Omar Ensaff

Viewing: Banking Finance and Financial Regulation for Omar Ensaff

Omar Ensaff 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. As a result, he has experience of a variety of banking and financial services industry disputes.
The kind of dispute that Omar has dealt with (and this is not an exhaustive list) under the general heading of banking and financial services includes the following:
Disputes involving IFAs, Disputes between IFAs and IFA networks, Undue influence claims, Economic duress claims- Non est factum claims, Disputes between lenders and borrowers, Disputes between lenders and guarantors, Disputes between co-guarantors, Disputes between factoring companies and borrowers, Mortgage disputes, FOS claims, Misselling of financial products, Claims involving administrators, administrative receivers and LPA receivers, Disputes involving various forms of security (e.g. debentures, charges, mortgages, guarantees).
Omar accepts direct professional access and public access in appropriate cases.
Listed in the Chambers UK (2016) for the Midlands Bar for Construction where it states: “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.”
Listed in the Legal 500 (2015) for the Midlands and Western Circuit for Commercial, banking and insolvency matters: “Recognised for his strength in insolvency.” and “He is particularly well regarded in both personal and corporate insolvency.” Also listed for the Midlands Construction matters where it states “Practises above his call in construction matters.”
Listed in the Chambers UK (2015) in respect of construction matters: “Has a strong reputation for technical construction cases, as well as insolvency and commercial disputes. He represents a wide range of clients in construction matters, including builders, contractors and subcontractors. ‘He gets to the heart of the matter very quickly and gives robust advice.’”
Listed in the Legal 500 (2014) for the Midlands and Western Circuit for Commercial, Banking and Insolvency where it states the following about him: “‘An excellent all-round commercial junior” and “Insolvency and partnership disputes make up a major part of his practice.”. Also listed for the Midlands for Construction matters where it states: “An effective construction specialist and strong litigator.”
“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.”
Listed in the Chambers UK (2014) in respect of construction matters
“Specialises in transaction avoidance work, and acts in a number of insolvency matters for a broad array of clients.”
Listed in the Chambers UK (2014) in respect of insolvency matters
Expertise: “He gets to grips with cases very quickly, is very thorough in his preparation, and deals with clients very well.”
Notable Cases
Re Care People Limited (In Administration) [2013] BCC 466
Decision in respect of the valid appointment of an administrator by a qualifying floating chargeholder.
R (on the application of Bruce) v Financial Ombudsman Services [2007] EWHC 1646 (Admin); [2007] Pens. LR 287
A judicial review of a decision of the ombudsman.
Venture Finance v Tucker
Claim by factoring company against guarantor. Claim pleaded at over 700 000.
Hovers v Squirrel Financial Management Limited
Instructed to draft pleadings and advise on behalf of an IFA Network in claim being brought against it by former IFA.
Wilkins v Fountain Independent Limited
Acting for IFA Network in claim being brought against it by former IFA.
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.
Insolvency Lawyers Association
LLB (London School of Economics)
Cardiff High School