Omar Ensaff

Viewing: Professional Negligence for Omar Ensaff

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 professional negligence disputes.
Omar has extensive experience in construction and engineering disputes (please see his separate Technology and Construction CV). As a result he has particular experience in relation to professional negligence matters in respect of the following professionals:
- Architects
- Engineers
- Quantity Surveyors
- Contract Administrators
Besides construction professionals’ negligence, Omar also has experience of professional negligence disputes involving the following:
- Solicitors
- Accountants
- Financial Advisors
- Insurance agents / brokers
- Valuers
Omar also has significant insolvency dispute experience (please see his separate Insolvency cv) and has experience of claims against insolvency practitioners and LPA receivers etc.
Omar accepts direct professional access and public access in appropriate cases.
Recommendations
“Clients trust his advice.”
Legal 500 2017
“Brilliant with construction matters.”
Legal 500 2016
“Practises above his call in construction matters.”
Legal 500 2015
“An effective construction specialist and strong litigator.”
Legal 500 2014
“Omar Ensaff is ‘analytical’ and ‘inspires confidence’ and he is ‘tremendously knowledgeable’”
Legal 500 2013
“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
“Advises a wide range of clients, from homeowners to national contractors, on a variety of construction disputes. He regularly appears in cases before the TCC in Birmingham.”
Chambers UK 2015
“Omar Ensaff is highly regarded in construction matters by both peers and instructing solicitors. He regularly represents builders, contractors and subcontractors, while he also has experience in handling insolvency and general commercial disputes. ‘He has impressed me because he is extremely user-friendly and explains matters simply to clients in what is potentially a complex area of law.’ He is always prompt and reliable, and goes out of his way above and beyond to deal with matters even when on annual leave on the other side of the world.”
Chambers UK 2014
“Great things are predicted for Omar Ensaff of No5 Chambers, who impresses the market with the tenacity he brings to his work. He is ‘very talented, a good advocate and a fine cross-examiner, who is intellectually very able.’”
Chambers UK 2013
“Omar Ensaff is noted as a junior of high calibre”
Chambers UK 2012
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 & 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