Introduction
Iqbal Mohammed is a specialist commercial barrister. He only undertakes commercial litigation, which includes real estate litigation and insolvency. Such claims may involve overlapping causes of action, such as negligence or restitution.
Iqbal was nominated for Commercial Lawyer of the Year by the Society of Asian Lawyers in 2017 and Barrister of the Year by the Birmingham Law Society in 2019. Iqbal is also studying an LLM part time in Commercial Law at the University of Birmingham and was awarded a distinction in his first year.
Recent Cases:
- Advising on and drafting Points of Defence for an LMAA arbitral claim for unpaid freight worth US$3m brought by a carrier; Iqbal studied carriage of goods by sea as part of his LLM and has good knowledge of shipping law relating to goods
- Advising on and acting for a council in a £1.12m claim for specific performance and breach of contract arising out of a refusal to honour an expert determination over a rent review; successfully resisted an appeal of the judgment (see article).
- Acted in a £500,000 commercial dispute between a company and former director, alleging breach of fiduciary duty and a claim to the profits made by his new company; secured a settlement at mediation well below the client’s bottom line.
- Advised on a claim against a Liquidator who negligently advised four directors and allegedly registered a sham debenture to dilute the creditors’ voting rights.
- Successfully petitioned the court to invalidate an administration on the grounds of an invalid appointment of a voting director (see article).
- Acting in a £500,000 commercial dispute involving an Indian company which lost an exclusive distribution agreement in breach of contract, with the English distributor taking its clients.
- Acting in a four-party dispute over non-payment of utilities in a claim under the Electricity Act 1989 and Utilities Act 2004in a claim of almost £100,000.
- Acting in a dispute between two firms of personal injury solicitors over a contentious transfer of clients and the operation of a solicitor’s lien.
- Obtained summary judgment in a large claim where the Claimant had caused two trial dates to aborted, notwithstanding the merits of the Claimant’s claim.
- Advised an American client on the validity of a break notice served by e-mail, in a dispute exceeding £1m.
- Acted in a £865,000 dispute over agricultural property where the Claimant disputed that the registered joint tenancy reflected the true intention of the parties, where she sought 66% of the beneficial interest.
- Acted in a claim under ignis suus, a claim for damages to stock caused by a deliberate fire started by an arsonist on the Defendant’s land.
Business and Property
Business & contractual disputes: Breach of contract claims involving the supply of goods or services; share purchase disputes; claims under guarantees, indemnities or warranties; claims under the Sale of Goods Act 1979, Supply of Goods and Services Act 1982, Consumer Rights Act 2005 or Unfair Contract Terms Act 1977. Iqbal was awarded a distinction on the LLM in 2018 for his papers on the Sale of Goods and Agency.
He also has significant knowledge of the law of agency and disputes arising out of agency agreements or otherwise concerning agents or factors. He has advised on several cases involving the application of the Commercial Agents Regulation.
Iqbal also advises on proceedings against companies registered in the EU (including the EEA). He is familiar with the Brussels II Regulation ((EC) No 2201/2003), Lugano Convention and Civil Jurisdiction and Judgments Act 1982.
Enforcement: Indemnity or guarantee claims; enforcement of judgments in England & Wales; and enforcement of judgments in the European Union. Iqbal has also drafted pleadings seeking to enforce judgments obtained in the United States.
Interim relief: Iqbal is familiar with the Circuit Judges that deal with injunctions as well as the specialist District Judges in Birmingham. Additionally, Iqbal acts in injunction applications nationwide.
He has considerable experience in the following kinds of injunctive relief applications: injunctions restraining the use of trademarks, other intellectual property or data; resisting injunctions for breach of restrictive covenants in sale agreements; injunctions requiring access to or delivery up of machinery, vehicles or goods under hire purchase or lease agreements.
Freezing orders: Iqbal has advised on and obtained orders on a national and worldwide basis. He can advise on evidence, legal procedure and draft orders. He is often instructed on an urgent basis.
Insolvency
Directors: Iqbal is instructed by directors fighting claims by trustees or the Insolvency Service, whether under they face a petition under Companies Directors Disqualification Act 1986, or misfeasance or other insolvency-related claims.
Corporate insolvency: Petitioning for or resisting winding up petitions, administrations or provisional liquidations; applications under s. 238 Insolvency Act 1986 (transactions at an under value), (preferences) or for a vesting order; proceedings against transactions defrauding creditors; claims involving fraudulent or wrongful trading; costs orders relating to insolvency proceedings; claims against Liquidators or office holders; issues of limitation and claims under restitution.
Injunctions: Iqbal has acted in many applications to restrain the advertisement or presentation of a winding up petition at short notice in the Rolls Building, Birmingham and Leeds Business & Property Courts.
Personal insolvency: Setting aside statutory demands; applying for or resisting bankruptcy; annulling a bankruptcy order; claims against third parties by the trustee (for example, preference payments, transactions at an undervalue, gifts); questioning of debtors; proceedings to secure foreign assets or beneficial interest in land.
Real Estate
Commercial property/leases: Claims involving disrepair, dilapidations or breach of covenant; claims for relief from forfeiture; challenging s. 146 notices; unreasonable refusal to consent to assignment/transfer; disputes over commercial licences; claims or applications to determine the meaning of words or acts under a lease or agreement; claims against guarantors.
Iqbal also acts in disputes over business rates and fees or charges related to or applied on land.
Landlord and Tenant Act 1954: claims under sections 25 or 26; claims involving the validity of opt out agreements under s. 38A; disputes involving the applicability or extent of Part II of the Act.
Residential property: Claims for possession; claims for rent arrears or disrepair; disputes over the nature of occupation (whether protected tenancy otherwise); challenging the validity of tenancies; s. 146 notices or forfeiture of long leases; service charge disputes; disputes with managing agents or freeholders; partnership or business disputes involving residential lettings; claims against lettings agencies; claims against guarantors or third parties.
Trusts/equity: Claims of beneficial interest in land; raising estoppel; disputes over the payment of deposits; property purchased in a personal relationship with or without a declaration of trust; family property; equitable relief involving land (declarations, specific performance); claims under Trusts of Land and Appointment of Trustees Act 1996; equitable leases.
Iqbal has acted in claims arising out of adverse possession of land as well as all manner of disputes involving mortgages or legal charges over land.
Injunctions: Injunctions restoring possession after forfeiture or resisting such injunctions; injunctions requiring access to land; injunctions against trespassers including travellers on commercial property or land belonging to local authorities; injunctions restraining interference with or use of land, including restraining nuisance, protecting an easement or right of way; injunctions to restrain harassment or disruption to quiet possession.
Education
Commercial Law LLM (with Distinction), University of Birmingham
Law LLB (Hons), University of Warwick
Bar Vocational Course, BPP Law School
Appointments and Memberships
Commercial Bar Association (ComBar)
Midlands Chancery and Commercial Bar Association (MCCBA)
Associate of the Chartered Institute of Arbitrators (ACIArb)
