Alexander Farara

Alexander Farara

Call: 2019

Alex accepts instructions across all of Chambers’ practice areas with an emphasis on insolvency, commercial disputes and trusts, probate & estates.

Recent instructions include assisting on an unfair prejudice petition concerning a global Chinese-Mongolian restaurant group, resisting an insolvency action to reverse a series of financial transactions on the basis of s.339 (transactions at an undervalue), s.423 (defrauding creditors) and s.340 (preferences) of the Insolvency Act 1986 and acting in a multi-million pound action raising conspiracy and consumer credit issues. He frequently appears as sole counsel before the High Court and County Courts.

Prior to coming to the Bar, Alex worked at a leading commercial litigation boutique where he assisted in large-scale commercial disputes heard at every level before the English Courts, including the Supreme Court, and arbitral tribunals under all major institutional rules including LCIA and ICC. He also worked at a leading offshore firm based in the British Virgin Islands. He was admitted to the Bar in the BVI in 2022.

 

Insolvency & restructuring

Alex has acted for office-holders, directors, shareholders and individuals in personal and corporate insolvency disputes.

During pupillage he heavily assisted on litigation concerning the priority of a floating charge holder and the circumstances in which a solicitor’s lien may be preserved or waived in a multi-jurisdictional insolvency dispute heard before the Supreme Court and Eastern Caribbean Court of Appeal: [2022] UKSC 35. He also as a pupil helped advise on the merits of an appeal challenging a liquidator’s assignment of a cause of action: [2022] EWCA Civ 626.

Alex’s experience includes:

  • Claims challenging reviewable or antecedent transactions;
  • Applications to challenge the decisions of office-holders;
  • Applications seeking an exemption to the general restriction on the re-use of company names on behalf of directors under section 216 of the Insolvency Act 1986;
  • Official Receiver applications for bankruptcy restrictions orders under sch.4A of the Insolvency Act 1986;
  • Advising and acting in winding up and bankruptcy petitions;
  • Applications to set aside statutory demands;
  • Applications restraining the presentation of winding up petitions; and
  • Applications to challenge both the remuneration of office-holders and extent of liquidation expenses.

Commercial

Alex’s practice incorporates a wide range of commercial disputes. He is regularly instructed on matters concerning company, partnership, contract, agency, debt, and the sale and provision of goods and services.

Featured cases

  • Acting (led by Duncan MacPherson) in an unfair prejudice petition concerning a Chinese-Mongolian restaurant group valued at £20-£30m;
  • Acting (led by Jonathan Miller) in the defence of an action concerning a £7m loan raising conspiracy and consumer credit issues;
  • Acting (sole counsel) for the personal representatives of the estate of a deceased partner in a solicitor’s firm subject to a claim for damages and dissolution;
  • Acting (sole counsel) in a dispute concerning the secret purchase of a home and the tracing of misappropriated funds; and
  • Acting (sole counsel) in an unfair prejudice petition concerning a joint venture in a quasi partnership.

Trusts, probate, & estates

Alex accepts instructions within the contentious private client space, whether to advise, draft or appear in Court.

He acts in:

  • Claims under the Inheritance (Provision for Family and Dependants) Act 1975;
  • Challenges to the validity of wills; and
  • Claims to remove trustees and personal representatives.

He also has experience in general trust litigation including:

  • Claims for personal and proprietary remedies based on breach of trust;
  • Applications to facilitate the tracing and discovery of misappropriated assets; and
  • Claims under the Trusts of Land and Appointment of Trustees Act 1996.

Property

Much of Alex’s property work is undertaken as sole counsel.

His experience includes:

  • Advising and appearing in lease extension applications for residential and commercial properties;
  • Applications for charging orders and orders for sale in respect of properties subject to disputed claims by alleged beneficiaries;
  • Acting in fast and small track trials in respect of dilapidation and disrepair claims; and
  • Contested possession proceedings, including where the property in question is the subject of a trust contested amongst the beneficiaries.

He recently acted, on an urgent basis, in an injunction application brought under the Tort (Interference with Goods) Act 1977 in a landlord and tenant dispute concerning a commercial property.

Education

  • BPTC, City Law School
  • GE LLB, City Law School
  • BA (double-major philosophy and literature), Boston College (USA)

Memberships

  • Contentious Trusts Association
  • Chancery Bar Association

Languages

  • Spanish (conversational)

This is the Privacy Policy for:

Barrister: Alexander Farara

Address: 1EC, 3 King’s Bench Walk North, Inner Temple, London, EC4Y 7HR

The Purposes for which Personal Data is Processed:

Personal data will be processed in order to enable the provision of legal services, ie:

  1. advice;
  2. representation in court;
  3. the drafting of legal documents.

It may also be necessary to retain personal data for conflict-checking purposes or for use in the defense of potential complaints, legal proceedings or fee disputes.

The Lawful Basis for Processing Personal Data

In some cases the subject of the personal data will have given consent to the processing of his or her personal data. Where explicit consent has not been given, personal data will be processed only when:

  1. it is necessary for the performance of a contract with the person whose personal data is processed (or prior to entering such contract, in order to take steps at the request of the person whose personal data is processed); or when
  2. it is necessary for the purposes of providing legal services.

Special Categories of Personal Data

It may be necessary to process personal data which constitute particularly sensitive special categories, ie personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

Such data will only be processed where processing is necessary for the establishment, exercise or defense of legal claims.

Who will receive Personal Data

The recipients of the personal data processed will be:

  1. instructing solicitors and clients;
  2. courts and other tribunals to which documents are presented;
  3. witnesses and potential witnesses, including expert witnesses;
  4. other barristers, pupil barristers and other legal representatives;
  5. regulatory authorities.

Retention Periods for Personal Data

Personal data in case files will generally be kept at least the end of one year after the maximum relevant limitation period has expired. The limitation period will be measured from the latest date it is possible to bring any appeal.

The retention period will be reviewed when the work has been completed. The retention period may be adjusted at that time.

International Data Transfers

In cases involving international disputes, it may be necessary to transfer personal data to countries outside the European Economic Area which have different data protection standards to those which apply in the European Economic Area. This will only be done for the purposes set out in this Privacy Policy. In the event this is necessary, appropriate safeguards will be in place to protect personal data, such as European Commission approved standard contractual clauses or the EU-US Privacy Shield. You have a right to ask for a copy of the relevant safeguard.

Individual’s Rights

If your personal data has been processed or held, you have a right to request access to (and rectification or erasure of) personal data; or to request restriction of processing concerning the data subject; or to object to processing; as well as the right to data portability. These rights may be limited where there is a legal requirement, or other legitimate grounds, to process your data.

If you wish to exercise these rights, please use the contact details above.

If you have unresolved concerns you also have the right to complain to data protection authorities.