M. Adil Fayyaz

Partner

adilfayyaz@hotmail.com Download CV

With expertise in the provinces of constitutional and administrative law, corporate and commercial law, banking disputes, and taxation, Mr. Adil Fayyaz acts for clients in a wide compass. His practice concentrates on advising and representing major multinational corporations, financial institutions, public and private sector corporate entities, and governmental authorities.

Recently, Mr. Fayyaz has been actively involved in defending a class-action challenge to the constitutionality of the Gas Infrastructure Development Cess Act, 2015 [involving an impact of billions of rupees to the national exchequer]. In 2019, Mr. Fayyaz played an instrumental role in successfully defending a constitutional onslaught to the vires of the offence of “willful default” under the Financial Institutions (Recovery of Finances) Ordinance, 2001, before a Full Bench of the Lahore High Court. He has also drafted two provincial legislative bills in respect of specialised healthcare procedures and pre-action protocols.

Born in 1993 in Lahore, Mr. Fayyaz attained his elementary and secondary education from the prestigious Aitchison College at Lahore. In 2014, he secured his qualifying law degree, LL.B (Hons), from the University of London, whereafter he went on to successfully complete the Bar Professional Training Course [BPTC] from Cardiff University. He qualified as a Barrister from the Honourable Society of Lincoln’s Inn, London, UK, and was called to the Bar of England and Wales in 2015. Thereafter, he went on to successfully complete his Masters of Law in Legal Practice (LL.M) from Cardiff University.

 RECENT REPRESENTATIVE EXPERIENCE

Mr. Fayyaz’s recent representative experience includes the following:

  • Defended the largest national gas transmission and distribution company of Pakistan in constitutional petitions relating to the constitutionality and vires of the Gas Infrastructure Development Cess Act, 2015, as also in matters relating to the legal classification of commercial and industrial consumers, including co-generation plants, captive power plants, and independent power producers before the Lahore High Court at Lahore, and recently before the Hon’ble Supreme Court of Pakistan [judgment reserved on 20.02.2020];
  • Drafted the Bill for the Punjab Human Organ Transplantation Authority Act, 2019 – an enactment to provide for the effective regulation of removal and transplantation of human organs, tissues and cells, and to curb the menace of illegal transplantations, as also its rules, regulations, and protocols;
  • Drafted the Bill for the Punjab Determination of Brain Death & Circulatory Death Act, 2019 – an enactment for the formulation and enforcement of a uniform criterion and framework for the assessment, evaluation, diagnosis, determination, and certification of brain death and circulatory death, as also its rules, regulations, and protocols;
  • Represented the Bank of Punjab before a Full Bench of the Lahore High Court at Lahore in constitutional petitions challenging the constitutionality and vires of section 2(g) of the Financial Institutions (Recovery of Finances) Ordinance, 2001, and section 5(r) of the National Accountability Ordinance, 1999, regarding “willful default”, in relation to the issue of concurrent legislation [approved for reporting at 2019 CLD 375];
  • Successfully represented the distributors and wholesalers association of M/s. Dalda Foods Limited & M/s. Wazir Ali Industries as a class action in persuading the Lahore High Court at Rawalpindi and Peshawar High Court at Abbottabad to grant injunctive relief with reference to a challenge to the constitutionality and vires of the Explanation to Entry 24 of the Sixth Schedule to the Sales Tax Act, 1990;
  • Successfully assisted the set on behalf of M/s. Sui Northern Gas Pipelines Limited in a multi-billion constitutional petition preferred by M/s. Crescent Steel & Allied Products Limited against the former on the interpretation of the Incoterms as published by the International Chamber of Commerce relating to international commercial law [approved for reporting at 2017 YLR 74 Lahore];
  • Successfully represented a private individual in a complex immovable property dispute regarding the interpretation of the Colonization of Government (Lands) Act, 1912, before the Lahore High Court at Lahore, and the probative value of a sale deed once executed by the Board of Revenue;
  • Successfully defended M/s. Lahore Grammar School (Pvt.) Limited in a complex and long-standing civil dispute regarding immovable property situated at one of the most-prime areas of Lahore before both the court of first instance and the appellate court resulting in concurrent findings of fact and law;
  • Represented the Punjab Human Organ Transplantation Authority at a National Conference and Workshop on “Illegal Transplantation of Human Organs”, organized by the Law and Justice Commission of Pakistan and Sindh Institute of Urology and Transplantation, pursuant to the orders of the Supreme Court of Pakistan in relation to reforms to the underlying law regulating the activity of transplantation;
  • Successfully defended an alarm monitoring security company in a claim for actionable infringement of intellectual property rights, and successfully persuaded the Intellectual Property Tribunal at Lahore to vacate and discharge the injunctive relief solicited by the opposing side;
  • Advised and successfully represented M/s. Sahir Associates (Pvt.) Limited in a classical deadlock between both members of the company, and persuaded the Lahore High Court at Lahore to restrain the financial investigation of the affairs of the business of the company;
  • Advised and represented the Water & Power Development Authority [WAPDA] on an ongoing basis on various service matters, including the Special WAPDA Allowance, and the WAPDA Generation Allowance, al., before the relevant courts of law, including the Federal Service Tribunals;
  • Advising M/s. Sui Northern Gas Pipelines Limited on an ongoing basis in respect of multitudinous issues varying from contract law to international commercial law and arbitrations;
  • Advised and represented Sheikh Zayed Hospital & Post Graduate Medical Institute on an ongoing basis in various matters before the Lahore High Court at Lahore and the Service Tribunal, including the constitutional onslaught regarding the devolution of the institute post-18th Amendment to the Constitution of the Islamic Republic of Pakistan, 1973;
  • Representing The Bank of Punjab in various banking suits (majority valued over PKR 500 Million) before the Lahore High Court at Lahore; and
  • Advising and representing MCB Bank Limited in various banking suits before the relevant Banking Courts at Lahore.