Ali
Reza Sinai

Ali advises in all areas relating to business and commerce with particular emphasis on contractual disputes, company law (including minority shareholder disputes), insolvency law, disputes over trusts, (commercial) agency, partnership disputes, intellectual property (trademarks and passing-off). He can also advise on any human rights elements which may arise therefrom. Ali can advise quickly in disputes with an international element, for example where there are questions of jurisdiction and choice of law, where foreign judgments need to be enforced in England or English judgments enforced abroad, or where there are parallel proceedings in another country. Examples of cases include:

Commercial/Company/IP/HR

• Currently instructed in a second appeal led by David Baley KC, whether the limitation period for direct claims against insurers under the Third Parties (Rights against Insurers) Act 2010 is suspended on insolvency under the principle in Re General Rolling Stock Co. (1872) 7 Ch App 646
• Knell v Van Loo & Others [2023] EWHC 2109 (Ch), 6 day unfair prejudice trial before Tom Smith KC
• Scipharm v Moorfields Eye Hospital NHS Trust [2023] EWHC 569 (Comm) 5 day trial before Andrew Hochhauser KC, pharmaceutical claim in the London Circuit Commercial Court, consideration of the res inter alios acta principle
• Hodes v (1) Frankel & (2) Dreyfuss, BPC, on-going claim under a loan agreement and a shareholders’ agreement, summary judgment application: [2023] EWHC 442
• Uavend Properties Inc v (1) Adsaax Ltd & (2) Vistra Trust (Singapore) Pte Ltd [2020] EWHC 2073 (Comm) (led by William McCormick KC), damages claim in the Circuit Commercial Court for procuring a breach of contract
• Brealey v Nomination [2020] EWCA Civ 103 (CA), represented the appellants in the IPEC and the Court of Appeal, whether a trademark infringement claim involving the sale of jewellery on eBay
• Williams v Hackney LBC [2019] AC 421 [2017] (Supreme Court), led by Nicholas Stewart KC (only in the UKSC, sole conduct at first instance and in the Court of Appeal) in an Article 8 claim for damages by parents following the removal of their children after an allegation of abuse and neglect
• Phillips v DVLA, Article 1 damages claim by an owner of personalised vehicle number plates which were forfeit by DVLA without notice
• (1) AB, (2) BC & (3) CD v Manchester City Council, 3 day trial in Manchester CC before HHJ Bird in an Article 8 claim for damages by a mother following a decision that she should have no unsupervised contact with her children after her young disabled child was found with physical injuries
• Rued v Dormer, 4 day trial in the BPC in a partnership dispute involving the development of land
• Rafferty v (1) Lambe & (2) Synnott, claim in the BPC involving whether the majority shareholders and directors could remove the minority shareholder as director in breach of a shareholders’ agreement
• Inzalaco v Falletta, section 994 claim in BPC for unfair prejudice by an executor following the death of a minority shareholder
• Real Asset Partners v Premier Benchmark Properties, London Circuit Commercial Court, a financial services commission claim which settled on the day before the 3 day trial
• Whyatt v Hughes, 5 day trial before HHJ Stephen Davies in the Manchester BPC in a dispute over a share in a company held on trust
• Lovering v Smarta Construction, 2 day trial in the Cardiff Technology & Construction Court before HHJ Keyser QC involving a construction dispute
• GUBOMYR v Dylan Mills (aka Dizzee Rascal), represented the well-known rapper in a 2 day contract trial in CLCC
• SDI Retail Services Ltd v King [2017] EWHC 737 (Ch) (led by William McCormick KC) application for permission to bring a derivative claim under section 260 of the Companies Act 2006
• Sports Direct International Plc v Rangers International Football Club [2016] EWHC 85 (Ch) (led by William McCormick KC), committal application for breach of an injunction
• Brett v Migration Solutions Holdings Ltd [2016] EWHC 523 (Ch) (led by Nicholas Stewart KC), unfair prejudice petition under section 994 of the Companies Act 2006
• Caesar’s World Communications Ltd v X-Mobility Ltd [2012] EWHC 2465 (Ch) (cited in Zuckerman on Civil Procedure)
• NSB Ltd (in liquidation) v Worldpay [2012] EWHC 927 (Comm) (cited in Chitty)
• Online Catering Ltd v Acton [2011] QB 204, [2010] 3 W.L.R. 928 (CA) (cited in Benjamin, Lightman & Moss and other textbooks)
• Paseana v Lextrex Holdings [2010] EWCA Civ 1539
• Stream Healthcare (London) Ltd v Pitman Education & Training Ltd [2010] EWHC 216 (Ch)
• Zeba’ish Ltd v Zebaish Clothing Ltd [2008] EWHC 3647 (CH) (interim injunction); [2010] EWPCC 1 (Patent CC) (passing off trial)
• ITAB MK Ltd v (1) Gray & (2) Gray Matter [2009] EWHC 3290 (Ch)
• BSM Marketing Ltd v Take Ltd [2009] EWCA Civ 45, trail before Roth J in a patent dispute
• NPower Direct Ltd v South of Scotland Power Ltd [2005] EWHC 2123 (Comm)
• David v Honeywell Normalair-Garrett Ltd [2006] EWHC 351 (QB)

Insolvency

• Re MSOLD 1 (in Administration), [2023] BCC 412, Birmingham BPC before HHJ Worcester, whether an administration should be ended early and the company placed into compulsory liquidation
• OOO Nevskoe v UAB Baltijos Saliu [2023] BCC 689, represented the foreign administrator in a Lithuanian insolvency, whether a Third Party Debt Order could be enforced in the UK once a Recognition Order had been made in the UK under the Cross-Broder Insolvency Regulations
• Re Pearce Tenens LLP, representing the LLP in a winding up petition presented in the Bristol BPC by a member of the LLP
• Secretary of State v Drake, 4 day trial representing the Defendant director in a disqualification claim brought by the Secretary of State
• Re Sofra Bakery (in liquidation) [2013] EWHC 1499 (Ch), [2014] BPIR 435 (cited in Palmer’s and Sealy & Milman), whether sale of goodwill in an asset sale following insolvency was at an undervalue
• Eck v Zapf [2012] BPIR 499 (cited in Sealy & Milman and McPherson’s Law of Company Liquidation), COMI dispute, bankrupt resident in Germany
• Re Snelling House (in liquidation) [2012] EWHC 440 (Ch, Companies Court) (cited in Palmer’s, Sealy & Milman and McPherson’s Law of Company Liquidation)

International

• Medien Patentverwaltung AG v Kagan [2021] 1 WLR 1775 (CA), second appeal in the Court of Appeal on whether the Part 11 procedure to contest jurisdiction applies in stakeholder applications under Part 86
• Mid Atlantic Bulk Carriers v Z Dust Group, ad hoc international arbitration involving breach of a charterparty, conducted under the London Maritime Arbitrators Association Rules 2017
• Huertas v Smith, instructed along with local French lawyers in long standing dispute against English directors as part of French insolvency proceedings in Paris and Aix-en-Provence
• Dispute in respect of the appointment of a French insolvency practitioner in France on the application of a minority shareholder of a UK company that holds land on the French riviera
• Benhurst Finance Ltd v Colliac [2018] EWHC 2188 (QB), a claim involving the availability of Norwich Pharmacal relief in aid of international arbitration proceedings pending in Switzerland
• Instructed in respect of the enforcement of a Hong Kong judgment obtained in default against a defendant now resident in the UK
• Fathollahipour v Aliabadibenisi [2014] EWCA Civ 1633 (CA), Times 22.1.15 (extensions of time for appeal notices and relief from sanctions)
• Fathollahipour v Aliabadibenisi [2014] EWHC 2120 (QB), freezing injunctions, cross-undertakings in support of proceedings in Switzerland
• Surrey (UK) Ltd v MWPI [2014] EWHC 3165 (Comm), application to set aside service effected in Iran
• McKew v Moore [2012] EWHC 1287 (KB) (cited in Zuckerman on Civil Procedure), application to discharge freezing injunction when proceedings had been issued in Switzerland
• Shami v Shami [2012] EWHC 664 (Ch) (cited in Dicey & Morris); also [2013] EWCA Civ 227 (CA), trust of land claim in the UK in presence of judgments obtained in Israel which were being enforced simultaneously
• Karafarin Bank v Mansoury-Dara [2009] 2 Lloyd’s Rep. 289 (Comm) (cited in Chitty and Dicey & Morris), whether proceedings should be stayed because Iran more appropriate forum
• KJO v XIM [2011] EWHC 1768 (QB) (cited in Dicey & Morris, Clerk & Lindsell, Gatley and Confidentiality), proceedings issued in the UK in respect of alleged defamatory publications in Hong Kong, whether double actionability and Hong Kong law provided a defence
• Euroeco Fuels (Poland) Limited v Szczecin and Swinoujscie Seaports Authority S.A. (application for permission to the UKSC), led by William McCormick KC, an appeal concerning the operation of Article 30 of the Recast Brussels Regulation in a defamation case, which permits the courts of a EU Member State to decline jurisdiction or to stay proceedings because “related proceedings” are extant in another Member State

Ali has built up significant experience in public law and judicial review, acting principally for respondent local authorities in community care (including children’s social services) and human rights cases. Example of cases include:

• R(TS) v Hackney [2023] EWHC 3063 (Admin), care and assistance provided to disabled child, alleged breach of section 20 of the Children Act 1989
• R(Brim) v Hackney [2022] EWHC 2270 (Admin), care and assistance provided to disabled child, alleged breach of section 20 of the Children Act 1989
• R(C) v Hackney LPC [2014] EWHC 3670 (Admin) (whether section 27 of the Children Act 1989 placed the same housing duty on a different department of metropolitan local authorities, as it does on housing district councils outside London)
• R (Hussain) v Secretary of State for Health [2011] EWCA Civ 800
• R (J) v Hackney LPC [2010] EWHC 3021 (Admin)
• R (Prince) v (1) Social Security Commissioner & (2) Southwark LBC [2009] EWHC 1181 (Admin)
• R (Mohammed) v Southwark LBC [2009] EWHC 311 (Admin), [2009] B.P.I.R. 882 (Admin)
• R (Scott) v Hackney LBC [2009] EWCA Civ 217 (CA), [2009] LLR 775
• P v Hackney LBC [2007] EWHC 1365 (Admin)