Saima Hanif

Year of call:
2002
Email:
saima.hanif@39essex.com

Clerks:
+44 (0)20 7832 1111

“extremely user-friendly, fast, efficient and extremely bright”
Legal 500

Saima Hanif has a commercial regulatory practice and is recommended in the directories as a leading junior in three areas including Financial Services. She read Law at Oxford, where she was President of the Law Society (2001).

She is an experienced advocate (“she packs a punch as an advocate”; “she is a very smart advocate”, Chambers & Partners) who prides herself on the quality of her advice to clients (“Incredibly thorough, intelligent… someone with incredible analysis”, Chambers & Partners). Her publications include Disciplinary and Regulatory Proceedings (co-editor, 8th ed, 2015), the Atkins volume on Financial Services and Phipson on Evidence.

She has a particular expertise in financial services (“a high profile in the field”, “great knowledge of the FS industry”, Chambers & Partners) and has represented clients at all levels, from the investigation stage and the RDC, through to the Court of Appeal. She represented the claimant in a ground-breaking victory against the FCA (“one of the most headline-grabbing cases of its kind for many years”, Chambers & Partners; one of the top 10 cases of the year, PLC), and is currently acting in a major banking regulatory investigation in Singapore.

She appears regularly in the Upper Tribunal (cases include Karan v FSA & UBS [2012], Khan v FCA [2014]) and recently represented the former CEO of Catalyst in the widely reported case Roberts v FCA [2015]. She acts in cross-border matters and has represented clients in Hong Kong, Singapore, Dubai (Al-Ansari v DFSA, 2015), the Isle of Man and Guernsey (where she has represented the Guernsey FS regulator).

She has a specific expertise in judicial review challenges of FS decisions. She represented the claimant in one of the few successful judicial reviews of the regulator (Ford v FSA [2012]) and acted for the claimant in the judicial review of a FOS decision (Chancery (UK) LLP v FOS [2015] EWHC 407), which has received permission to go to the Court of Appeal.

Her previous experience includes secondments at Clifford Chance’s Financial Services department, the FCA (General Counsel’s Division and Enforcement) and the Bank of England’s Financial Markets Law Committee (FMLC). She is currently a member of the FMLC’s Advisory Group on Brexit and the COMBAR Brexit working group.

She is authorised for Direct Access, which means she can take work directly from members of the general public.

Regulatory Law


Saima is listed in the directories as leading junior in professional disciplinary work, and is an editor of the leading text in this area, Disciplinary and Regulatory Proceedings (2015 ed). She has appeared in some of the leading cases and currently acts for Mr Roberts’, the former CEO of bond-distribution company Catalyst, in his appeal to the Upper Tribunal.  Prior to this she acted for Mr Ford, the former CEO of Catalyst. She has appeared before a range of regulatory bodies such as the RDC, the SDT and the BSB, as well as appearing in the Upper Tribunal, High Court and Court of Appeal. Her regulatory expertise encompasses financial services, legal and healthcare regulation.   Within healthcare, her clients encompass both individuals (e.g. pharmacists, doctors and dentists) and public bodies such as NHS Commissioning Boards (formerly PCTs) and the NHS Litigation Authority. Case of note include:

  • Roberts v Financial Conduct Authority, February 2015
  • BSB v Rehman, December 2014
  • Khan v FCA [2014] UKUT B6
  • Ford v Financial Services Authority & Anor [2012] EWHC 997 (Admin)
  • Karan v FSA [2012] UKUT B8
  • R (Chakravorty) v NHS Litigation Authority and Wakefield PCT (2011) Admin Court;
  • R (Hussain & Ors) v Secretary of State for the Health Department [2011] EWCA Civ 800.

Commercial law


Saima has significant experience in general commercial litigation, including cross-border litigation. She has a specific expertise in commercial matters that have a financial services or regulatory element.

Examples of recent matters in which she has been instructed include:

  • acting for a borrower against a major bank which was seeking to assign a loan in contravention of the loan agreement;
  • acting for a borrower against a major bank which was seeking to assign a loan in contravention of the loan agreement;
  • mis-selling of IRHPs;
  • acting for a third party beneficiary in respect of the negligent execution of a life insurance policy;
  • acting for an investor disputing the validity of an OTC derivative transaction;
  • acting for a bank in respect of a LMA trade and representing a group of depositors who had placed deposits with Kaupthing, Singer & Friedlander.

She is also frequently instructed in respect of interlocutory matters such as security for cost applications, interim injunctions and freezing orders.   She has appeared in the Commercial Court, the Chancery Division and the Technology and Construction Court.

She is also published in this area and has contributed to Atkins Court Forms on Contract and Agency.

Administrative & Public


Saima has a strong Public Law practice, with particular expertise in licensing and regulatory law. She has represented individuals and public bodies at all levels up to the Court of Appeal.

Regulatory: She has acted in multiple Judicial Reviews and has developed an expertise in judicial review challenges relating to financial services matters:

  • she recently represented  the claimant firm in a judicial review challenge to a decision of the Financial Services Ombudsman, who characterised a tax mitigation scheme as a collective investment scheme: Chancery (UK) LLP v FOS [2015 ] EWHC 407 (Admin);
  • she has advised a group of IFAs as regards the merits  of judicially reviewing the decision of the FCA to appoint a skilled person pursuant to s166 FSMA 2000;
  • advising an interest group in respect of the merits of a judicial review of the FCA’s conduct of the IHRP mis-selling redress scheme;
  • acting for the successful claimant in Ford v FCA [2011] EWHC. 2583 (Admin), one of the few successful judicial reviews of the FCA’s conduct during an enforcement investigation.

Her practice also includes healthcare regulation and commercial matters such as consumer credit and public procurement. Within healthcare, her clients encompass both individuals (e.g. pharmacists, doctors and dentists) and public bodies such as NHS Commissioning Boards (formerly PCTs) and the NHS Litigation Authority. Her consumer credit practice covers both lenders and borrowers. She appears across the range of regulatory tribunals and courts. Case of note include:

  • Chakravorty v  R (on the application of)  NHS Litigation Authority  and Wakefield PCT (2011), High Court, unreported  (dispute relating to the interpretation of a dentist’s contract)
  • Hussain & Ors, R (on the application of) v Secretary of State for the Health Department & Anor [2011] EWCA Civ 800 (14 July 2011)  (dispute relating to GP contracts).

Licensing: Saima is a Recommended Junior (Legal 500 and Legal Experts) in this area. Her work covers entertainment and alcohol licensing, taxi licensing and gaming. She has experience in the entire licensing process, right through to the Court of Appeal. She is regularly instructed by applicants (some as public access clients), interested parties and councils. Cases of note include:

  • acting for the Metropolitan Police to revoke the premises licence of ‘Madam Jojos’;
  • acting in respect of the revocation of the licence of ‘Avalon’ a west-end nightclub ;
  • advising a client on the interpretation of the notification requirements in the Licensing Act 2003 in conjunction with s7 of the Interpretation Act 1978;
  • Corporation of the Hall of Arts and Sciences v The Albert Court Residents Association [2011] EWCA Civ 430
  • Developing Retail Ltd, R (o.a.o) v East Hampshire Magistrates’ Court [2011] EWHC 618 (Admin)
  • Hope and Glory Public House Ltd, R (o.a.o) v Westminster Magistrates’ Court [2009] EWHC 1996 (Admin)

Information Rights

Saima advises and represents corporate clients (including FCA-regulated entities), individuals and public bodies in respect of data protection and freedom of information matters.  She has advised on range of matters from information relating to PFI contracts, to protecting material produced for a private adjudication process.  She appears in both the First-Tier Tribunal and the Upper Tribunal and has a particular expertise in electronic information and the internet.   Cases of note include:  acting for the successful appellant in Chichester District Council v ICO [2012] UKUT 491 AAC,  and successfully appearing for the respondent in Farrand v ICO [2014] UKUT 0310 (AAC).

Banking & Financial Services


“Her advice is detailed, thorough, commercially focused and client-friendly. She has great knowledge of the FS industry and is very approachable and responsive.” Chambers & Partners 2014

Saima is a Recommended Junior in Financial Services (see below) and has published widely in this area (see below.) She acted for Mr Roberts (the former CEO of Catalyst) in the Upper Tribunal and was led by Hodge Malek QC. Previously she acted for Mr Ford (the former CEO of Keydata) in the high-profile FSA investigation. Notable cases include the extensively-publicised Upper Tribunal decision in Karan v FSA and UBS [2012], the landmark High Court judgment in Ford v FSA [2013] and Khan v FCA [2014] (Upper Tribunal). She is a former member of the EU Law Committee of the Bar Council, which considered the impact of EU law on the UK financial services regime, and a current member of the FMLC’s Advisory Group which has been convened to consider and address the legal uncertainties which may ultimately result from the UK’s vote to leave the European Union.

She has advised on the full range of issues arising under FSMA 2000, including the new consumer credit rules, the operation of collective investment schemes, and liabilities arising from misleading statements in public offer documents. A bond issuance programme on which she advised was described by The Lawyer magazine as ‘ground-breaking’.
Matters in which she has been involved recently include:

  • acting for a major pay-day lender in potential enforcement action by the FCA;
  • acting for a bank in the Middle East in a banking dispute;
  • acting on behalf of individuals in Dubai subject to enforcement action by the DFSA;
  • successfully representing an individual and a firm before the RDC in connection with an application for Part 4A permission;
  • acting on behalf of a mortgage broker in the Upper Tribunal [2014] All ER (D) 130 (Apr);
  • representing a firm in a judicial review of a FOS decision relating to an alleged collective investment scheme, Chancery (UK) LLP v FOS [2015] EWHC 407 (Admin).
  • advising various SMEs in respect of IRHP mis-selling claims;
  • providing an expert report in a financial services dispute;
  • acting for a client facing enforcement action in the Isle of Man
  • she is also regularly instructed by the Guernsey Financial Services Commission

Saima is particularly experienced in FCA enforcement investigations and has appeared before the RDC, the Upper Tribunal and the DFSA in Dubai. She has also attended compelled interviews for individuals/firms under investigations in addition to drafting a response to the Preliminary Investigation Report. Her work is cross-border, covering a number of jurisdictions including the Isle of Man, Guernsey and the Middle East.

Her experience has been enhanced by secondments to the Financial Services department of Clifford Chance, the Bank of England and both the Enforcement Division and General Counsel’s Division of the FCA. At Clifford Chance, she worked on matters including the collapse of Northern Rock and drafted the law of partnership for Qatar. At the Bank of England, she was the Legal Assistant to the Financial Markets Law Committee and assisted with the drafting of 8 papers on esoteric legal issues in financial markets (see http://www.fmlc.org/), including the problems created by the s235 FSMA definition of a collective investment scheme and the problems of jurisdiction under the Brussels Convention. She also has extensive experience of regulatory compliance issues, including money laundering and anti-bribery matters.

She has lectured widely in this area and is a contributor to PLC financial services column.

Recommendations


Saima is recommended in the areas of Financial Services and Professional Discipline by Chambers UK.

Legal 500 and Legal Experts recommend Saima in the area of Licensing law.

 

Financial Services:

Recommended as a leading Junior by Chambers & Partners (2015, 2014, 2013, 2012):

“Her advice is detailed, thorough, commercially focused and client-friendly. She has great knowledge of the FS industry and is very approachable and responsive.”

“She’s very user-friendly and very switched on to the issues at hand. She looks at instructions from the viewpoint of the client and gives a tailored work product.”

“[Saima Hanif] was a “vital junior” in the Ford v FSA judicial review.”

[Saima acted for the successful claimant in] “one of the most headline-grabbing cases of its kind for many years.”

“She’s very hard-working, and pays great attention to detail.”

 Professional Discipline: 

Recommended as a leading Junior by Chambers & Partners (2015, 2014, 2013):

“Saima Hanif is “the hardest working junior I have ever seen” comments one impressed solicitor… “she shifts so much work it’s unbelievable.”

“She is a good up-and-coming junior. She handles clients very well and has a lovely manner.”

“Hanif was recently led by Hodge Malek QC in one of the few successful judicial reviews of a decision by the FSA.” 

and Legal 500 (2015)

“A trusted junior.”

Licensing:

Recommended as a leading Junior by Legal 500 (2015, 2014, 2013, 2012  and 2011):

“Able to grasp concepts and creatively argue against accepted legal principles.” Legal 500 2015

“Saima Hanif is extremely user friendly, fast, efficient and extremely bright.”

“Saima Hanif recently acted in the high-profile Court of Appeal case Albert Hall v Westminster CC and another.” 

Cited as a leading Junior by Legal Experts.

Call +44 (0)20 7832 1111 for more information

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