Samir Amin

Viewing: Company and Partnership for Samir Amin

Samir joined Chambers following the successful completion of his pupillage, during which he was pupil to Yasmin Yasseri. Consequently, Samir has a broad experience of commercial, commercial Chancery and traditional Chancery work and he regularly appears in both the High Court and County Court.
Samir is dedicated to his clients and meticulous in the preparation of his cases. He is proactive, brings a forensic approach to the analysis of evidence and he has been commended for his legal research skills, attention to detail and outstanding grasp of civil procedure.
Samir has been instructed on a wide range of matters – in court; in mediation; and to draft advice, correspondence, applications, pleadings and skeleton arguments. He is also well versed in dealing with interim applications – including interim injunctions, relief from sanctions, summary judgment, strike-out, default judgment, alternative service, security for costs and pre-action disclosure.
Samir has recently worked on claims involving:
Contract, Tort and Agency
- Advising and acting on behalf of two companies and two individuals claiming breach of lease, unlawful eviction, trespass to goods, conversion, trespass to land, harassment and accessorial liability; and defending against a counterclaim alleging deceit and conversion
- Advising and acting on behalf of a London Borough Council co-defending against allegations of breach of statutory duty, negligence, conspiracy and procuring breach of contract
- Advising and acting on behalf of multiple claimants alleging deceit against a former international rugby player, now turned businessman
- Acting on behalf of a person, stationed abroad by her employer, accused of being negligent resulting in her dog biting another person. Involving consideration of the French Civil Code, the Rome II Regulation, negligence (English law), the Animals Act 1971, trespass (English law), the Limitation Act 1980, vicarious liability and an indemnity claim against an insurer denying liability
- Defending an individual against a claim seeking rectification of a contract on the grounds of unilateral mistake and/or mutual misunderstanding
- Acting for two law firms co-defending against a summary judgment application in respect of unpaid expert fees. At the hearing, the court in fact granted reverse summary judgment and made an indemnity costs order against the claimant
- Advising and acting on behalf of various professionals and firms, both at first instance and on appeal, claiming in respect of unpaid fees (often involving issues under the Solicitors Act 1974) and facing a defence based on professional negligence and a lack of contractual liability to pay
- Acting and advising in claims involving questions over the construction and breach of consumer and commercial contracts, exclusion of liability, estoppel, misrepresentation, unfair terms, deceit and implied terms
- Acting both for and against money lenders seeking to recover debts (involving issues of consumer credit, security, duties under the FSMA 2000, undue influence, duress and unconscionable bargains)
- Acting both for and against construction firms and contractors in relation to unpaid invoices, unjust enrichment, misrepresentation and negligence
- Accessorial liability, vicarious liability, basis clauses, misrepresentation and the various liabilities and rights of persons in the agent/principal/third party relationship
Injunctive Relief
- Injunction restraining trespass, entry into a defined perimeter, communication with certain individuals and further acts of harassment
- Injunction restraining a firm of solicitors, in possession of confidential information belonging to a former client, from acting for a third party against that former client
- Injunction ordering the delivery up of a vehicle (followed by contempt proceedings)
- Injunction mandating the removal of advertisements/notices from the windows and structure of a property
- Injunction mandating the removal of a fence interfering with a right of way
Equity and Trusts
- Advising and acting in multiple claims involving a declaration of beneficial interest (in both the sole and joint ownership, domestic and non-domestic context), proprietary estoppel, promissory estoppel and questions over severance and survivorship
- Acting in proceedings brought pursuant to TOLATA seeking the sale of co-owned land
- Advising a trustee on relieving themselves of their duties as trustee
- Advising and acting on behalf of a claimant seeking to establish a resulting and/or constructive trust and secure the return of trust property
- Advising and acting for a claimant seeking to establish unjust enrichment and obtain subrogation in relation to a formerly mortgaged property
- Advising and acting on behalf of the beneficiaries of an express trust where trust property was alleged to have been misappropriated and dissipated by numerous trustees over a number of years
- Advising and acting on behalf of a principal whose agent had acted in breach of his fiduciary duties in making secret profits
- Acting in winding up and bankruptcy petitions and associated applications including adjournment, statutory demand set-aside, restraining of presentation/advertisement, alternative service orders and validation orders
- Acting in a bankruptcy petition where the debtor, resident abroad, was denying that the English courts had jurisdiction
- Acting on behalf of two debtors where the supervisor in a PVA/IVA was refusing to return surplus funds pending payment of costs yet was refusing to provide a breakdown of costs
- Advising on the viability and obtaining of an insolvency administration order in order to undo the effect of survivorship on an insolvent estate
- Advising in relation to antecedent transactions – including transactions at an undervalue, preferences, transactions defrauding creditors and void dispositions
- Advising on insolvency provisions related to companies such as wrongful trading and phoenix companies
Companies and Limited Liability Partnerships
- Acting in applications for restoration to/rectification of the Register, extensions of time and other matters under the Companies Act 2006
- Advising a company in relation to the breaches of director’s duties committed by a former director in exploiting a corporate opportunity for his own gain and unlawfully interfering with the company’s trade via deceit of the company’s business contacts
- Advising in a contract dispute where one party purported to contract on behalf of a company pre-incorporation
- Advising on the validity (both internal and external) of the actions of a director acting in breach of a company’s articles and without a quorate board. Also advising in a related attempt to pierce the corporate veil
- Advising in relation to an exclusion from management and breach of a shareholders agreement in a quasi-partnership
Wills and Probate
- Actions related to wills and claims under the Inheritance (Provision for Family and Dependants) Act 1975
- Advising and acting in relation to a claim alleging misfeasance, breach of trust and breach of fiduciary duties against the executors and trustees of a will
- Advising on the interpretation of a will and the need for rectification in circumstances where it purported to bequeath a property that, on a strict reading of the will, did not exist
- Examination of persons pursuant to section 122 of the Senior Courts Act 1981
Real Property and Landlord and Tenant
- Advising and acting in possession order, charging order, order for sale and relief from forfeiture applications (both commercial and residential)
- Advising as to the existence, interpretation and enforcement of leasehold covenants, easements, restrictive covenants and other property rights
- Advising in claims based on equitable rights including proprietary estoppel, equitable mortgages and equitable leases
- Advising a developer on their riparian rights and rights to drainage
Further Experience
Prior to beginning pupillage, Samir spent a year as a paralegal at Fox, a boutique City law firm specialising in employment and partnership law. There, he gained invaluable experience of conducting litigation in the High Court, Court of Appeal, Employment Tribunal and Employment Appeal Tribunal.
This experience means that Samir is able to understand well both the practical needs of his professional clients and the wider commercial considerations which impact on his lay clients’ decision-making.
Major Scholarship, Inner Temple
Duke of Edinburgh Scholarship, Inner Temple
Queen Mary George Hind Mooting Competition – 2nd Place
London Universities Mooting Shield – 2nd Place
Lawson Mooting Competition, Inner Temple – 2nd Place
Inner Temple
Chancery Bar Association
BPTC, BPP University, London
LLB (Hons), Queen Mary, University of London