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 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 High Court; Upper Tribunal (Lands Chamber); County Court and First Tier Tribunal (Property Chamber).

His recent work includes appearing 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 business/commercial litigation – including trials; CCMCs; interlocutory applications; possession proceedings and insolvency hearings.

Rabby has acted for/against: social-housing, private and institutional landlord/tenants; listed and multi-national companies; Receivers; Administrators and other Insolvency Practitioners; banks and Local Government.

Known for his clear drafting; analytical precision and creative problem‑solving – Rabby handles complex issues with ease. His previous experience gives him a strong grasp of the commercial realities of business/property disputes.

In addition to his court work, Rabby is an accredited Mediator, having completed both the Foundation and Advanced programmes with the Society of Mediators. He has extensive experience in guiding mediations and settlement negotiations.
Property
Rabby accepts instructions across the full spectrum of property law: covering both landlord/tenant matters, as well as, real property disputes.

He regularly represents residential, commercial and institutional landlords/tenants in possession proceedings; TOLATA claims; trespass matters; applications to suspend evictions; forfeiture and relief and service charge disputes.

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

Prior to joining New Square Chambers, Rabby completed his pupillage at a pre-eminent property‑specialist set, undertaking a wide range of advisory/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/Trespass
- Injunctions/Nuisance
- Rent Reviews
- Land Registry matters
- Lease extensions/enfranchisement
- Right to Light
Before 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, Rabby 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, Insolvency and Companies List and at Winding Up/Bankruptcy petition hearings.

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

Rabby has previous experience in:
- Setting Aside Statutory Demands
- Restraining presentation/advertisement
- Obtaining Validation Orders
- Extensions of Administration
- Extensions to Register Charges
- Orders for Sale by Trustees-in-Bankruptcy
- Orders relating to s.283A Insolvency Act 1986
- Partnership and Shareholder disputes
- Winding Up/Bankruptcy Petitions
- Corporate Insolvency
- Debt Claims
- Responding to Liquidators’ requests for information
- Directors’ Loan Account issues
Rabby 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.

Rabby 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.

Rabby has previous experience in 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)