Practice

Zulfikar practices across all areas of construction, engineering, IT and energy sectors in both the domestic and international context.

He has experience of dealing with matters in a wide range of dispute resolution procedures including litigation, arbitration, adjudication and mediation. He has experience in advising and drafting pleadings in relation to all aspects of chambers’ work. As part of his role he has been asked to advise on tactical as well as legal issues and is experienced in pre-action matters, disclosure and the settling of witness statements. He has been instructed as junior counsel and appeared in a number of court and arbitration hearings as well appearing as sole counsel at various applications and hearings, including trial.

In addition to purely legal and tactical issues, Zulfikar also has experience of having to grasp the technical issues which underpin many of the cases in which he has been involved. Zulfikar has been involved in a large number of cases requiring the involvement of multiple experts of various disciplines and in particular, experts dealing with issues of quantum and delay. A number of his more recent cases concern claims for an extension of time and Zulfikar has experience of a variety of different approaches to delay analyses and their application to various factual circumstances within the context of construction, energy and IT projects.

Zulfikar is recommended in the most recent editions of Chambers and Partners UK as a leading junior in the field of construction.

International Arbitration

Zulfikar is familiar with arbitration and has acted and advised in arbitrations conducted under various arbitral rules and various governing laws in various jurisdictions including:

o Instructed as junior counsel in an SCMA dispute governed by Singapore Law concerning the wholesale conversion of a semi-submersible oil rig in a Rotterdam shipyard. The dispute concerned issues of variations, loss and expense and delay. In addition the dispute concerned legal issues regarding the proper scope and construction of a settlement agreement. Zulfikar was involved in providing advice, drafting pleadings, drafting disclosure requests and settling witness statements in London, Rotterdam and Singapore. He attended and was involved in all aspect of a two week preliminary issue hearing in Singapore in 2010, a further two-week hearing in 2011 and preparation for an eight week hearing in 2012. The matter was settled between the parties prior to that final hearing.

o Instructed as junior counsel in a four week ad-hoc arbitration concerning the construction of a private residence in the Bahamas. The dispute concerned issues of contractual interpretation, defects and loss and expense. Zulfikar was involved in drafting all written submissions and attended a four week hearing in Nassau. The dispute was governed by Bahamian Law.

Adjudication

Zulfikar is familiar with adjudication and has acted and advised in respect of adjudications conducted under various rules. He has been involved in various cases which involve adjudication and has experience at all stages of the process including pre-action tactical advice relating to adjudication commencement; advising and settling notices of adjudication, referral notices and other documents served during the adjudication process; advised on issues of jurisdiction during the adjudication process; advised on resisting adjudication awards in the TCC and instructed to enforce adjudicators awards in the High Court.

IT and Telecommunications

Zulfikar has experience of bespoke contracts in the IT industry and has advised on issues of contractual interpretation arising from an IT master services agreement and statement of works. In addition he has recently been instructed by the UK government in a large dispute regarding the supply, design, integration and operation of a major nationwide IT infrastructure project. The case concerns issues of defects and delay.

Domestic Construction, Engineering and Infrastructure

Zulfikar has experience of a wide range of claims and disputes arising in the construction and engineering context. Disputes have ranged from single domestic dwellings to large commercial developments including energy related projects such as power plants. He has experience of the following types of claim:

· Defects;

· Disruption, loss and expense;

· Delay, extension of time and liquidated damages;

· Final account and variations;

· Professional negligence of contractors, engineers and architects;

· Claims arising from joint ventures;

· Construction and enforcement of performance bonds;

· Contribution claims;

· Nuisance claims;

Zulfikar has advised on issues of contract formation, letters of intent, construction of terms, indemnity clauses, misrepresentation, interim injunctions, expert evidence, limitation issues and conflicts of law including jurisdiction and substantive law issues.

He has knowledge of the JCT, NEC and GC/Works standard form contracts and the DOM/1 standard form of sub-contract.

He is regularly instructed to appear in County Courts and the High Court in case management conferences, resisting enforcement of (or enforcing) adjudicators awards and to deal with all other types of applications.

Examples of recent work:

  • Instructed as counsel in respect of a number of final account claims on behalf of both employers and contractors.
  • Instructed as sole counsel representing a specialist flooring subcontractor in relation to a claim for breach of warranty
  • Instructed as sole counsel in a two day trial in the County Court on a preliminary issue concerning the identity of the parties to a contract and its terms.
  • Instructed as Junior Counsel in a commercial fraud case listed to be heard in the Chancery Division. The claim was compromised following the service of written opening submissions.
  • Instructed as Junior Counsel representing a firm of architects in relation to unpaid invoices and issues of contractual interpretation and fraudulent misrepresentation. Involved from disclosure through until final trials including appearances in the High Court in respect of a number of interim applications.
  • Instructed as Junior Counsel representing a firm of architects in a claim for breach of contract and professional negligence. Involved in attending conferences, providing written advice and settling pleadings.
  • Advised on issues arising from the payment provisions of an NEC 2 contract
  • Advised in relation to a potential claim arising out of the CITB levy

Reported Cases

Fitzroy Robinson v Mentmore Towers et al

[2009] EWHC 1552 (TCC)

[2009] EWHC 3070 (TCC)

[2009] EWHC 3365 (TCC)

General experience

He has experience of bespoke contracts in the construction and energy industries. He is familiar with the process of adjudication and the relevant statutory instruments. He co-authored an article for a Canadian law journal dealing with adjudication and some of the proposed changes in the draft Construction Contracts Bill. He also has a general interest in insolvency issues as related to the construction industry and given a lecture on the main issues as well as writing on the subject.

Zulfikar has drafted pleadings and advised on claims regarding breach of contract, professional negligence and restitution and also has experience of equitable claims and remedies including those arising from trusts and proprietary estoppel and other claims arising out breach of fiduciary duties in cases of commercial fraud.

Qualifications and Awards

2006 — 2007 University of Oxford, Pembroke College BCL

2005 — 2006 Inns of Court School of Law Bar Vocational Course; Very Competent

2002 — 2005 University College London LLB (Hons); 1st Class

2005 Awarded the Lord Justice Holker Award from Grays Inn

2005 Admitted to the Deans List of Honours for the UCL Faculty of Laws

2004 Awarded the Simon Wallace Memorial Prize for Contract and Tort

Please contact our senior clerks, Simon Slattery and Justin Wilson, for further information.


Download CV