Introduction
Ishfaq has over 20 years of experience, maintaining a rounded and varied practice spanning employment, personal injury and commercial law. His attention to detail, commercial acumen and advocacy skills are highly regarded. Ishfaq delivers an attuned, versatile and up-to-speed service each time.
Equally at home in the employment and personal injury arenas, Ishfaq covers all aspects of employment tribunal advocacy and advisory work on the one hand, as well as a broad RTA, maritime and Employer’s Liability / Public Liability personal injury practice on the other. Clients instruct Ishfaq for his straightforward style and approach, excellent standard of advice and his adaptable style of advocacy.
Ishfaq’s wider arbitration, commercial shipping specialism and his international expertise includes advising on complex, technical and cross-border issues. Whilst free-standing practice areas in their own right, these at the same time enhance the service he can provide in his employment and personal injury specialisms. Ishfaq is able to deal with complex contractual issues sitting at the interface of commercial and employment law and international aspects of personal injury work.
Employment
Ishfaq intentionally maintains a balanced Claimant and Respondent practice. In doing so, he is aware of the latest developments, changes and tactical approaches. Ishfaq is open to and equally comfortable with almost any employment instruction, including appellate work.
Ishfaq has extensive expertise in all areas of employment law, many of which are complex and high value, including all aspects of dismissals, discrimination, redundancy, whistleblowing claims and TUPE. He is also skilled at some of the more specialized sub-specialisms of employment law, including equal pay claims, health & safety law and collective labour law.
A snapshot of Ishfaq’s recent employment law experience includes the following (the cases referred to can be found on the Employment Tribunal Decisions website):
- 2018: Representing a Respondent in a claim brought by the former CEO of a Multi Academy Trust (Mannix v Plymouth CAST).
- 2018: Successfully representing a Respondent in respect of a claim for unfair dismissal after a gross misconduct dismissal (Kumari v Arch Global UK Limited).
- 2019: Representing a Claimant in a disability discrimination case lasting 5 days.
- 2019: Successfully acting for a Respondent to defend claims of harassment
(Kaur v Capita).
- 2019: Successfully defending a golf instructor in respect of claim for pregnancy and maternity discrimination (Woodcock v Middleton).
- 2019: Successfully defending a claim by a Managing Director in respect of unfair dismissal (Moult v Paroh Ltd).
- 2020: Successfully acting in a claim for unfair dismissal, pursuant to regulations 4(9) and 7(1) of TUPE (Rumsey v (1) MPS Housing Ltd and (2) London Borough of Hammersmith and Fulham).
In the employment context, Ishfaq is a member of The Employment Law Bar Association, The Employment Lawyers Association, and The Industrial Law Society.
Personal Injury
Ishfaq’s personal injury practice is also predominantly balanced in nature between Claimants and Defendants. He regularly appears in multi-track, fast-track and otherwise complex or high value cases in the following focus areas:
- Road traffic accidents, including extensive experience in Credit Hire;
- Employer’s liability and occupier’s liability;
- Complex liability and quantum advices, including high-value quantum;
- Accidents on board ships / maritime or marine accident claims;
- International and cross-border claims involving a conflict of laws; and
- Allegations of fraud and/or fundamental dishonesty and multiple claimant claims. This includes allegations of fake passengers, exaggeration and staged accidents.
Commercial and Shipping
Ishfaq is a very experienced commercial barrister, specializing in shipping and international contracts. Ishfaq is a member of:
- The Commercial Bar Association;
- The London Shipping Law Centre;
- London Common Law and Commercial Bar Association; and
- The Chartered Institute of Arbitrators (MCIArb).
Ishfaq was also admitted to the Register of Practitioners of the Dubai International Financial Centre Courts in 2014 and has appeared before the Dubai World Tribunal.
Some of the recent cases Ishfaq has appeared in include:
- 2015: Katrina Shipping Co Ltd v Bankole Adefioye [2015] EWHC 1442 (Comm);
- 2015: Appearing successfully before the Dubai World Tribunal for the Defendant in a claim for damage due to the sinking of a vessel in drydock (DWT/0002/2014 – Gulf Boats Trading v Drydocks World – Dubai LLC);
- 2019: Appearing in a DIAC Arbitration in respect of breach of Charterparty Claim;
- 2020: Appearing in a seven-day LMAA Arbitration in respect of safe port warranty and liability for grounding; and
- 2021: Appearing in a two-day LOF arbitration.
Working with Ishfaq
Ishfaq prides himself on a hard-working, pragmatic and overtly sensible approach to evidential analysis, negotiation strategy and witness handling. Professional clients say he is able to ‘pick apart the issues’ with ease and that his ‘approachable and timely responsiveness’ is essential in complex, high-value cases. Ishfaq is fluent in Urdu, has a working knowledge of French and is able to read/understand some Arabic and Persian script.
Recent client testimonials include:
“Ishfaq’s dedication to a client’s case is palpable: he is quick to get into the brief and his cross-examination of opponents’ witnesses becomes instinctive. He grasps and recalls the fine detail, which makes him swift and effective.”
“Approachable, responsive and unflappable, Ishfaq anticipates how a case or a situation will develop and gives sound, commercial advice.”
“He is an excellent strategist; one you want on your team.”
Reported Cases
- PLC Arbitration Blog: Bremaining optimistic: impact on London arbitration following Brexit, with Andrew Dinsmore (July 2016)
- The Meaning of “Trip”: The Wehr Trave (April 2016)
- Direct Actions Against Insurers by Third Parties: the contract takes priority – The Yusuf Cepnioglu [2016] EWCA 386 (April 2016)
- PLC Dispute Resolution Blog: Arbitration, litigation and the growth of the common law (March 2016)
- Update: The Compensatory Principle – Glory Wealth Shipping PTE Ltd v Flame SA [2016] EWHC 293 (Comm) (Feb 2016)
- Jurisdiction Agreements, Declarations, Damages and Compatibility with Regulation 44/2001
- A critical discussion of the relationship between section 37 of the Senior Courts Act 1981 and section 44 of the Arbitration Act 1996.
- Repudiatory Breach, Damages and the Ability to Perform – The Glory Wealth.
- Employment law update on the cases of Nolan v United States (Court of Appeal, redundancy) and Gisda Cyf v Barrett (Supreme Court, unfair dismissal).
- ‘Clarifying forum shopping in absence of express choice’ published in Lloyd’s List on 15 December 2010
- ‘Ultimate Scope of Vice in Marine Casualties’, published in Lloyd’s List on 28 October 2010
- ‘Salvage Awards: the Ocean Crown’ published in International Trade and Transport Newsletter, Vol. 1, Issue 5
Education
Master of Laws in Commercial Law (including International Law, International Commercial Litigation, International Commercial Arbitration and Individual Employment Rights) – The University of Bristol, Distinction
Bar Vocational Course (BVC) – Inns of Court School of Law
LLB Law – The University of Bristol, First Class Honors
Appointments and Memberships
In addition to the memberships listed above, Ishfaq is also:
Committee Member – London Common Law and Commercial Bar Association (LCLCBA);
Secretary – Institute of Arbitrators, Thames Valley Branch;
Member – The Honourable Society of Lincoln’s Inn.
Ishfaq was also an external examiner on the Bar Professional Training Course (BPTC):
- Advocacy, Conference and Resolution of Disputes Out of Court (2013 to 2016);
- Commercial Dispute Resolution and Practice, International Trade, International Commercial Practice and Alternative Dispute Resolution (2016 to 2020).
