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 which includes a significant amount of work in the construction and technology fields. In particular, he is the only junior in the Midlands with extensive experience in technology and construction disputes. He is also a former committee member of TECBAR.
In addition to his construction disputes practice, Omar has significant experience of general commercial disputes including insolvency matters.
Omar has been regularly listed in either the Legal 500 or Chambers UK for Construction matters in the Midlands.
EXPERIENCE
- Regularly appears in the Technology and Construction Court
- Familiar with construction industry standard terms
- Experienced in a wide range of building and engineering disputes, including: those concerned with residential development, commercial premises development, civil engineering projects (including bridges and motorways), HVAC matters, electrical and mechanical matters, manufacturing machinery issues, and many other cases which have a building, engineering or any type of technical subject matter
- Familiar with adjudication – in respect of not only representing parties in an adjudication but also the enforcement of adjudicators’ decisions
- Experienced in Part 8 claims regarding jurisdiction of adjudicators and declarations in respect of the same
- Extensive trial experience in matters concerned with building disputes
- Experienced in information technology disputes, including those concerned with website development and the provision of computer hardware and software
- Familiar with the type of issues that are frequently encountered in construction cases, for instance, delay and disruption, liquidated damages, extensions of time, quantum meruit claims, defect claims, variations/additional work etc
- Experienced in professional negligence cases, including, valuers’, surveyors’, architects’, engineers’ and contract administrators’ negligence
- Has detailed knowledge of insolvency procedures and how they impact upon companies and businesses in the building and engineering industry, Unlike others who specialise solely in the construction field, Omar has experience in general commercial litigation and insolvency matters. These are crucial in being able to give rounded commercial advice to clients involved in construction disputes.
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
Omar has experience of adjudications, arbitrations and trials. Below is just a sample of the cases he has been involved in;
Niken Construction Limited v Trigram Carver Street Limited [2016] EWHC 2232 (TCC)
Adjudication enforcement proceedings.
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).
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.
“X” Local Authority (name cannot be disclosed)
Advising local authority regarding asbestos contamination during refurbishment works at a primary school
Heran v Jaswal: Birmingham TCC
Claim. Final account/defects claim. Settled just before 5-day trial.
X v Y (names cannot be disclosed)
Multi-day arbitration regarding a claim for payment for additional / varied work
Paragon v Construction Industry Training Board
Appeal against training board regarding an assessment to levy.
Trustees of Sidh Baba Balak Nath Ji Society v Magnum Security
Muti day trial regarding a CCTV installation contract at a temple
“X” Local Authority (name cannot be disclosed)
Advising local authority regarding the delay in the construction of a railway bridge.
Blair v Danesh
300, 000 claim which was an unusual case, as it involved allegations of undue influence regarding a building project and project management contract. Culminated in a 14-day trial.
Onny v Thomson
A five-day trial acting for developer in respect of his final account. Counterclaim by homeowner for defects.
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).
Hadleigh Partnership Limited v Aceramais
Acting for builder in enforcing an award of 800 000 against a BVI company developer, including obtaining a freezing injunction.
X v Y [2008] (names cannot be disclosed)
Acted for one of Britain’s largest private house builder in arbitration involving issues of misrepresentation, non-reliance clauses, breach of contract and limitation of liability issues.
Multiple cases between homeowners and builders
Multiple adjudications acting for employer, main contractor or subcontractor etc.
Memberships
TECBAR
MCCBA
Qualifications
LLB (London School of Economics)
Cardiff High School
