Farhan

asghar

 

Area of practice

  • Immigration, Human Rights and Public Law

  • Chancery and Commercial Litigation, Property and Estates

Farhan has a busy, multi-disciplinary practice with expertise in commercial litigation, property and estates, immigration, human rights and public law. Farhan has extensive experience in cases ranging from the lower courts to the Court of Appeal.

 

 

Immigration, Human Rights and Public Law

 

Farhan has expertise in all aspects of immigration work for both private individuals and businesses. He has considerable experience in working with vulnerable clients, including clients who lack the capacity to give evidence or conduct proceedings. His practice covers Points Based System applications, EU free movement legislation, immigration detention, deportation, illegal working and British citizenship.

 

Farhan’s diverse public law and human rights practice covers police, prisons, immigration, EU Law and the ECHR. He is regularly instructed to draft pleadings for judicial review claims and interim relief applications.

 

Chancery and Commercial Litigation, Property and Estates

 

Farhan is frequently instructed in a broad range of civil and commercial disputes from matters in the County Court to high-value claims in the High Court.

 

Farhan has a pro-active hands-on approach and is able to see matters from right from inception, at the pre-action stage, through to trial, as well as dealing with consequential matters such as enforcement and costs challenges. He has a very pragmatic approach and where appropriate, will advise on and conduct alternative forms of dispute resolution such as mediation.

 

Farhan has a substantial and wide-ranging property practice which encompasses all aspects of real property litigation and advice. He also has expertise in wills, probate and inheritance matters.

 

Some of the types of cases Farhan has experience in include: co-ownership and ToLATA claims; disputes as to the substantial and procedural validity of wills; applications for the removal of executors and trustees; breach of trust/breach of fiduciary duty claims; estoppel claims; undue influence and constructive trust claims; freezing orders; high value contractual disputes; company related disputes; partnership and shareholder disputes; and challenging costs decisions either on appeal or at detailed assessment proceedings.

 

Notable cases

 

RFM, N M, I B M (A MINOR) V SSHD  HU/12528/2019 – successful appeal to the Upper Tribunal concerning the application of MK V SSHD  [2017] EWHC 1365 (Admin), where the court found a child born to Indian national parents, who had not been registered with the Indian High Commission, was stateless and therefore entitled to leave to remain with reference to paragraph 276ADE of the Immigration Rules.

 

The Queen on the application of X and others v SSHD JR/6956/2017- The case involved very novel points of law with potentially wide-ranging implications in the field. The Upper Tribunal was asked to declare whether the SSHD has an implied power to delay decision making, for an unspecified period of time, where an applicant is under investigation for alleged offences by HMRC, even where there is no published guidance on the matter.

 

Ullah V Ullah F10CL410- Farhan is currently instructed in a large multi-million-pound claim  in the business and property court involving very complex claims for breaches of trust, dishonest assistance, and self-dealing.

 

R (on the application of RH) v Secretary of State for Justice CO/1757/2020 – Farhan is currently instructed by a prisoner challenging the lawfulness of his ongoing detention, due to his various underlying health conditions, in light of the Covid-19 pandemic.

 

 

Call: 2013

 

Inn: Lincoln’s Inn

 

Education: BA (Hons) Economics and Law – University of Leicester

                    BPTC- City Law School

 

Awards:      Law works and attorney general pro bono awards- runner up

                      University of Leicester entrance scholarship

                      The Jon Holyoak award

© 2018 Article 6 Law