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Sheriar Khan

Call: 2022

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Overview Expertise Related Insights, Events & Cases

Sheriar Khan specialises in Atkin’s core practice areas of construction & engineering, infrastructure, energy, international arbitration and technology.

He provides advice, drafting and representation and has experience at all stages of litigation, arbitration and adjudication.

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Sheriar’s recent instructions include acting as junior counsel for a defendant in c.£28m High Court proceedings concerning alleged defects in a care home; as junior counsel for the claimant in High Court proceedings concerning allegations of professional negligence against a project manager and supervisor; and as sole counsel for the claimant in the TCC seeking enforcement of an adjudicator’s decision.

Before coming to the Bar, Sheriar worked as a Judicial Assistant to Mr Justice Waksman (current Judge in Charge) and Mrs Justice O’Farrell (previous Judge in Charge) in the Technology and Construction Court (TCC).

Prior to that, he undertook a year-long traineeship with Freshfields Bruckhaus Deringer in Frankfurt and worked on several international commercial arbitrations. Sheriar holds degrees from the London School of Economics (LSE) and the University of Cambridge.

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“Sheriar is a fiercely intelligent and exceptionally diligent junior, whose approach is both strategic and commercial. His analysis of both the facts and the law consistently cuts straight to the crux of every matter he is instructed on, in a manner accessible to both instructing solicitors and lay clients alike.”

A client

Expertise

Sheriar has worked on a wide range of technically complex construction and engineering disputes and is familiar with bespoke and standard form construction contracts including JCT and NEC forms. Recent experience includes:

  • Acting as junior counsel in c.£28m High Court proceedings concerning alleged defects in a care home.
  • Acting as junior counsel in High Court proceedings concerning allegations of professional negligence against a project manager and supervisor.
  • Acting as junior counsel in High Court proceedings concerning a claim by homeowners against a major developer in connection with the defective construction of a property which suffers from a range of defects, including a lack of fire protection.
  • Acting as junior counsel on behalf of a design and build contractor in High Court proceedings concerning a final account dispute, which raises issues in relation to payment, alleged defects, delay, practical completion and a disputed termination.
  • Drafting pleadings in High Court Proceedings in respect of a dispute involving the design and construction of a new football pitch.
  • Drafting submissions on costs in High Court proceedings concerning alleged design and workmanship defects in the construction of a warehouse.
  • Drafting numerous advices in relation to the Building Safety Act 2022, particularly in relation to the new Higher-Risk Building regime.
  • Acting as sole counsel on behalf of homeowners in the County Court in respect of a claim by a contractor for sums deducted during the contract works under a Pay Less Notice.
  • Acting as sole counsel on behalf of homeowners in the County Court in respect of a claim for incomplete and defective work.
  • Advising on the merits of a claim worth over £1m for uninsured losses arising out of a pipe burst during construction works.
  • Drafting Particulars of Claim on behalf of an employer in a fire safety defects claim arising out of defectively designed and constructed cladding works by a sub-contractor (during pupillage).
  • Drafting advice on limitation in a claim by a main contractor against its sub-contractor for allegedly defective refurbishment works (during pupillage).
  • Drafting Particulars of Claim alleging negligent design of a pipeline system by hydraulic engineers (during pupillage).
  • Drafting advice for an employer on compensation event issues in an amended NEC contract (during pupillage).
  • Drafting a Defence in a cladding claim against an architect arising out of fire safety defects (during pupillage).
  • Drafting advice on fire safety issues and limitation in a prospective claim against a developer (during pupillage).
  • Drafting advice on the contractual interpretation of clauses under an amended JCT Standard Build Contract (during pupillage).
  • Drafting advice on time at large issues under a JCT Standard Build Contract (during pupillage).
  • Assisting in drafting an advice with regard to principles of legal causation in a claim concerning the defective design of a warehouse (during pupillage).
  • Drafting advice in relation to a call on a performance bond under a shipbuilding contract (during pupillage).
  • Drafting advice on the contractual interpretation of insurance clauses under an amended JCT Intermediate Building Contract (during pupillage).
  • Drafting advice relating to the interpretation of exclusion clauses in a construction contract (during pupillage).

Sheriar’s energy and natural resources experience includes:

  • Drafting advice on termination issues under a bespoke framework services agreement for the supply, installation and commission of an emission controls plant (during pupillage).
  • Drafting a Statement of Defence in an English law governed LCIA arbitration in relation to a dispute arising out of the sale of petroleum products (during pupillage).

Acting as sole counsel in multiple adjudications and in enforcement proceedings, for example:

  • Successfully representing a claimant as sole counsel in High Court proceedings to enforce an adjudicator’s decision.
  • Successfully defending a smash and grab adjudication valued at c. £330,000 referred by a sub-contractor under an NEC Contract.
  • Acting as sole counsel for the employer in various adjudications concerning a project worth nearly £1 billion, including acting in a c.£5.5 million adjudication in respect of various claims brought by the contractor.
  • Acting for a main contractor in an adjudication worth over £1.1 million arising under an NEC contract regarding the provision of electronic communications services.
  • Representing the claimant as sole counsel in TCC proceedings to enforce an adjudicator’s decision.
  • Acting for the employer in multiple smash and grab and true value adjudications.
  • Acting for the employer in a smash and grab and true value adjudication worth £540,000.
  • Acting for the employer on two simultaneous adjudications in respect of two separate projects.
  • Advising on prospects of success for a responding party in an adjudication.
  • Advising on prospects of success in relation to an adjudication concerning a residential property dispute, raising issues of defective design.
  • Assisted a senior junior with advising on issues relating to the statutory payment provisions.
  • Drafting advice on the merits of challenges to enforcement of an adjudication decision (during pupillage).

Acting as junior counsel:

  • In High Court proceedings for a defendant employer resisting enforcement of an adjudicator’s decision under Part 7 Proceedings and bringing proceedings for the claimant in respect of Part 8 Proceedings (settled before the hearing).
  • On an adjudication involving a claim for declarations arising out of a bespoke and complex construction contract.
  • Drafting a Request for Arbitration in an ICC Arbitration in respect of a claim for breach of contract arising out of the termination of a framework agreement (during pupillage).
  • Drafting a Statement of Defence on behalf of a firm of architects in relation to a claim for alleged breaches of contract in respect of design and inspection matters (during pupillage).
  • Drafting a Statement of Defence in an English law governed LCIA arbitration in relation to a dispute arising out of the sale of petroleum products (during pupillage).
  • Assisting counsel in an English law governed commercial international arbitration on behalf of an aerospace company against a supplier worth over c. £350m (including drafting pleadings and assisting counsel at the three-week merits hearing in London).*
  • Assisting counsel in an LCIA arbitration concerning claims for fraud and breaches of representation under a share purchase agreement (including assisting counsel at the five-day merits hearing in Vienna).*
  • Assisting the president of an arbitral tribunal in an ICC arbitration seated in London (including on deciding contested document production requests).*
  • Drafting a Request for Arbitration in an ICC arbitration seeking c. £3m in accordance with a liquidated damages clause.*

*Cases worked on before joining Chambers.

In addition to the matters listed in the “International Arbitration” section, Sheriar has gained experience in a range of commercial disputes including:

  • Successfully acting for Transport for London against an individual in an application to set aside default judgment.
  • Successfully acting for Transport for London in obtaining strike out and summary judgment of a claim.
  • Drafting advice on privilege in substantial High Court proceedings arising out of a fire to a development block.
  • Drafting a strike out application in respect of County Court proceedings.
  • Advising on prospects of success at a permission to appeal hearing.
  • Drafting a skeleton argument for a preliminary issue hearing on the interpretation of a limitation of liability clause in a Master Services Agreement (during pupillage);
  • Drafting advice on limitation in respect of an insurance claim (during pupillage);
  • Drafting skeleton arguments for various interim applications, including for pre-action disclosure, permission to amend a statement of case, security for costs and summary judgement and/or strike out (during pupillage).

Additional Information

  • Sheriar speaks conversational French.
  • BPTC, City Law School (2018 – 2019)
  • Sir Dingle Foot Scholarship awarded by Gray’s Inn (2018)
  • City Law School Scholarship for Academic Excellence (2018)
  • LLM Master of Law, University of Cambridge (2017-2018)
  • LLB Bachelor of Law (1st Class Honours), London School of Economics and Political Science (LSE) (2014 – 2017)

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For more information please contact our clerks on
+44 (0)20 7404 0102 or clerks@atkinchambers.com

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