Balahl Khan

Balahl Khan

LL.B (Hons.) London and The Home Counties
Membership Status: Barrister - Full Member Called in 2016 Public Access Accredited BSB Guidance for Public Access
Bar Standards Board - Regulating Barristers
Barristers in England and Wales are regulated by the Bar Standards Board

Profile

General Information

Balahl has a broad civil practice mainly in residential landlord and tenant, family law, housing law, property disputes, contractual disputes, and Shariah law. Based in London, he is instructed nationally, providing his clients with the very best service irrespective of geographic limitations. Balahl appears in smaller application hearings all the way up to final hearings and trials.

Direct/Public Access qualified, Balahl can be instructed by clients directly without needing a solicitor.

Areas of law

  • Residential Landlord & Tenant
  • Family Law
  • Housing Law
  • Property Disputes
  • Contractual Disputes
  • Shariah Law

Landlord & Tenant

Acting for landlords, tenants, and estate and lettings agents in both an advisory and representative capacity, Balahl deals with a number of property-related issues and disputes. In recent months, he has achieved several successes in the courts for a variety of clients, including social housing tenants, private landlords, and lettings agents.

Balahl has experience in the following areas:

  • Possession proceedings and eviction
  • Injunction applications
  • Unlawful evictions
  • Squatters
  • Forfeiture
  • Leaseholder service charge disputes
  • Breaches to quiet enjoyment
  • Disrepair
  • HMO and Licensing

Family Law

With a busy family practice, Balahl regularly appears in court, representing both mothers and fathers in cases concerning child contact and custody issues. He is deeply empathetic around the emotional impact family matters bring about, with his advocacy style being defined as “intense” in order to meet his clients’ objectives. A phenomenal trial advocate, Balahl's examination skills are forensic and meticulous in nature. 

Balahl has experience in the following areas:

  • Child contact and child arrangements
  • Parental alienation
  • Finding of Fact Hearings
  • Prohibited Steps Orders
  • Specific Issue Orders
  • Non-Molestation Orders
  • Occupation Orders

Housing Law

Acting in both an advisory and representative capacity, Balahl assists tenants and applicants for Council/Social Housing. He is able to advise on the merits of pursuing an application for Council/Social Housing and considers matters such as medical and family composition issues.

Balahl has experience in the following areas:

  • Statutory Reviews (s.202 Reviews)
  • Section 204 Appeals in the County Court
  • Representation at Appeal Hearings

Property Disputes

Balahl is very adept in all manner of property disputes and regularly advises property owners and other interested parties. He has worked closely with other professionals such as Chartered Building Surveyors and Local Authority Planning Officers in order to identify the best solutions for his clients.

He has experience in the following areas:

  • Boundary disputes
  • Party Wall disputes
  • Adverse Possession claims
  • Easements

Contractual Disputes

Acting in an advisory and representative capacity for both claimants and defendants, Balahl is utilised by solicitors and lay clients to assist in the interpretation of contracts and ambiguous clauses and offers expert advice when considering the efficacy of litigation. His professional and honest advice at times results in matters being settled out-of-court in order to reduce the cost burden on clients.

Balahl has experience in the following areas:

  • Consumer Rights
  • Building and construction disputes
  • Goods and services disputes
  • General Breach of Contract

Shariah Law

Balahl has several years’ experience in all matters pertaining to Shariah law, having advised Mosques, Islamic Centres, Imaams, and the general Muslim community for several years. As an observant Muslim himself, he knows all too well the need for Shariah-compliant legal services and utilises his wealth of experience to achieve his clients’ desired outcomes.  

Balahl has experience in the following areas:

  • Family and child arrangements
  • Wills and inheritance
  • Mosque disputes
  • Charity disputes
  • Community disputes
  • Commercial, including usury-free transactions
  • Matters of Islamic Jurisprudence

Areas of Law

Balahl Khan is happy to accept instructions as counsel who is:

  • Land & Property
  • Family Law
  • Sharia Law
  • Public Access Accredited
  • Land & Property
  • Business & Commercial Law
  • Family Law
  • Criminal Law
  • Consumer Contracts
  • Licensing
  • Land & Property

Outside of these key areas of law, Balahl Khan is always willing to consider any enquiry requiring the experience or knowledge needed to help you or your client. Please call Balahl direct or the support team on 01823 247 247 if you would like to discuss any aspect of this profile.

Cases and Publications

Landlord & Tenant

  • DM v. BA (2021), Romford County Court - Balahl appeared for a Tenant in injunction proceedings who had been unlawfully evicted and subject to serious assault in the process. Relying on the American Cyanamid principles, Balahl successfully persuaded the Court that the eviction and the wider context was indicative of a serious case that needed to be tried and on that basis, the Court awarded an injunction permitting his client re-entry into the property.
  • SG v. HA (2021), Willesden County Court - Balahl represented a Landlord Claimant in possession proceedings against a tenant who hadn't paid rent for a number of years. Balahl was successfully able to persuade the Court to consider, inter alia, the Defendant tenant's conduct. Not only did the Court accept these submissions, Balahl was able to persuade the Court to award his client with a higher level of costs under the conditions of Chaplair Ltd v. Kumari [2015] EWCA Civ 798.
  • IU v. WC (2021), High Court (QBD) - Balahl represented a vulnerable tenant before The Honourable Mr Justice Jacobs in applying for a stay of execution on an eviction scheduled to take place in a matter of hours. Balahl was able to convince the Court that as his client and his young family were suffering from Covid-19, these were exceptional circumstances to stay the eviction. The Court accepted these submissions and awarded the stay against the eviction, with the Court remarking that Balahl had made "very helpful submissions."
  • RH v. CM (2021), Central London County Court - Balahl represented a Landlord Claimant in an application made by the Defendant tenant for permission to appeal an Order for Possession and an application for a stay of execution before a Senior Circuit Judge. In using his detailed knowledge of the CPR, Balahl was able to convince the Court that, pursuant to CPR 52.6, there was no real prospect of success for the tenant's proposed appeal and that a possible counterclaim for disrepair was unfounded, and in any event, did not comply with CPR 20.4. Balahl's submissions persuaded the Court to dismiss both applications to the delight of his client. 
  • WHA v. KO (2021), Wandsworth County Court - Balahl represented a Defendant Tenant in an application for possession by a Claimant Social Housing provider. In relying on McDonald v. Fernandez [2003] EWCA Civ 1219, Balahl was able to persuade the Court that as the dates contained within the notice seeking possession were incorrect, this would render the entire notice defective. The application therefore against his client was dismissed and Balahl successfully persuaded the Court to award his client with costs. 

Family Law

  • PJ v. YS (2021), Reading Family Court - Balahl acted for a father who had been unlawfully deprived of seeing his child despite there being a Court Order granting him shared care. In persuading the Court that there was no lawful reason for preventing such contact, the Court Ordered that the mother should undertake unpaid work for her actions, in addition to finding that she had been in contempt of Court.
  • GR v. JR (2021), Romford Family Court - Balahl acted for a Respondent father in defending an application for Enforcement of Child Arrangements. In what the Court described as very detailed and comprehensive submissions, and in relying on Re D (A Child) [2014] EWCA Civ 1057, Balahl successfully managed to have the proceedings concerning the two older children dismissed due to the mother's longstanding absence in their lives.
  • MA v. PL (2021), Telford Family Court - Balahl acted for a mother in Child Arrangements proceedings against her former partner. Balahl was able to successfully persuade the Court against the Applicant's position of establishing ties between the children and their paternal family based on controlling and abusive behaviour.
  • AT v. JM (2021), Norwich Family Court - Balahl acted for a Respondent father in Child Arrangements Proceedings against his former partner. Balahl was able to successfully persuade the Court that the report of a Social Worker was inherently biased against his client, leading to the Court dismissing such evidence and permitting an independent Social Worker under Part 25, which meant his client's child would continue to live with him.
  • MC v. CC (2022), Croydon Family Court - Balahl acted for the Applicant father in a highly contested case concerning allegations of serious abuse (physical and sexual) made against the father and the wider paternal family. Balahl was robust, meticulous, and forensic at the Finding of Fact Hearing and brought out the numerous inconsistencies in the mother's account, resulting in every allegation of abuse against his client being found not to have taken place. The Court also found, due to Balahl's intense questioning, that the Respondent mother and her key witness were not credible witnesses. 

Housing Law

  • WR v. EC (2022), Central London County Court - Balahl represented a vulnerable client in a matter pertaining to homelessness and the Local Authority's inability to consider her priority situation for housing. Through his very detailed Skeleton Argument, the Respondent Local Authority decided to make an out-of-Court settlement before the Appeal hearing, thereby restoring the Appellant tenant's right to public housing.

Property Disputes

  • BR v. NS (2022), Edmonton County Court - Balahl acted for the wife of a property owner who, along with her young children, was forcibly evicted from the family home owing to a Charging Order and Order of Sale placed on the home some weeks previously. Relying on CPR 73.7, Balahl successfully persuaded the Court that the Order for Sale, and by association, the eviction of the family from the family home, was deficient and as such, was oppressive. Following Balahl's submissions, the Court ordered the immediate re-entry of the family in addition to their legal costs, the Court remarking that 'Mr. Khan's submissions were simply unanswerable [by the other side]'.

Fees and Feedback

FEES:

Details regarding our approach to fees can be found at the following link:  http://www.clerksroom.com/content-html?cid=514

SERVICES:

Please see “profile” tab for a description of the legal services provided by this barrister.

We aim to complete and return all paperwork within 14 days (2 weeks) of receipt if no specific deadline is provided. We can work to much faster timescales if requested or we can agree a specific target date for each individual circumstance. We will always advise at the outset if counsel is unable to meet any deadline.

Each barrister has a standard hourly rate for their work. The individual hourly rate can be agreed when instructions are acknowledged if preferred. We welcome early discussion as to the suitability of a specific barrister for a specific case. The right barrister will have the relevant expertise to deal with the case but will not be too junior, or too senior depending on the complexities.

We aim to allocate all cases to the correct level of experience & seniority which we believe will prove most to be the most cost-effective solution for our clients.

If, due to urgency, we allocate paperwork to a more senior member of Clerksroom, we will charge the appropriate hourly rate for the work, not for the barrister. We welcome early discussion to ensure the correct fee is applied to the case at the outset.

REDRESS:

All our barristers are regulated by the Bar Standards Board (BSB) and hold a current practising certificate, details can be found at the following link Barristers’ Register

Complaints information

If you are not satisfied with the service provided, you can make a complaint to Chambers. Information on the chambers’ complaints procedure is available at the following link: http://www.clerksroom.com/content-html?cid=416

If you are not satisfied with the response you receive from my chambers, you can make a complaint to the Legal Ombudsman. You must contact the Legal Ombudsman either within 6 months following the conclusion of our handling your complaint, within 6 years from the date of the act/omission, or 3 years from the date that you should reasonably have known there were grounds for complaint (if the act/omission took place before the 6 October 2010 or was more than six years ago).

The Legal Ombudsman’s details are as follows:

Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ
Tel: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Web: www.legalombudsman.org.uk

Privacy Notice

1.              This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).

2.              The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.

3.              I, Balahl Khan, have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.

4.              It is necessary for me to process your personal data in order for me to provide you with legal services, for example:

·   Advise on the prospects of litigation;

·   Advise on the value of your claim;

·   Representation at a court hearing;

·   Representation at trial;

·   Advise, review or comment on legal issues or evidence.

5.              Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.

6.              The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.

7.              If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.

8.              If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.

Recipients of your data

9.              I may also be required to share your data with others, depending on the nature of your case. This may include:

(i)                  Courts and other tribunals to whom documents are presented;

(ii)                Your solicitors, or agent representing you, through whom I have been instructed;

(iii)               Potential witnesses, experts and other persons involved in the case;

(iv)               Solicitors, barristers, or other legal representatives;

(v)                Ombudsman and regulatory authorities;

(vi)               Education and examining bodies; and

(vii)             Current, past or prospective employers.

Special Categories of Data

10.          In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.

11.          This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.

Retention

12.          I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.

13.          How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.

14.          Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:

(i)                  The legal and professional obligation to retain information relating to my cases;

(ii)                To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;

(iii)               For use in the defence of potential complaints, legal proceedings or fee disputes;

(iv)               To refer back to in future cases which raise similar legal, factual, or procedural issues.

15.          The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.

16.          The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation. 

Your Rights

17.          Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

18.          Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.

19.          You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.

20.          You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.

21.          You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests. 

22.          Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object. 

23.          You have the right to request that your personal data is erased where any of the following apply:

(i)                  The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(ii)                You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;

(iii)               Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;

(iv)               The personal data has been unlawfully processed; or

(v)                The personal data have to be erased to comply with a legal obligation.

24.          You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).

25.          Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort. 

Security

26.          I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. The I.T. systems used by Clerksroom are ISO27001 compliant.

Complaints or Queries

27.          If you have any questions regarding this privacy notice, or how I use your personal data please email me: bkhan@clerksroom.com, or my clerks: mail@clerksroom telephone 01823 247 247.

28.          I shall aim to respond as soon as possible, and within 30 days.

29.          You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/

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