Nazifa Chowdhury

Nazifa is happy to undertake work in all areas of commercial and chancery law including contractual disputes, construction disputes, corporate and personal insolvency, breach of director’s duties, company law, partnership, agency, unjust enrichment, tort of conversion, and contentious trust matters.

Nazifa has recently acted in a range of contractual disputes and represented creditors in bankruptcy and winding up petitions. She has further drafted pleadings and Opinions in claims for breach of contract, contractual frustration, and claims brought against incorrect parties.

Nazifa’s recent work includes:

Commercial

• Assisting with disclosure in a case brought by a high net worth Chinese family against Credit Suisse (UK) Limited and an international London law firm for professional negligence, as instructed by Wedlake Bell LLP.
• Assisting with disclosure in the case of Transworld Payment Solutions Limited (in liquidation) and its liquidator in connection with a £280+ million claim against First Curacao International Bank and its former director, as instructed by Gowling WLG.
• Assisting with disclosure in a €290 million claim brought by the shareholders of an Italian company against a Saudi Arabian private holding group for breach of contract and misrepresentation in relation to a share purchase agreement, as instructed by Lawdit Solicitors
• Appearing as sole counsel in the High Court of Justice (Senior Courts Costs Office) in an application to set aside a default costs certificate.
• Assisting Oba Nsugbe KC (Head of Chambers) with preparing an Opinion on the merits of various claims brought by a Mauritian company against a number of corporate and commercial entities for breach of contract, loss of chance, professional negligence, and recovery of shareholder loans.
• Preparing an Opinion that assessed the merits of a claim and counterclaim for breach of contract between two buyers and a property developer. The Opinion also examined the merits of pursuing a defence of contractual frustration.
• Preparing an Opinion on the merits of applying for summary judgment or to strike out a claim for breach of contract.
• Acting in proceedings in a claim concerning the tort of conversion. Nazifa successfully represented the Defendant in striking out the claim.
• Drafting pleadings to defend a claim for breach of contract on the basis of lack of cause of action. Nazifa also assisted with the preparation of an application to strike out the claim on the basis that the claim was totally without merit.
• Acting for a Defendant in an application for substantial costs following the successful strike-out of the Claimant’s claim.

Companies Law

• Representing a commercial client in an application to rectify a statement of particulars delivered to the Registrar of Companies pursuant to section 859M of the Companies Act 2006.
• Representing a commercial client in an application to remove and replace securities registered with the Registrar of Companies under section 859N of the Companies Act 2006.
• Representing various clients in applications for extension of times to register securities/charges in accordance with the Companies Act 2006.

Insolvency

• Successfully acting for creditors in personal bankruptcy and corporate insolvency proceedings.
• Acting for a debtor in an application to annul a bankruptcy order pursuant to section 282 of the Insolvency Act 1986.

Chancery

• Assisting Simon Lane in a 10.5 day trial concerning the law on De Bruyne constructive trusts, express trusts operating under 53(1)(b) of the Law of Property Act 1925, and common intention constructive trusts. Nazifa also assisted with the application and grounds of appeal for permission to appeal the decision of the trial judge to the Court of Appeal.
• Preparing pleadings and Opinions concerning claims under the Trusts of Land and Appointment of Trustees Act 1996.
• Appearing as sole counsel in the High Court of Justice (Chancery Division) to remove and replace an executor and trustee from an estate under section 50 of the Administration of Justice Act 1985.

Construction

• Preparing pleadings in a construction dispute involving design and engineering defects, quality issues, and incomplete work.
• Acting in an appeal for a construction dispute involving a party’s failure to meet construction regulations and standards.

When working as a trainee solicitor and Associate Solicitor, Nazifa assisted on the following cases:

Arbitration

• Advising an energy and technology company in a dispute involving a special performance guarantee over the quality of a power plant generator based in Pakistan. Arbitration under the ICC Rules.
• Advising a Chinese state-owned entity in a USD 1 billion oil and gas dispute involving its local partner in Nigeria. Arbitration under the UNCITRAL Rules.
• Advising a South Korean steel manufacturing company in a USD 2 billion dispute with an American real estate development company. Arbitration under the ICC Rules.
• Advising a South Korean ship construction company in a potential dispute with its buyers relating to Covid-19 and the applicability of contractual force majeure clauses.

Commercial

• Advising in a USD 3.5 billion fraud claim brought in Canada, which included ancillary actions in London, Jersey, Guernsey, the BVI, and the Cayman Islands.
• Advising senior executives in the defence of a substantial claim alleging unlawful means conspiracy, dishonest assistance and knowing receipt in the context of a banking acquisition.
• Acting for a defence contractor in relation to breach of procurement claims pursuant to the Defence and Security Public Contract Regulations 2011 against the Ministry of Defence.
• Acting for an Egyptian family office in a substantial claim for fraudulent misrepresentation, conspiracy, and breaches of contract and fiduciary duties against a number of defendants in relation to the collapse of a high-frequency trading firm

Companies Law

• Providing corporate governance advice to the non-executive director of an ethical UK company. Thereafter, providing litigation support in an unfair prejudice petition under section 994 of the Companies Act 2006.

Public Law

• Advising on a litigation involving the recognition of non-binary gendered rights in the UK (and specifically with respect to the government’s UK passport policy). Nazifa also drafted an article discussing the Court of Appeal’s precedential decision on costs recovery in proceedings involving the public interest.