Omar Ensaff began his practice and joined No5 in June 2004. Before joining chambers he was the Judicial Assistant to the Vice-Chancellor and Lord Justice Buxton at the Civil Division of the Court of Appeal.
Since joining chambers Omar has developed a general commercial practice encompassing a variety of commercial litigation disputes both in the High Court and in the County Courts.
Examples of the type of dispute that Omar can assist with (and this is not an exhaustive list) are set out below:
- Civil fraud claims
- Contract disputes
- Misrepresentation claims
- Disputes between franchisors and franchisees
- Supply of services disputes
- Supply of goods disputes
- Business sale disputes
- Share sale agreement disputes
- Breach of warranty claims
- Nominet disputes
- Insurance disputes
- Agency matters
- Restraint of trade
- Passing off
- Economic torts
- Shareholder disputes
- Freezing injunctions
- Search orders
- Arbitrations
- Disputes involving lenders, enforcement of security etc.
- Technology and Construction disputes – please see separate Technology and Construction CV
- Insolvency disputes – please see separate Insolvency CV
Omar accepts direct professional access and public access in appropriate cases.
Recommendations
“Clients trust his advice.”
Legal 500 2017
“He’s excellent, clients like him because he’s practical, commercial and speaks in language that they can understand.” “For construction disputes he is brilliant as he’s very thorough, very detailed.”
Chambers UK 2016
“Clients love him because he is reliable and clearly knows what he is talking about.”
Legal 500 2016
Notable Cases
In the matter of Flexi Containers Ltd sub nom Kate Elizabeth Breese (liquidator of Flexi Containers Ltd) v (1) Alison Helen Hiley (by her litigation friend Herbert Hiley) (2) Abby Hiley (3) Alexander Philip Hiley (2018) [2018] EWHC 12 (Ch)
Multi-day trial before HHJ Davis-White QC in Leeds defending preference and transaction at an undervalue claims.
Abena UK Ltd v Zackaria and Ors (2015) [2015] EWHC 3416 (QB)
Civil fraud claim and defending application relating to worldwide freezing injunction.
Re Care People Limited (In Administration) [2013] BCC 466
Decision in respect of the valid appointment of an administrator by a qualifying floating chargeholder.
Saint Gobain v CA Blackwell and Tencate: Multi-party Birmingham TCC
Claim regarding the design and construction of access roads at a wind farm. Settled at mediation.
Robert Steer t/a Senate Grand Prix v Grand Prix Adventures Limited 13 Aug 12 Nominet reference D00010482
Nominet domain name dispute over right to use certain website names in motor racing industry.
Aida Cruises – German Branch of Costa Crociere S.p.A. v. Farhad Khamissa; 16 Sep 13. WIPO Arbitration and Mediation Center domain name dispute – case number. DME2013-0009
WIPO domain name dispute between German cruise company (Aida Cruises) and an individual who had registered his daughter’s name as a domain (www.aida.me).
Gilbert Deya Ministries v Kashmir Broadcasting [2010] EWHC 3015 (Ch)
Application to restrain advertisement of winding up petition. Establishes that a creditor cannot use the unregistered company winding up procedures (under Part V of the Insolvency Act 1986) to wind up a trust.
Aceramais Holding Limited v Hadleigh Partnership Limited [2009] EWHC 1664 (TCC)
Defending Part 8 claim concerned with declaratory relief in respect of an ongoing adjudication (3 day trial).
Wynnstay v R and R Pigs and others
A four day trial in the Chancery Division at the Birmingham District Registry before HHJ Simon Brown QC defending a s.423 IA 1986 application made by a creditor against the debtor company and the debtor company’s directors.
SABT1 v Various defendants
Claim by fried chicken takeaway franchisor against various renegade franchisees including claims of trade mark infringement.
MDG Automation v The Greenbox
Claim in respect of sale and supply of bespoke piece of laser welding machinery.
McKenzie O’Brien Butcher v Smith [2009] Lawtel 7/12/2009
Trial in respect of dispute over the supply of meat products by wholesaler to retailer.
Venture v South West
Acted for franchisees in respect of claim brought against them by franchisor.
Nationwide Legal Services v various defendants
Dispute between will writing franchisor and various disgruntled franchisees. Over 10 trials in a 12 month period.
Venture Finance v Tucker
Claim by factoring company against guarantor. Claim pleaded at over 700 000.
IGF v Hughes
A four day trial acting for factoring company seeking to enforce its charge against home of debtor company’s director. Allegations of non est factum, misrepresentation and improperly executed documents.
Blair v Danesh
An undue influence claim, in excess of 300 000, which culminated in a fourteen day trial.
Memberships
MCCBA
TECBAR
Qualifications
LLB (London School of Economics)
Cardiff High School
