Nazifa Chowdhury is a member of the Civil Team and accepts instructions in the following areas:
- Commercial
- Breach of Contract
- Construction
- Chancery (Inheritance and Trusts)
- Company
- Personal and Corporate Insolvency
- Landlord and Tenant
- Real Property
- Personal Injury/RTA
- Claims under the Consumer Credit Act 1974/PPI
- Credit Hire
- Debt recovery
Nazifa appears in fast-track and intermediate-track trials, as well as interlocutory applications, CCMCs, allocation hearings, possession hearings, orders for sale hearings, winding up petitions, bankruptcy petitions, and applications to set-side statutory demands.
She has extensive experience in the County Courts and has appeared in the High Court of Justice as sole counsel on a number of instructions.
Nazifa also has a busy paper practice that involves the drafting of pleadings, application notices, and Opinions on various issues. She further has experience in advising and assisting parties in settling matters outside of litigation on without prejudice terms or by way of Tomlin Order.
Since 2022, Nazifa has been a member of the Attorney General’s Junior Panel.
Nazifa transferred to the Bar following a career as a solicitor.
Prior to joining Chambers, Nazifa completed pupillage at a commercial chancery set of chambers in London. She also trained as a solicitor with a Magic Circle law firm in London, before going on to work as an Associate Solicitor in the Commercial Litigation and International Arbitration team of an American law firm in London. As a solicitor, Nazifa obtained rights of audience in all higher court proceedings. She is also an accredited mediator.
Whilst working as a solicitor, she gained valuable experience in commercial and company law proceedings taking place at various courts, such as the Commercial Court and the Technology and Construction Court. Nazifa has also acted in relation to proceedings in the Supreme Court as part of her pro bono work on R (on the application of Elan-Cane) v Secretary of State for the Home Department [2021] UKSC 56.
Nazifa completed her undergraduate studies at the London School of Economics and Political Science, following which she was awarded the Dean’s scholarships for her Graduate Diploma in Law and LLM in Professional Practice (incorporating the Legal Practice Course) from BPP University.
Outside of work, Nazifa is a member of the board of trustees of the Pituitary Foundation and has been a Visiting Lecturer at the University of Law since 2021. Nazifa further enjoys taking part in initiatives for the London Very Young Arbitration Practitioners’ (London VYAP) group, such as writing on legal updates within the arbitration sphere. Nazifa’s article on the Supreme Court’s decision in Kabab-Ji v Kout Food Group [2021] can be accessed here.
Please note that although Nazifa is a fully qualified solicitor, Nazifa currently practises solely as a barrister.
Expertise
Nazifa is happy to undertake work in all areas of commercial and chancery law including contractual disputes, corporate and personal insolvency, breach of director’s duties, company law, partnership, agency, unjust enrichment, tort of conversion, and contentious trusts law matters.
Nazifa has 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, specific performance and/or injunctive relief, contractual frustration, misrepresentation and duress, claims brought against incorrect parties, and amendments to administrations of estates.
Nazifa’s recent work includes:
Commercial
- Appearing as sole counsel in an urgent, ex parte application at the High Court (Chancery Division) for a freezing order and proprietary injunction relating to assets valued at £2 million.
- Appearing as sole counsel in successfully defending claims for non-payment of energy invoices pursuant to the Electricity Act 1989 and the Utilities Act 2000.
- Appearing as sole counsel in successfully pursuing the enforceability of personal loans advanced between family members.
- Representing a company (restaurant) in an injunction application relating to the tort of passing off and delivery up of goods pursuant to section 4 of the Torts (Interference with Goods) Act 1977.
- Assisting Fergus McCombie in defending a complex claim for breach of a shareholders’ agreement and/or breach of directors’ duties and/or breach of trust in respect of a dispute between a company and an outgoing director/shareholder.
- Advising a client on the merits of retrieving a deposit for a failed property transaction pursuant to section 49(2) of The Law of Property Act 1925.
- Advising clients in respect of pre-action disclosure applications and merits.
- Advising in a claim for private nuisance and potential settlement terms.
- Appearing in various applications (for both applicants and respondents) to set aside default judgments, strike out/obtain summary judgment, and for wasted costs orders.
- Advising a client in defending a claim for breach of contract in circumstances where the requisite conditions for contract formation had not been satisfied.
- Advising a client in respect of the terms of a personal guarantee and risks of personal liability, as well as practical next steps.
- Drafting pleadings in defending a claim for breach of the Consumer Rights Act 2015 and related sales of goods and services statutes.
- Representing clients in various County Court applications for injunctive relief.
- 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 company in defending a claim for inspection of the company’s register of members pursuant to sections 116 and 117 of the Companies Act 2006.
- 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.
- Successfully acting for debtor and debtor companies 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.
- Acting for a bankrupt judgment debtor for a stay of examination under CPR 71, pursuant to section 285 of the Insolvency Act 1986.
Chancery (Trusts and Estates)
- 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.
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.
Landlord and Tenant
Nazifa is happy to undertake work in commercial and residential landlord and tenant matters.
She has extensive experience in acting for landlords and tenants in possession claims relating to trespass and sections 8 and 21 of the Housing Act 1988. She further has substantial experience in acting for tenants and landlords in housing disrepair claims and acting for creditors in Part 8 claims to enforce orders for sale, charging orders, and mortgage terms.
Some of Nazifa’s recent instructions include:
- Successfully defending Southern Housing Group in a housing disrepair claim valued up to £70,000.
- Advising a client on the construction of lease terms relating to a fishery and other income-related activities not explicitly encompassed by the terms of the lease.
- Appearing in various applications for permission to enforce property possession orders at the High Court.
- Acting in, and defending, applications to suspend warrants of eviction.
- Drafting pleadings in a claim by a tenant for breaches of the Landlord and Tenant Act 1985 and the Service Charges (Consultation Requirements) (England) Regulations 2003 in respect of excess service charge sums paid to the landlord.
- Advising on lease terms and the proper construction of service charge provisions.
Real Property
Nazifa has acted in, and prepared pleadings and Opinions on, disputes involving trespass of land and claims under the Trusts of Land and Appointment of Trustees Act 1996 involving sole and joint proprietors of property.
Nazifa is actively developing a strong practice in building and construction matters. Nazifa’s recent experience includes:
- 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.
- Preparing Opinions on various matters relating to improper construction and workmanship and the prospects of successfully pursuing claims for breach of contract and various consumer legislation, including section 1 of the Defective Premises Act 1972.
- Preparing an Opinion on the quickest and most cost-effective way to recover sums due under an invoice for construction works by reference to contract terms.
Nazifa accepts instructions across the full range of contentious probate and Inheritance (Provision for Family and Dependants) Act 1975 and Administration of Justice Act 1970 claims.
She has a particular interest in disputes concerning the validity of wills, claims for reasonable financial provision, and disputes between personal representatives and beneficiaries.
Nazifa brings a clear, thorough approach to drafting and advocacy, and is keen to assist at all stages of proceedings.
Nazifa regularly appears in the County Court and has acted in fast-track and intermediate track trials, including small claims hearings, MOJ Stage 3 hearings, and interlocutory applications.
Nazifa has significant experience in road traffic accident trials (RTAs), including credit hire claims and claims where fraud concerns have been raised involving low velocity impact. Her article on costs liability risks for non-party credit hire companies that instigate civil proceedings, can be found here.
Nazifa further has experience in infant settlement approval hearings and claims involving employers’ liability, occupiers’ liability, public liability (including claims for breach of statutory duty under s.41 Highways Act 1980), and non/dangerous animals pursuant to section 2 of the Animals Act 1971.
Nazifa is able to provide advice on merits and quantum in a range of personal injury claims.
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The members of Pump Court’s Business & Commercial and Insolvency Teams […]
