Omar Ensaff is a member of the Business & Property group at No5, and undertakes a range of cases in that field.
Omar 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.
Omar practices the following areas:
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 insolvency work, including, and in particular, directors’ disqualification matters.
Omar, together with Stephen Whittaker of No5, was commissioned, by Lexis Nexis, to author the new Corporate and Personal Insolvency Volumes of the Encyclopaedia of Forms and Precedents (i.e. Volumes 3(2) and 3(3)). The volumes were substantially rewritten to reflect the extensive changes that were brought about by the Insolvency (England and Wales) Rules 2016 and the abolition of the statutory forms
Omar has been regularly listed in either the Legal 500 or Chambers UK for Insolvency matters in the Midlands.
Examples of the type of dispute that Omar can assist with (and this is not an exhaustive list) are set out below:
Personal Insolvency:
Corporate Insolvency:
Directors’ Disqualification:
Omar has also provided lectures to R3 members in both the Midlands and London in respect of claims by insolvency practitioners and creditors against directors.
He also has particular expertise in insolvency procedures involving companies in the building and engineering industries (please see Omar’s Technology and Construction Profile).
Omar accepts direct professional access and direct public access in appropriate 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.
In the matter of (1) Liberty Holdings Unltd (2) Copperidge Developments Ltd sub nom Keith Owen v Secretary of State for Business, Innovation and Skills (2015) LTL
Permission to act application by disqualified director to be involved in the management of two companies where he had been disqualified under s.2 of the Act. Gives guidance as to the correct approach where there has been a s.2 disqualification.
Re Care People Limited (In Administration) [2013] BCC 466
Decision in respect of the valid appointment of an administrator by a qualifying floating charge holder.
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.
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.
Jackson v HMRC
Judicial review claim of decision by HMRC to vote against an IVA proposal by Mr Jackson.
Cropaid v Bimas
Application to restrain presentation of petition involving cross-border insolvency matters.
Secretary of State for Business, Innovation and Skills v Akhtar
3 day trial defending director disqualification proceedings (led by Michael Booth QC)
Multiple applications to restrain presentation of / advertisement of winding up petition
Multiple applications to set aside statutory demands
Multiple s.17 CDDA86 applications
Multiple defending of director disqualification cases
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:
Besides construction professionals’ negligence, Omar also has experience of professional negligence disputes involving the following:
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.
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.
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
Omar accepts direct professional access and public access in appropriate 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.
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:
Omar accepts direct professional access and public access in appropriate 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.
Uncategorised
The recent case of AZ v BY [2023] EWHC 2388 (TCC) highlights the dangers of relying upon without prejudice material in adjudications. The purpose of…
Uncategorised
We have all had that feeling when dealing with civil procedure. Have I missed a deadline? Have I overlooked a rule? Have I missed an…
"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."
"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."
"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."
"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.’"
"Omar Ensaff is noted as a junior of high calibre"
Uncategorised
The recent case of AZ v BY [2023] EWHC 2388 (TCC) highlights the dangers of relying upon without prejudice material in adjudications. The purpose of…
Uncategorised
We have all had that feeling when dealing with civil procedure. Have I missed a deadline? Have I overlooked a rule? Have I missed an…
