Iqbal Mohammed
Call: 2007
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Banking & Financial Services Profile

Iqbal is a specialist commercial barrister. He only undertakes commercial litigation, which includes banking and finance disputes. Such claims may involve over-lapping causes of action, such as those in equity or restitution. His banking & finance work includes:

Asset recovery: Claims involving the recovery of, or disputes over, assets under a finance agreement such as hire purchase, lease hire or where finance is secured against assets such as plant machinery or other industrial equipment; claims against third parties in possession of assets, such as vehicles, where the possession is defended; termination of finance agreements and claims for delivery up; damages in lieu of return of assets; claims against hire purchase financiers over defective machinery or vehicles; quantum only claims where the damages are in dispute.

Debt recovery/enforcement: Claims for damages under terminated loan agreements; applications for summary judgment on spurious defences; Part 8 claims over the interpretation of provisions of an agreement; claims for possession of mortgaged or charged land; indemnity claims; enforcement through bailiffs, High Court Enforcement Officers, attachment to Earnings, charging orders, third party debt orders; enforcement of judgments in the European Union; defending enforcement under the Consumer Credit Act 1974, or under Etridge or on grounds of undue influence.

Additionally, Iqbal is familiar to the Circuit Judges (section 9 Judges) that deal with injunctions as well as the specialist District Judges, in Birmingham. Additionally, Iqbal acts in injunction applications nationwide.

He has considerable experience in the following kinds of injunctive relief applications relating to banking or finance:

Commercial injunctions: Injunctions requiring access to or delivery up of machinery, vehicles or goods under hire purchase or lease agreements.

Freezing orders: Iqbal has advised on and obtained freezing orders on a national and worldwide basis. He can advise on evidence, legal procedure and draft the orders.

  • Recent-Experience

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    • Examples of Iqbal's banking and finance work in 2017:

      • Acting in a claim where a bank refused to credit payments towards a mortgage due to money laundering regulations – May 2017

      • Acting in claim involving a mortgage where the wife had not genuinely consented to the legal charge (Etridge type claim) and the bank sought to enforce a debt exceeding £260,000 - mortgages/undue influence

      • Defending a complex £130,000 claim arising out of a commercial mortgage with a Cypriot bank, which collapsed and whose debts were purchased by another company which sought to enforce the mortgages - financial regulation/breach of contract/enforcement

      • Advising on a claim involving the purchase of industrial vehicles under finance which were defective

      • Defending a claim for possession brought by a lender, where the debt and charge had been previously settled in full but the monies had been misappropriated; money claim for £288,000

      • Advising on an acting on behalf of a debtor with polish nationality seeking to establish his centre of main interest in England under the insolvency regulation, which was disputed by his polish creditors

      • Defending a claim brought by a liquidator against the wife of the director of the insolvent company for £50,000 with respect to payments made from the company

      • Applying for an ex parte injunction against a receiver seeking to take possession of commercial property and shut down a business on account of a debt against its owner

  • Specialist-Areas

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  • Qualifications-and-Appointments

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      • Law LLB (Hons), University of Warwick
      • Bar Vocational Course, BPP Law School

  • Professional-Associations

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      • Commercial Bar Association (ComBar)
      • Midlands Chancery and Commercial Bar Association (MCCBA)
      • Associate of the Chartered Institute of Arbitrators (ACIArb)