Faisal’s practice has evolved from a solid foundation in complex crime into a rare blend of work which encompass confiscation, financial services regulation, breaches of regulatory standards, general chancery, actions in company law and civil litigation arising from state misconduct, cross-jurisdictional actions for breaches of convention rights and inter-parties fraud.

Faisal is also instructed in judicial review claims, restraint and confiscation proceedings in the Crown Court and parallel civil work including emergency applications for searches, disclosure and asset freezing in the Chancery division.

In Crime he was instructed in the two most complex, serious and lengthy anti-terrorist trials ever heard in this jurisdiction and a number of other similar high level cases involving evidence obtained by foreign Intelligence Agencies, terrorist fund raising and alleged State level political interference and acquiescence.

He has also appeared in insider dealing cases, criminal failures by company directors, fraud, money laundering and Revenue offences.

Faisal compiled the ‘Terrorist Asset Forfeiture and Confiscation’ chapter of Mitchell, Taylor and Talbot on the Proceeds of Crime.

In 2007, Faisal was voted the “Up and Coming Lawyer of the Year” by the Association of Muslim Lawyers. He speaks Urdu and Hindi.

Faisal’s Regulatory work includes:

• Advice on individual transaction and company-wide money laundering compliance.
• Advising an Investment Firm as to their position in a ’split caps’ investigation, where the Regulator alleged collusion between magic-circle firms.
• Advising a number of investment firms as to their duties under the Money Laundering Regulations.
• Drafting a “Compliance Manual” for Intermediaries subject to the Mortgage Regulations implemented by the FSA.
• Advising on applications to the Regulator for Authorisation and becoming an Approved Person.

Notable Cases

High Court & Appellate

BSB v (A State Body), (Commercial Organisations) and (Individuals) (2009 – Ongoing)

Civil actions in the Chancery and Administrative Court for losses following a restraint order obtained mala fides and resulting in total losses over £100m against multiple defendants.

DG v 17 GSL (and Others)

Section 994 Unfair Prejudice claim/Derivative Proceedings on behalf of a company director seeking redress for his co-directors’ breach of their CA 2006 statutory duties.

R(On Application of the Chief Constable of Greater Manchester Police) v City of Salford Magistrates’ Court ex parte Sarwar and Sons Knitwear Limited; Sarwar and Sons Knitwear Ltd. v The Chief Constable of Greater Manchester Police (2008)

Led by Andrew Mitchell QC. Judicial review relating to civil cash seizures and the meaning of property ‘obtained by unlawful conduct’

IE (Europe) v NE (2008) (Chancery Division)

Civil fraud and unlawful conversion of £850,000. The Defendant removed the Claimant Company’s funds, transferred it to the US and dissipated it into a number of US and Canadian bank accounts, before attempting to claim the sum as part of her matrimonial assets before the American Courts. The claim involved:

• Worldwide freezing and disclosure orders obtained within 24 hours.
• Judgment in default, successfully obtained at the first opportunity with full costs
• An application to set aside judgment in default, successfully contested
• Third party debt orders
• Advice tendered to the Claimant Company’s US Lawyers on the lawfulness of a worldwide order compelling parties outside of this jurisdiction.

R v LSA [2008] EWCA Crim 1034

Led by Richard Whittam QC. A leading case on jurisdiction and procedure relating to Prosecution appeals

NR v The Republic of Italy and others (2006)

A multi-defendant civil action arising from the unlawful detention and extradition requests of the Governments of Italy and Algeria respectively, together with the Foreign Office’s failure to give assistance when required.

Regulatory Prosecutions

London Borough of Haringey v CD Ltd.

Advised the local authority as to whether, for the first time, they ought to restrain and seek confiscation proceedings against commercial property developers who unlawfully converted dwellings for profit, without planning authority.

London Borough of Camden v MB/SH Ltd.

Advised the local authority as to whether they ought to restrain and seek confiscation against a manufacturer producing and selling goods in breach of the holders’ intellectual property rights.

R v GS and Others (2010 – Ongoing)

Instructed at the restraint stage to apply to discharge the FSA’s ex-parte order made in an insider dealing case involving multimillion pound benefit figures.

BIS v JGS

Criminal trial of an un-discharged bankrupt for material omissions made to the trustee in bankruptcy; subject to a £100m world-wide civil freezing order.

R v JP (2005)

Led by Leading Counsel. A multi-million pound fraud allegation against an IFA, who was indicted with offences contrary to the FSMA 2000.

R v N (A Large Commercial Retail Group)

Retained as Counsel to a large national retailer, tendering advice and defending in a significant number of Health and Safety prosecutions, brought by numerous local authorities, for a diverse range of regulatory breaches.

The Taxation Disciplinary Board Tribunal

Presenting advocate to the tribunal, litigating against members of the CIOT who contravene the professional body’s rules.

FSA v (MiFID Wholesale Investment Firm)

Assisting and advising on a complex application for Authorisation, Enforcement and acting outside any scope of permission, including a ‘ground up’ design of the firm’s compliance systems and controls. The firm received full authorisation.

Complex Crime

Operation Eaglewood (2008-ongoing)

Led by Simon Taylor. An international £100million money laundering and drug importation conspiracy involving a corrupt bureaux de change and substantial confiscation proceedings

Operation Overt “The Plot to bring down Transatlantic Airlines” (R v Abdul Ali and others)

Led by David Spens QC. Said, by the Secretary of State, to be the most extensive and complicated criminal investigation ever to be undertaken in Europe. An 11 handed international allegation to bring down several Trans-Atlantic airliners using improvised explosive devices.

Operation Osmium “The Tamil Tigers” (R v Arunachalam Chrishanthakumar and Others) (2008-2009)

The trial of a number of individuals said to be involved in supporting the LTTE from within the United Kingdom. The first case of its kind. The Prosecution is part of a long-term investigation into the financial and material support for overseas terrorism. Acquitted on all counts.

Operation Gamble “The Plot to kidnap and Behead a Muslim Soldier” (R v Parvez Khan and Others) (2007-2008)

An alleged plot to find, kidnap and murder a British Muslim Soldier together with a parallel operation to supply funding, equipment and supplies to insurgents in Afghanistan and Northern Pakistan.

Operation Crevice “The Fertiliser Bomb Plot” (R v Khyam and Others) (2004-2007)

Led by Michael Mansfield QC. The largest terrorist case ever to be heard in this country and one of the longest and complex criminal cases ever litigated. A multi-jurisdictional plot to blow up high profile targets in the UK including the Bluewater shopping centre and the Ministry of Sound nightclub. For the first time ever the Court heard evidence from an Al-Queda FBI super-grass witness. The trial lasted 18 months in total and 13 months with a Jury who deliberated for a record 7 weeks. Acquitted on all counts.