Mohammed Khamisa QC Partner

Contact Information

+44 20 3321 6061
mohammed.khamisa@mishcon.com

Personal Profile

Mohammed is a senior QC specialising in the field of civil fraud particularly within the banking and financial services sectors. He joined the Firm in 2015 within the Banking and Finance Group.

Mohammed was called to the Bar in 1985 and was made Queen's Counsel in 2006. During more than 27 years of continuous practice he has advised clients from the UK, United Arab Emirates, India, Pakistan and other regions on a wide range of both criminal and civil matters.

As former Standing Counsel for the Department of Trade and Industry, Mohammed has particular expertise in matters involving company and insolvency law, directors’ duties, directors’ disqualification and personal insolvency; all of which often overlap into civil and criminal investigations. His experience encapsulates many aspects of SFO, FCA and other financial regulatory compliance and he has frequently led and managed teams of lawyers, accountants, forensic experts and other professionals as part of an investigatory team.

Increasingly he is asked to advise on banking and finance matters, including aspects of Islamic Sharia Finance Law by financiers and financial institutions keen on developing Sharia compliant banking products.

In addition, Mohammed is frequently instructed to advise in respect of cross-jurisdictional cases, with an emphasis on Dubai and the wider United Arab Emirates, Pakistan, India and the Cayman Islands.

He is listed by Legal 500 as a leading QC in the field of fraud.

KEY EXPERIENCE

Banking and Financial Regulation:

  • Providing ongoing advice to C-suite leaders of various banks in Pakistan, UAE, Russia and elsewhere on matters including: investigations by the FCA and Bank of England, acquisitions and money laundering regulations
  • FCA related matters: advised a number of senior bankers on issues relating to individual bankers' conduct involving market misconduct (insider dealing, mis-selling of financial products, failure to declare conflicts, failure to declare past misconduct outside the jurisdiction, representing a broker before a FISMA tribunal for misconduct)
  • Advised on liability and causes of action in a £10m dispute resulting from mortgages, credit lines to purchase properties, misconduct of directors, bank's fiduciary duties, bank's negligent financial advice
  • Advised a senior banker on contractual issues, departure terms and allegations of market irregularities
  • Advised on corporate governance, KYC, due diligence on the forex market. The dispute involved a Middle East entity.
  • Advised on breach of fiduciary duty by an employee/partner setting up a competing forex business

Civil Fraud:

All aspects of civil fraud; previous cases have included issues relating to property development companies, Special Purpose Vehicles (SPVs) and tax and banking fraud

Tax:

Appearing before the UK First Tier Tax Tribunals involving claims of between £5m-£15m. Advising on European Union inter-community tax law and VAT/Customs and Excise Duties related issues. These cases are highly complex involving issues of directors' duties, commercial loan agreements with an international dimension, company and personal insolvency; telecommunications industry; and forensic computer experts

Commercial Litigation:

As Standing Counsel to the Department of Trade and Industry his role included advisory and advocacy work in the High Court and Criminal Courts on all aspects of company law, Directors’ Duties and Disqualification Act; insolvency (personal and corporate); insider share dealing; company fraud (civil and criminal), company structures and aspects of government policy in these areas. In addition:

  • Advising on company structures for an internet-based investment vehicle with consequential issues with the FCA, listing requirements and regulatory issues
  • Advising on a multi-million pound fraud claim against a well-known high street bank
  • Advising a healthcare company in a claim involving share rights, directors' duties, breach of confidentiality and regulatory breaches
  • Advising an IT company on share allocation dispute, breach of directors' duties and misappropriation of company funds

General Regulatory:

Chairman of the Code Compliance Panel (CCP) which is responsible for PhonepayPlus’ adjudicatory function. Phonepayplus regulates premium rate phone paid services in the United Kingdom. The work is of a very complex nature involving the telecoms industry in the UK and within the EU. It involves consideration of Regulatory framework with EMEA/EMIR. Additionally:

  • Representing Doctors accused of Professional Misconduct before the GMC
  • Advisory work relating to professional misconduct by pharmacists being disciplined by the Royal Pharmaceutical Society
  • Advising solicitors charged with alleged professional misconduct before the Solicitors Regulatory Society
  • Representing brokers and financial institutions before the Financial Services and Markets Tribunal

CAREER HISTORY

Partner, Mishcon de Reya LLP
Consultant, Mishcon de Reya
Joint Head of Chambers, Thomas Bingham Chambers
Joint Head of Chambers, Old Bailey Chambers
Recorder of the Crown Court
Chairman of the Code of Compliance Panel for Phone Pay Plus
Bencher of the Hon Society of the Middle Temple
Serious Fraud Office, panel of Queen’s Counsel
Standing Counsel to the Dept. for Business, Innovation and Skills (former DTI)
Mbr FSLA, BBA