or defending such an application. Iqbal has acted in a substantial number applications on behalf of tenants subject to forfeiture and occasionally on behalf of landlords. He has also acted in applications seeking to protect or enforce property rights before a claim is determined, especially where access has been obstructed or a client is deprived of their enjoyment of land.
Reported cases: Hussain v Hussain [2021] EWHC 1954 (Ch)
Insolvency
Iqbal has a niche practice in insolvency focusing on “real and substantial disputes” over indebtedness, whether its corporate (winding up petitions) or personal (bankruptcy). Iqbal has acted in several complicated petitions to wind-up, including one where he was, successfully, led by Mark Anderson KC.
Otherwise, Iqbal acts in claims brought by Liquidators against directors, predominantly for directors, including misfeasance, transactions at an undervalue and preference.
He has also been instructed to defend directors facing disqualification under Companies Directors Disqualification Act 1986, in relatively serious applications, usually where the disqualification period sought is 3 years or more.
In this field, most of Iqbal’s court work focuses on “real and substantial” disputes and claims brought by Liquidators. However, most of his instructions for mediation arise from the latter, where directors are looking for pragmatic conclusions without significant litigation cost.
Injunctions
Most of Iqbal’s instructions for injunctive relief in insolvency are for injunctions to restrain presentation or advertisement of petitions. These are high tempo, urgent and often require substantial work out of hours or overnight. Iqbal has successfully obtained such injunctions in favour of many companies even against local authorities with respect to business rates. Iqbal and his clerks liaise closely with the Business and Property Courts in Birmingham and often obtain hearing dates within a week of instruction.
Reported Cases: JT Development Solutions Ltd & Anor v Secretary of State for Education Acting Through the Education Skills Funding Agency [2021] EWHC 2943
Education
Commercial Law LLM (with Distinction), University of Birmingham
Law LLB (Hons), University of Warwick
Bar Vocational Course, BPP Law School
Appointments and Memberships
Midlands Chancery and Commercial Bar Association (MCCBA)
