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 around 10 years’ experience in Legal Practice – across barristers’ chambers; solicitors’ firms and Local Government – Rabby is confident on his feet; experienced beyond his years of call and has already successfully appeared in the First Tier Tribunal (Property Chamber); County Court; Upper Tribunal (Lands Chamber) and High Court.

He, also, recently assisted in a Court of Appeal case.

Rabby has successfully undertaken fast-track/small claims trials; CCMCs; application and possession/insolvency hearings. He also leads mediations and settlement negotiations.

He has acted for/against: private/social-housing tenants; private/institutional landlords; HNWs; SMEs; listed/multinational companies; insolvency practitioners; banks and Local Government.

He is praised for his clear drafting, analytical precision, and creative problem-solving – tackling complex issues with ease.

With experience having worked in-house, and, in private practice – this has given Rabby a strong grasp of the commercial realities of business/property disputes.

Rabby is an accredited Mediator, having undertaken both Foundation and Advanced training with the Society of Mediators.
Property
Rabby recently assisted in a Court of Appeal boundary dispute.

Before joining New Square Chambers, he completed his pupillage at a pre-eminent property-specialist set, where he completed a range of advisory/drafting work, including:
- Forfeiture and possession
- Injunctions/Nuisance
- LTA 1954 Act renewals/disputes
- Dilapidations
- Co-Ownership/TOLATA
- Right to Light
- Easements
- Restrictive Covenants and Discharge/Modification
- Adverse Possession
- Rent Reviews
- Service Charges/RTM
- Lease extensions/enfranchisement
- Land Registry matters
- Proprietary Estoppel
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 – where he drafted statutory notices including: s.5, s.21, s.25, s.26, s.42, s.45 and s.146 notices; and regularly appeared at Possession Proceedings, CCMCs, Interlocutory Hearings and mediations.
Company & Insolvency
Rabby regularly appears in the High Court, Insolvency and Companies List and at Winding Up/Bankruptcy petition hearings.

He is instructed by both creditors and debtors and has acted for/against LPA Receivers; Trustees-in-Bankruptcy and Liquidators. Rabby is also regularly instructed in applications for Orders for Sale.

With previous experience in:
- Partnership and Shareholder disputes
- Winding Up/Bankruptcy Petitions
- Corporate Insolvency
- Orders for Sale by Trustees-in-Bankruptcy
- Debt Claims
- Advising on injunctions to restrain presentation of a petition
- Obtaining validation orders
- Respond to Liquidators’ requests for information
- Directors’ Loan Account issues
He has 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/against: listed/multinational companies (such as Dell and Trustpilot); bloodstock auctioneers; building renovation and management companies; financial services providers; insurance brokers; car hire companies and wedding service providers.

He has successfully appeared at both fast track and small claims trials for non-payment of invoices; the return of deposits; and sub-standard building work. Rabby has also assisted in a complex insurance commissions case, with various clawbacks over a number of years.

With previous experience in claims relating to:
- Unpaid commissions
- Non-payment of invoices
- Sub-standard building work
- the 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 ran his own businesses; worked in-house at a private-equity firm and has ran his own caseload of business/property disputes (valued upto £100,000) at a Legal 500 solicitors’ firm. This experience gives him an insight into the practicalities and realities of business, as well as, a strong sense of commerciality.
Education
- Barrister Training Course (BTC) (Distinction)
- 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