Omar Ensaff

Viewing: Commercial Litigation for Omar Ensaff

Omar Ensaff joined No5 Chambers 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:
Contract disputes, Misrepresentation claims, Disputes between franchisors and franchisees, Freezing injunctions, Search orders, Civil fraud claims, Conspiracy claims, Supply of services disputes, Supply of goods disputes, Business sale disputes, Share sale agreement disputes, Breach of warranty claims, Nominet disputes, Trademark infringement, Insurance disputes, Agency matters, Restraint of trade, Passing off, Economic torts, Shareholder disputes.
Disputes involving lenders – please see Banking and Financial Services profile (click on the link to the left under other CVs), Technology and Construction disputes – please see Technology and Construction profile (click on the link to the left under other CVs), Insolvency disputes – please see Insolvency profile (click on the link to the left under other CVs).
Omar accepts direct professional access and public access in appropriate cases.
Listed in the current 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 current 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 current edition of 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 current 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 current edition of 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 current edition of 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.
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 (
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.
Insolvency Lawyers Association
LLB (London School of Economics)
Cardiff High School