Rabby Fozlay

Our Barristers

"New Square Chambers is a highly regarded and well-known set of chambers with considerable breadth and depth of skill in its chosen areas.”Legal 500 UK Bar, 2024
“New Square go above and beyond at all levels. Personable, responsive and cost effective. Juniors are a cut above.”Legal 500 UK Bar, 2024
“New Square Chambers is an excellent set of chambers and go-to set for contentious trusts and estates work. Both senior and junior counsel are responsive, hardworking and thorough in their preparation.”Legal 500 UK Bar, 2024
“New Square Chambers have excellent strength and depth in chancery matters, with a good spread of expertise in traditional chancery trusts, company, insolvency, property and increasingly off shore capabilities.”Legal 500 UK Bar, 2023
“Members of the set are authors of go-to guides and publications, and host notable events including conferences attended by hundreds of practising solicitors and barristers.”Chambers UK Bar, 2023
“Members of the set are authors of go-to guides and publications, and host notable events including conferences attended by hundreds of practising solicitors and barristers.”Legal 500 UK Bar, 2023
“Counsel provide a prompt and exceptional service.”Chambers UK Bar, 2023

Overview
With over ten years’ experience in legal practice – across barristers’ chambers, solicitors’ firms and Local Government – Rabby brings a level of confidence and expertise well beyond his year of call. His advocacy spans the First-tier Tribunal (Property Chamber), County Court, Upper Tribunal (Lands Chamber) and the High Court.

Recent work includes serving as Junior Counsel in a High Court matter and assisting on a case before the Court of Appeal.

His practice covers the full range of property and commercial litigation, including trials, CCMCs, interlocutory applications, possession proceedings and insolvency hearings. He also has extensive experience guiding mediations and settlement negotiations.

Clients range from private and social-housing tenants to institutional landlords, listed and multinational companies, Receivers, Administrators and other Insolvency Practitioners, banks and Local Government bodies.

Known for clear drafting, analytical precision and a creative approach to problem‑solving, Rabby handles complex issues with clarity and efficiency. His background prior to joining the Bar provides a strong understanding of the commercial realities that often drive business and property disputes.

In addition to his court work, he is an accredited Mediator, having completed both the Foundation and Advanced programmes with the Society of Mediators.
Property
Rabby accepts instructions across the full spectrum of property law, covering both landlord and tenant matters as well as real property disputes.

His practice includes regular representation of residential, commercial and institutional landlords and tenants in possession proceedings, TOLATA claims, applications to suspend evictions, forfeiture and relief from forfeiture matters, and service charge disputes.

Recent work includes success in a High Court boundary dispute and involvement in a related matter before the Court of Appeal.

Prior to joining New Square Chambers, Rabby completed his pupillage at a leading property‑specialist set, undertaking a wide range of advisory and drafting work, including:
- Forfeiture and possession
- Business/LTA 1954 Act lease renewals
- Dilapidations
- Co-Ownership/TOLATA
- Easements
- Restrictive Covenants and Discharge/Modification
- Service Charges/RTM
- Proprietary Estoppel
- Adverse Possession
- Injunctions/Nuisance
- Rent Reviews
- Land Registry matters
- Lease extensions/enfranchisement
- Right to Light
Prior to joining the Bar, Rabby was part of a specialist in-house legal team representing a Local Authority in (multi-million pound) residential service charges disputes.

In this role, he successfully appeared in the Upper Tribunal (Lands Chamber); advised Local Government on novel/untested legal issues; settled a million-pound dispute against 25 leaseholders and regularly drafted/appeared at First-Tier Tribunal applications.

Rabby has also previously worked at Legal 500 solicitors’ firms – regularly drafting statutory notices including: s.5, s.21, s.25, s.26, s.42, s.45 and s.146 notices; and appearing at Possession Proceedings, CCMCs, interlocutory hearings and mediations.
Company & Insolvency
Rabby regularly appears in the High Court, the Insolvency and Companies List, and at both winding‑up and bankruptcy petition hearings.

His insolvency practice includes acting for both creditors and debtors, as well as for and against LPA Receivers, Administrators, Trustees in Bankruptcy and Liquidators. He is also frequently instructed in applications for Orders for Sale.

He has previous experience in:
- Partnership and Shareholder disputes
- Winding Up/Bankruptcy Petitions
- Extensions of Administration
- Extensions to Register Charges
- Orders for Sale by Trustees-in-Bankruptcy
- Orders relating to s.283A Insolvency Act 1986
- Corporate Insolvency
- Debt Claims
- Advising on injunctions to restrain presentation of a petition
- Obtaining validation orders
- Responding to Liquidators’ requests for information
- Directors’ Loan Account issues
Rabby has also successfully appeared in the County Court and the Insolvency and Companies Court; secured a judicial reference from Former Chief Registrar Baister and marshalled Deputy ICC Judge Schaffer.
Commercial Litigation
Rabby has acted for and against a wide range of clients, including listed and multinational companies (such as Dell and Trustpilot), bloodstock auctioneers, building renovation and management companies, financial services providers and insurance brokers, car‑hire companies and wedding service providers.

His advocacy experience includes successful appearances in both fast‑track and small‑claims trials involving unpaid invoices, the return of deposits and allegations of sub‑standard building work. He has also assisted in a complex insurance‑commission dispute involving multiple clawbacks over several years.

Previous experience includes claims relating to:
- Unpaid commissions
- Non-payment of invoices
- Sub-standard building work
- Consumer Rights Act 2015
- Car hire agreements
- Non-refundable deposits
- Unfair terms
- Abandonment of goods
- Conversion
- Unjust Enrichment
- Professional Negligence
Before coming to the Bar, Rabby was involved in various businesses; worked in-house and ran his own caseload of business/property disputes (valued up to £100,000) at a Legal 500 solicitors’ firm. This experience gives him a practical and grounded understanding of the practicalities and realities of business, as well as, a strong sense of commerciality.
Education
- Legal Practice (Bar) (BTC) (Distinction/Outstanding)
- MA (Oxon) Jurisprudence, University of Oxford
Awards
- Buchannan Prize (Lincoln’s Inn)
- Lord Denning Scholarship (Lincoln’s Inn)
- BPP Advocacy Scholar
- Award of Outstanding Academic Excellence
Memberships
- PBA (Property Bar Association)