Naina Patel

Representing six Afghans eligible for resettlement to the UK under the ‘ARAP’ scheme in urgent judicial review challenges to the UK Government’s policy of ceasing to use bridging hotels to accommodate such individuals on arrival in the UK, leading to thousands being stranded in third countries like Pakistan awaiting relocation, on expired Pakistani visas facing the threat of imminent deportation. The Government withdrew the challenged policy in October 2023 (with Tom Hickman KC).

Acting for the claimants in a civil claim against a natural resources company, in respect of serious assaults allegedly perpetrated by security personnel (with Tim Otty KC).

Acting pro bono on behalf of Ukraine in the inter-state case Ukraine v Russia (Application 11055/22) concerning the Ukrainian Government’s allegations of “human rights violations committed by the Russian Federation in its military operations on the territory of Ukraine since 24 February 2022” (with Tim Otty QC). 

Acted on behalf of 71 claimants who allege that they suffered serious human rights abuses at the Williamson Diamond Mine in Tanzania.  Settlement followed the issue of claims in the High Court in London against Petra Diamonds Ltd and its majority-owned Tanzanian subsidiary, Williamson Diamonds Ltd (with Tim Otty QC).

Successfully represented the Kingdom of Spain in this appeal against the registration of a Spanish judgment, raising the issue of whether alleged breaches of ECHR or ICCPR rights can constitute a manifest breach of English public policy (with Timothy Young QC).  

Successfully represented the Claimant charity in its challenge to the lawfulness of Guidance by which the norm of oral appeal hearings was replaced with a default of paper determinations of statutory asylum and immigration appeals during the Covid-19 pandemic. The President has, in response to the judgment, withdrawn the unlawful guidance.  (With Charlotte Kilroy QC and Rachel Jones).

Represented the claimants at an early stage in this challenge to the SSHD's failure to consider their eligibility for DLR as a victim of modern slavery before considering their protection claims and her policies on victims on modern slavery as failing to reflect the obligations imposed by the Anti-Trafficking Convention.

Representing the Claimant in this Article 4 ECHR claim for damages for breach of the protective obligation to protect against trafficking and forced labour by virtue of entry clearance procedures in place and properly operated. Successfully defended strike out application.

Advised several government departments in relation to a high profile threatened challenge concerning one of their responses to the migration crisis.

Junior Counsel to the Secretaries of State in these appeals concerning challenges to the compatibility of the criminal records disclosure regime with Article 8 ECHR (with James Eadie QC and Kate Gallafent QC).

Successfully represented the Respondent in this second appeal against an entry clearance decision relating to a minor seeking to join his mother on the basis of an error concerning serious and compelling circumstances. 

Represented the SSHD in interlocutory proceedings relating to a mother's application for a declaration that committal findings against the father (who had removed her three children to Nigeria) constituted criminal offences so as to achieve his extradition to the UK.

Acted for the Claimant company in this judicial review and related applications [2017] EWHC 255 (Admin) and [2017] EWHC 2482 (Admin) challenging various decisions of the SSHD and SSJ relating to a foreign criminal convicted of stealing their confidential investment strategies, including his proposed deportation to China where there was a real risk of his being reunited with the fruits of his crime.

Acted for the Claimant in this Article 4 ECHR claim for damages for breaches of the protective obligation to protect against trafficking and forced labour by virtue of operating the join ship visa scheme.

Successfully represented the Claimant in this complex unlawful detention claim where, following 3 interlocutory hearings, the Claimant was released on bail pending the expedited hearing of his claim for judicial review.  

Acted for the Metropolitan Police, an interested party in this challenge to the decision to seize and cancel passports using powers under the Counter-Terrorism and Security Act 2015 and the royal prerogative.

Successfully acted for the Appellant in this claim concerning the demands of procedural fairness in an interview with a victim of human trafficking.

Represented the Secretary of State in this unlawful detention claim where the Court accepted the submission that the Secretary of State was entitled to a period of time to consider a change of circumstances and decide whether to release.

Successfully represented the Defendant in this challenge to the recall of a prisoner from open conditions following the introduction of a new policy on transfers to open conditions for prisoners with an abscond history.  The Court found no illegality or Article 5 ECHR breaches.

Acted for the Secretary of State in this challenge to the criminal records disclosure scheme on the grounds its alleged absence of procedural safeguards infringed Article 8 ECHR (with Kate Gallafent QC).

In the immediate aftermath of the referendum, advised a confidential client on whether the UK Government's giving notice of the UK's intention to leave the EU under Article 50 TFEU is revocable and whether it requires prior Parliamentary consent (with Professor Sir Jeffrey Jowell QC).

Successfully acted for PLP in this successful challenge to the proposed residence test for civil legal aid, set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2014.  The Supreme Court found that the test was ultra vires its authorising statute (with Michael Fordham QC and Ben Jaffey).

Successfully represented the Defendant in this appeal concerning a challenge to a new policy on transfers to open conditions and temporary release for prisoners with an abscond history, following the dismissal of the claim R (Gilbert) v SSHD [2015] EWHC 927  (with Tom Weisselberg QC).

Successfully acted for the successful Respondent in this case concerning whether the Secretary of State's use of a second deportation order to deport following a successful appeal against a first order constituted an abuse of process.

Successfully represented the Defendant in this challenge to a new policy on temporary release for prisoners with an abscond history on grounds which included alleged indirect discrimination for prisoners suffering from certain disabilities.

Represented the Appellant in this appeal from AA/03394/2006 on remittal from the Court of Appeal following its decision in AH (Algeria) [2012] EWCA Civ 395 regarding the application of the exclusion clauses in Article 1F of the Refugee Convention.

Successfully acted for the Respondent in this contested application for permission to appeal to the Court of Appeal raising issues as to the status of an undertaking given by a Home Office Presenting Officer to the Tribunal regarding route of return and whether a Tribunal is entitled to decide the question of Article 3 ECHR risk on return by reference to events eg. documentation of an individual which has not yet taken place.

Acted for the Department in this challenge to its process of assessing the Government of Ethiopia’s compliance with its Partnership Principles (in particular its commitment to respecting human rights and other international obligations) for the purposes of making continued aid disbursements to the country (with James Eadie QC).

Successfully represented the Claimants in this in this leapfrog appeal from [2012] EWHC 3635 Admin, a challenge to the decision of the Registrar-General for Births, Deaths and Marriages not to register the London Scientology Chapel as a place of meeting for religious worship on grounds of unlawfulness and religious discrimination (with Lord Lester QC).

Successfully acted for the Claimant in this judicial review of the unlawfulness of his detention given the improbability of obtaining an Emergency Travel Document within any reasonable period of time.

Successfully acted for the Defendant in this judicial review of the refusal to treat further submissions as a fresh claim in the context of a Claimant who raised Article 3 and Article 8 ECHR issues arising from his claimed Christianity and his return to Afghanistan – where the Claimant had been returned and he sought to rely on evidence consequential upon his return.

Successfully acted for the Governor of the Cayman Islands in this challenge to the constitutionality of various provisions of the Cayman Islands Constitution Order 2009 relating to judicial independence pursuant to section 4 of the Judicial Committee Act 1833 (with Lord Pannick QC and Professor Sir Jeffrey Jowell QC).

Acted for the Claimant in this vires and fairness challenge to the conduct of the Commission of Inquiry into corruption in the government and legislature of the Islands (with Lord Pannick QC and Javan Herberg QC).

Acted for the Society in this challenge to its decision to cancel a room booking for an event on gay marriage on grounds it amounted to religious discrimination.  Settled.

Acted for UNHCR in this case concerning the application of HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31 to cases concerning imputed political opinion, where individuals are politically apathetic but be persecuted for being perceived to be politically opposed to a particular regime (with Michael Fordham QC).

Successfully acted for the Thames Valley Police in this challenge to the amendments to Code A of the PACE Code of Practice removing the requirement to monitor the ethnicity of a person subject to stop and search powers, successfully resisting the grant of permission.

Acted for JUSTICE/Liberty in this appeal regarding the compatibility of the closed material in employment proceedings with Article 6 ECHR and EU law, brought on the context of a claim for racial and religious discrimination (with John Howell QC).

Successfully acted for the Claimants in this appeal from [2007] UKHL 26; [2007] 3 WLR 33 concerning the extra-territorial application of the Human Rights Act 1998 to killings by British soldiers in post-war Iraq (with Rabinder Singh QC and Michael Fordham QC). 

Acted for JUSTICE/Liberty intervening in this appeal from [2010] EWCA Civ 482 and [2009] EWHC 2959 on the question of whether the Government may withhold sensitive evidence from several former victims of extraordinary rendition and torture in civil claims for damages but rely on that evidence in closed proceedings (with John Howell QC).  Acted for individual claimants below (with Michael Fordham QC).

Successfully represented UNHCR in this landmark case on the rights of gay asylum seekers where the Supreme Court held that such individuals could not be expected to seek to protect themselves from persecution in their home country by concealing sexual identity (with Michael Fordham QC)

Representing six Afghans eligible for resettlement to the UK under the ‘ARAP’ scheme in urgent judicial review challenges to the UK Government’s policy of ceasing to use bridging hotels to accommodate such individuals on arrival in the UK, leading to thousands being stranded in third countries like Pakistan awaiting relocation, on expired Pakistani visas facing the threat of imminent deportation. The Government withdrew the challenged policy in October 2023 (with Tom Hickman KC).

Acted for Ofsted in this judicial review challenge to a school’s rating following an inspection which raised issues relating to the framework for the assessment of standards in schools.

Represented Scottish Power in this highly expedited judicial review of the subsidy granted to Octopus Energy to enable it to acquire the customers of Bulb which had entered into energy administration, one of only two subsidy control cases brought before the UK courts since the UK left the European Union (with Kieron Beal KC). An application for permission to appeal is pending.

Represented the Department of Education, an Interested Party in this appeal by Ofqual against a Decision Notice of the Ico which required it to disclose certain information requested under FOIA which showed the percentage of Centre Assessed Grades in each education centre in England that was adjusted following the application of the algorithm or standardisation applied during Covid. The appeal was dismissed but the decision of the First-Tier Tribunal was subsequently set aside by the Upper Tribunal in [2023] UKUT 253 (AAC).

Represented Ofcom in this judicial review challenge to a decision to reject an application for a small-scale radio multiplex licence on multiple grounds. Permission refused.

Successfully defended Ofcom in this appeal brought by CityFibre against a commercial offer from Openreach concerning the rollout of fibre to the premises (FTTP) broadband (Equinox) (with Monica Carss-Frisk QC).

Successfully represented the Competition Market Authority in the first ever judicial review of the making of a market investigation reference.  The investigation concerned Motorola’s Airwave network, the mobile radio network used by all emergency services in Great Britain (with Josh Holmes QC).

Advised a multinational energy company in respect of various competition and insolvency issues, routes for exiting a gas or electricity supply licence and the Suppler of Last Resort process. 

Advised a multinational energy company in respect of various definitions in the Electricity Act 1989 and their application in the context of offshore and onshore transmission systems respectively.

Acted for Star Pubs & Bars Limited in the first ever appeal to the High Court against a financial sanction imposed by the Pubs Code Adjudicator (with Catherine Callaghan QC).

Acted for Her Majesty's Treasury and Revenue in Customs in this judicial review of a decision to abolish the abolition of the VAT Retail Export Scheme in Great Britain and the extra-statutory concession for airside shopping in the United Kingdom following the exit of the UK from the EU.  One of The Lawyer’s Top 20 Cases of 2021, the case was the first to consider the justiciability of WTO law domestically post-Brexit .

Successfully represented the Claimant charity in its challenge to the lawfulness of Guidance by which the norm of oral appeal hearings was replaced with a default of paper determinations of statutory asylum and immigration appeals during the Covid-19 pandemic. The President has, in response to the judgment, withdrawn the unlawful guidance.  (With Charlotte Kilroy QC and Rachel Jones).

Represented the claimants at an early stage in this challenge to the SSHD's failure to consider their eligibility for DLR as a victim of modern slavery before considering their protection claims and her policies on victims on modern slavery as failing to reflect the obligations imposed by the Anti-Trafficking Convention.

Acted for the QFC in this first-of-its-kind application to enforce the financial penalty stipulated in one of its Decision Notices against the First Abu Dhabi Bank PJSC.  The application involved questions relating to service in the context of the diplomatic blockade of Qatar by the UAE and the test the Court should apply to deciding whether to permit enforcement of the QFC's Decision Notice (with Ben Jaffey QC).

Successfully represented the Secretary of State in this important decision about the treatment of informal agreements by non-resident parents to maintain children outside the jurisdiction of the UK for the purposes of child maintenance assessments.

Advised several government departments in relation to a high profile threatened challenge concerning one of their responses to the migration crisis.

Junior Counsel to the Secretaries of State in these appeals concerning challenges to the compatibility of the criminal records disclosure regime with Article 8 ECHR (with James Eadie QC and Kate Gallafent QC).

Successfully represented the FCO in this appeal against the ICO's determination of a FOIA appeal concerning documentation relating to an attempted aircraft bombing in 1986. 

Advised on issues under the Diplomatic and Consumer Premises Act 1987 relating to the sale of a property.

Represented a utility provider in this potential challenge to a regulator relating to changes in the regulatory regime, including a price control mechanism.

Represented the SSHD in interlocutory proceedings relating to a mother's application for a declaration that committal findings against the father (who had removed her three children to Nigeria) constituted criminal offences so as to achieve his extradition to the UK.

Acted for the Claimant company in this judicial review and related applications [2017] EWHC 255 (Admin) and [2017] EWHC 2482 (Admin) challenging various decisions of the SSHD and SSJ relating to a foreign criminal convicted of stealing their confidential investment strategies, including his proposed deportation to China where there was a real risk of his being reunited with the fruits of his crime.

Successfully acted for Scottish and Southern Electricity, a proposed third party to a judicial review of a determination by GEMA relating to charges payable by customers for connections to electricity distributors under the Electricity Act 1989.

Acted for the Director in this challenge to a decision to refuse funding to pursue a costs appeal following the compromise of a claim for judicial review and no order as to costs being made.

Acted for Allam Marine in this challenge to the decision to refuse an export licence for the export of industrial generators to the UAE.

Acted for the Secretary of State in these challenges to the criminal records disclosure scheme on the grounds its alleged absence of procedural safeguards infringed Article 8 ECHR (with Kate Gallafent QC).

Acted for the Secretary of State in this challenge to the criminal records disclosure scheme on the grounds its alleged absence of procedural safeguards infringed Article 8 ECHR (with Kate Gallafent QC).

Successfully acted for the Respondent in this appeal against the decision of the Eastern Caribbean Court of Appeal (British Virgin Islands) that the Commissioner's seizure of Delta's fuel storage tank and its contents was unlawful, the fuel not having been liable to forfeiture under the Customs Management and Duties Act No 6 of 2010.

Successfully acted for the Defendant in this challenge to a decision of the Service Complaints Panel to discharge an individual from service, permission being refused on the papers.

Successfully represented the Defendant in this challenge to the recall of a prisoner from open conditions following the introduction of a new policy on transfers to open conditions for prisoners with an abscond history.  The Court found no illegality or Article 5 ECHR breaches.

Successfully acted for the Claimant service user in this challenge to proposed cuts to seven specialist mental health services in Manchester.  Following the grant of permission, the decisions challenged were withdrawn.

Acted for the Metropolitan Police, an interested party in this challenge to the decision to seize and cancel passports using powers under the Counter-Terrorism and Security Act 2015 and the royal prerogative.

Represented the Secretary of State in this unlawful detention claim where the Court accepted the submission that the Secretary of State was entitled to a period of time to consider a change of circumstances and decide whether to release.

In the immediate aftermath of the referendum, advised a confidential client on whether the UK Government's giving notice of the UK's intention to leave the EU under Article 50 TFEU is revocable and whether it requires prior Parliamentary consent (with Professor Sir Jeffrey Jowell QC).

Successfully acted for PLP in this successful challenge to the proposed residence test for civil legal aid, set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2014.  The Supreme Court found that the test was ultra vires its authorising statute (with Michael Fordham QC and Ben Jaffey).

Successfully represented the Defendant in this appeal concerning a challenge to a new policy on transfers to open conditions and temporary release for prisoners with an abscond history, following the dismissal of the claim R (Gilbert) v SSHD [2015] EWHC 927  (with Tom Weisselberg QC).

Successfully represented Stagecoach in proceedings before the Quality Contracts Board regarding the proposed Quality Contracts Scheme for buses in Tyne and Wear. 

Represented the Appellant in this appeal from AA/03394/2006 on remittal from the Court of Appeal following its decision in AH (Algeria) [2012] EWCA Civ 395 regarding the application of the exclusion clauses in Article 1F of the Refugee Convention.

Successfully represented the Defendant in this challenge to a new policy on temporary release for prisoners with an abscond history on grounds which included alleged indirect discrimination for prisoners suffering from certain disabilities.

Successfully acted for the Civil Aviation Authority in this challenge regarding the safety standards to be applied at RAF Northolt, a government aerodrome which accepts civil passenger and commercial air traffic as well as military aircraft (with Sarah Wilkinson).

Acting for the GMC in this appeal under section 40 of the Medical Act 1983 against a doctor’s erasure from the medical register following information she provided by way of a witness statement in County Court proceedings.

Acted for the aluminium producer United Company Rusal in its judicial review of a warehousing rule change by the London Metal Exchange (with Monica Carss-Frisk QC and James Segan).

Successfully represented the Claimants in this in this leapfrog appeal from [2012] EWHC 3635 Admin, a challenge to the decision of the Registrar-General for Births, Deaths and Marriages not to register the London Scientology Chapel as a place of meeting for religious worship on grounds of unlawfulness and religious discrimination (with Lord Lester QC).

Successfully acted for the Claimant in this judicial review of the unlawfulness of his detention given the improbability of obtaining an Emergency Travel Document within any reasonable period of time.

Acted for UNHCR in this case concerning the application of HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31 to cases concerning imputed political opinion, where individuals are politically apathetic but be persecuted for being perceived to be politically opposed to a particular regime (with Michael Fordham QC).

Successfully acted for the Governor of the Cayman Islands in this challenge to the constitutionality of various provisions of the Cayman Islands Constitution Order 2009 relating to judicial independence pursuant to section 4 of the Judicial Committee Act 1833 (with Lord Pannick QC and Professor Sir Jeffrey Jowell QC).

Acted for the Claimant in this vires and fairness challenge to the conduct of the Commission of Inquiry into corruption in the government and legislature of the Islands (with Lord Pannick QC and Javan Herberg QC).

Successfully acted for the Thames Valley Police in this challenge to the amendments to Code A of the PACE Code of Practice removing the requirement to monitor the ethnicity of a person subject to stop and search powers, successfully resisting the grant of permission.

Successfully acted for the Claimants in this appeal from [2007] UKHL 26; [2007] 3 WLR 33 concerning the extra-territorial application of the Human Rights Act 1998 to killings by British soldiers in post-war Iraq (with Rabinder Singh QC and Michael Fordham QC). 

Acted for JUSTICE/Liberty in this appeal regarding the compatibility of the closed material in employment proceedings with Article 6 ECHR and EU law, brought on the context of a claim for racial and religious discrimination (with John Howell QC).

Successfully represented UNHCR in this landmark case on the rights of gay asylum seekers where the Supreme Court held that such individuals could not be expected to seek to protect themselves from persecution in their home country by concealing sexual identity (with Michael Fordham QC)

Acted for the Claimant in this challenge, on EU and ECHR grounds, to legislation banning the display of tobacco products (with Tom de la Mare QC).

Acting pro bono on behalf of Ukraine in the inter-state case Ukraine v Russia (Application 11055/22) concerning the Ukrainian Government’s allegations of “human rights violations committed by the Russian Federation in its military operations on the territory of Ukraine since 24 February 2022” (with Tim Otty QC). 

Advised in relation to language used in relation to a major international treaty and its implications for policy and practice.

Acted for the Maduro Board in this important judgment on head of state recognition and foreign act of state in the ongoing battle for control over Venezuelan gold reserves worth nearly $2 billion and held at the Bank of England (with Jeffrey Jowell QC and Nick Vineall QC).

Acted for Her Majesty's Treasury and Revenue in Customs in this judicial review of a decision to abolish the abolition of the VAT Retail Export Scheme in Great Britain and the extra-statutory concession for airside shopping in the United Kingdom following the exit of the UK from the EU.  One of The Lawyer’s Top 20 Cases of 2021, the case was the first to consider the justiciability of WTO law domestically post-Brexit .

Successfully represented the Kingdom of Spain in this appeal against the registration of a Spanish judgment, raising the issue of whether alleged breaches of ECHR or ICCPR rights can constitute a manifest breach of English public policy (with Timothy Young QC).  

Acted for the QFC in this first-of-its-kind application to enforce the financial penalty stipulated in one of its Decision Notices against the First Abu Dhabi Bank PJSC.  The application involved questions relating to service in the context of the diplomatic blockade of Qatar by the UAE and the test the Court should apply to deciding whether to permit enforcement of the QFC's Decision Notice (with Ben Jaffey QC).

Advised a government in relation to a WTO-related dispute raising complex issues concerning the interplay between domestic and international law in the context of international trade.

Advised the Government of the Cayman Islands on the lawfulness of the Order in Council proposed under the Sanctions and Anti-Money Laundering Act 2018 to introduce public registers of beneficial interests in the jurisdiction (with Lord Pannick QC and Sir Jeffrey Jowell QC).

Advised on issues under the Diplomatic and Consumer Premises Act 1987 relating to the sale of a property.

Successfully sued on USD50 million United States judgment for losses from terrorist destruction of aircraft in a claim raising issues of service absent diplomatic relations, state immunity, submission to the jurisdiction and frozen assets (with Tim Otty QC).

Represented the SSHD in interlocutory proceedings relating to a mother's application for a declaration that committal findings against the father (who had removed her three children to Nigeria) constituted criminal offences so as to achieve his extradition to the UK.

In the immediate aftermath of the referendum, advised a confidential client on whether the UK Government's giving notice of the UK's intention to leave the EU under Article 50 TFEU is revocable and whether it requires prior Parliamentary consent (with Professor Sir Jeffrey Jowell QC).

Represented the Appellant in this appeal from AA/03394/2006 on remittal from the Court of Appeal following its decision in AH (Algeria) [2012] EWCA Civ 395 regarding the application of the exclusion clauses in Article 1F of the Refugee Convention.

Advised a state corporation in relation to possible inter-state claims and claims under a Bilateral Investment Treaty relating to a failed joint venture with companies in another state (with Michael Beloff QC).

Acted for the Department in this challenge to its process of assessing the Government of Ethiopia’s compliance with its Partnership Principles (in particular its commitment to respecting human rights and other international obligations) for the purposes of making continued aid disbursements to the country (with James Eadie QC).

Provided support to the Myanmar national consultation process on the Constitution of the Republic of the Union of Myanmar 2008 through a Constitutional Bus Tour that travelled the country raising awareness of the current Constitution and assisting individuals who wished to submit recommendations to the Joint Committee for Reviewing the Constitution.  Also provided technical assistance to Parliamentarians as they considered and debated amendments (with Professor Sir Jeffrey Jowell QC).

Advised on whether a proposed application to the ECtHR is an appeal for the purposes of section 3(2)€ of the Reciprocal Enforcement of Judgments Act 1922 (with Michael Beloff QC) .

Advised the EBRD on legal barriers to women’s access to credit in both Morocco and the Kyrgyz Republic.

Advised the Libyan Progress Initiative on constitutional options for the new Libya (with Professor Sir Jeffrey Jowell QC).

Successfully acted for the Claimants in this appeal from [2007] UKHL 26; [2007] 3 WLR 33 concerning the extra-territorial application of the Human Rights Act 1998 to killings by British soldiers in post-war Iraq (with Rabinder Singh QC and Michael Fordham QC). 

Acted for JUSTICE/Liberty intervening in this appeal from [2010] EWCA Civ 482 and [2009] EWHC 2959 on the question of whether the Government may withhold sensitive evidence from several former victims of extraordinary rendition and torture in civil claims for damages but rely on that evidence in closed proceedings (with John Howell QC).  Acted for individual claimants below (with Michael Fordham QC).

Acting for the CMA in this judicial review of its decision to impose a price cap on Motorola following its market investigation into the supply of the communications network for emergency personnel via the “Airwave network” which found that features of the market cause an adverse effect on competition and result in the charging of supernormal profits by Motorola.

Successfully represented Mastercard in this highly significant hearing in the interchange fee litigation addressing the effect of a post-Brexit judgment of the ECJ on rights which are said to have ‘accrued’ under EU law prior to Brexit. The hearing addressed whether C-267-20 Volvo AB and DAF Trucks NV v RM was authority for the proposition that as a matter of EU law, a limitation period in competition cases can only start to run from the time when the infringement ceased, and if so whether Volvo was binding in relation to proceedings that involved infringements which began pre-Brexit. The Tribunal found, agreeing with Mastercard, that the answer to both questions was no (with Tim Otty KC and Matthew Cook KC).

Represented Scottish Power in this highly expedited judicial review of the subsidy granted to Octopus Energy to enable it to acquire the customers of Bulb which had entered into energy administration, one of only two subsidy control cases brought before the UK courts since the UK left the European Union (with Kieron Beal KC). An application for permission to appeal is pending.

Acting for Jaguar Land Rover in this damages claim brought in the High Court and transferred to the CAT against members of the DENSO Group following a European Commission Decision in respect of a cartel relating to alternators and starters for automobiles.

Acting for a software company against another software company in relation to a claim for injunctive relief and dominance arising out of the alleged abuse of a dominant position in the relevant market manifested in the adoption of a new trading model containing anti-competitive terms.

Represented members of the Renault Group in a hybrid follow-on and stand-alone damages claim brought in the High Court against members of the DENSO Group following a European Commission Decision in respect of a thermal systems cartel.  Made the first application for early specific disclosure (before issue but before service of the claim) in this type of cartel damages claim.

Successfully defended Ofcom in this appeal brought by CityFibre against a commercial offer from Openreach concerning the rollout of fibre to the premises (FTTP) broadband (Equinox) (with Monica Carss-Frisk QC).

Successfully represented the Competition Market Authority in the first ever judicial review of the making of a market investigation reference.  The investigation concerned Motorola’s Airwave network, the mobile radio network used by all emergency services in Great Britain (with Josh Holmes QC).

Advised a multinational energy company in respect of various definitions in the Electricity Act 1989 and their application in the context of offshore and onshore transmission systems respectively.

Advised a multinational energy company in respect of various competition and insolvency issues, routes for exiting a gas or electricity supply licence and the Suppler of Last Resort process. 

Represented members of the Jaguar Land Rover Group in a follow-on damages claim brought in the High Court against various manufacturers of automotive bearings following a European Commission Decision about a bearings cartel.

Acted for Her Majesty's Treasury and Revenue in Customs in this judicial review of a decision to abolish the abolition of the VAT Retail Export Scheme in Great Britain and the extra-statutory concession for airside shopping in the United Kingdom following the exit of the UK from the EU.  One of The Lawyer’s Top 20 Cases of 2021, the case was the first to consider the justiciability of WTO law domestically post-Brexit .

Acted for Star Pubs & Bars Limited in the first ever appeal to the High Court against a financial sanction imposed by the Pubs Code Adjudicator (with Catherine Callaghan QC).

Represented a utility provider in this potential challenge to a regulator relating to changes in the regulatory regime, including a price control mechanism.

Represented the Claimants in this cartel damages action arising out of the European Commission's Bearings decision (CAT).  Settled shortly before trial.

Successfully represented Stagecoach in proceedings before the Quality Contracts Board regarding the proposed Quality Contracts Scheme for buses in Tyne and Wear. 

Advised the OFT in pre-litigation relating to the OFT’s crack down on airlines applying payment surcharges for standard modes of payment.   The case raised significant questions under the relevant EU consumer Directives and instruments (with Tom de la Mare QC).

Advised in relation to the legislative implications of the Technical Standards Directive in the domestic context (with David Pannick QC and Tom de la Mare).

Advised in relation to the competition law implications of the London Living Wage (with Tom de la Mare QC).

Advised in relation to a major potential group anti-trust action and in the communications sector (with Tom de la Mare).

Represented members of the Renault Group in a hybrid follow-on and stand-alone damages claim brought in the High Court against members of the DENSO Group following a European Commission Decision in respect of a thermal systems cartel.  Made the first application for early specific disclosure (before issue but before service of the claim) in this type of cartel damages claim.

Represented members of the Jaguar Land Rover Group in a follow-on damages claim brought in the High Court against various manufacturers of automotive bearings following a European Commission Decision about a bearings cartel.

Acted for Her Majesty's Treasury and Revenue in Customs in this judicial review of a decision to abolish the abolition of the VAT Retail Export Scheme in Great Britain and the extra-statutory concession for airside shopping in the United Kingdom following the exit of the UK from the EU.  One of The Lawyer’s Top 20 Cases of 2021, the case was the first to consider the justiciability of WTO law domestically post-Brexit .

Represented the Claimants in this cartel damages action arising out of the European Commission's Bearings decision (CAT).  Settled shortly before trial.

Advised the OFT in pre-litigation relating to the OFT’s crack down on airlines applying payment surcharges for standard modes of payment.   The case raised significant questions under the relevant EU consumer Directives and instruments (with Tom de la Mare QC).

Advised in relation to the legislative implications of the Technical Standards Directive in the domestic context (with David Pannick QC and Tom de la Mare).

Acted as Advocate to the Court at this hearing which considered the circumstances in which the court can refuse to accept undertakings which a defendant has agreed to provide to the court as part of accepting a Part 36 offer made by the claimant. The Court gave guidance which included that the court could decline to accept undertakings even if they formed part of a settlement agreement but in limited circumstances which did not arise in this case.

Acting for the claimants in a civil claim against a natural resources company, in respect of serious assaults allegedly perpetrated by security personnel (with Tim Otty KC).

Represented members of the Renault Group in a hybrid follow-on and stand-alone damages claim brought in the High Court against members of the DENSO Group following a European Commission Decision in respect of a thermal systems cartel.  Made the first application for early specific disclosure (before issue but before service of the claim) in this type of cartel damages claim.

Acted for the Maduro Board in this important judgment on head of state recognition and foreign act of state in the ongoing battle for control over Venezuelan gold reserves worth nearly $2 billion and held at the Bank of England (with Jeffrey Jowell QC and Nick Vineall QC).

Successfully represented the Kingdom of Spain in this appeal against the registration of a Spanish judgment, raising the issue of whether alleged breaches of ECHR or ICCPR rights can constitute a manifest breach of English public policy (with Timothy Young QC).  

Advised a multinational energy company in respect of various competition and insolvency issues, routes for exiting a gas or electricity supply licence and the Suppler of Last Resort process. 

Advised a multinational energy company in respect of various definitions in the Electricity Act 1989 and their application in the context of offshore and onshore transmission systems respectively.

Represented members of the Jaguar Land Rover Group in a follow-on damages claim brought in the High Court against various manufacturers of automotive bearings following a European Commission Decision about a bearings cartel.

Successfully acted for the Appellant in this appeal concerning the proper interpretation of an agreement for the exclusive supply of fuel and the application of the doctrine of waiver by election.  The judgment is of particular significance to the law on remedies for final orders for specific performance which are found on appeal to have been wrongly made.

Acted for the QFC in this first-of-its-kind application to enforce the financial penalty stipulated in one of its Decision Notices against the First Abu Dhabi Bank PJSC.  The application involved questions relating to service in the context of the diplomatic blockade of Qatar by the UAE and the test the Court should apply to deciding whether to permit enforcement of the QFC's Decision Notice (with Ben Jaffey QC).

Represented a bank in this discrimination claim brought by an individual relating to the cessation of banking services.

Successfully sued on USD50 million United States judgment for losses from terrorist destruction of aircraft in a claim raising issues of service absent diplomatic relations, state immunity, submission to the jurisdiction and frozen assets (with Tim Otty QC).

Successfully acted for the Respondent in this appeal against the decision of the Eastern Caribbean Court of Appeal (British Virgin Islands) that the Commissioner's seizure of Delta's fuel storage tank and its contents was unlawful, the fuel not having been liable to forfeiture under the Customs Management and Duties Act No 6 of 2010.

Advised a state corporation in relation to possible inter-state claims and claims under a Bilateral Investment Treaty relating to a failed joint venture with companies in another state (with Michael Beloff QC).

Acted for the Claimant in these claims by a hedge-fund billionaire against his former business partner (and estranged wife) concerning allegedly illegal surveillance commissioned by her, raising issues of privacy/Article 8 and privilege in relation to the products of the surveillance (with Michael Bloch QC).

Acted for a Defendant in this high value claim involving allegations of fraud, breach of fiduciary duty, knowing receipt and dishonest assistance (with Tom Weisselberg QC).

Assisted the Defendants in relation to Mr Ablyazov’s appeal against the debarral of his defence to civil proceedings following a failure to comply with a surrender order and disclosure order following his failure to attend Court following his committal for contempt and his breach of a freezing injunction respectively.

Acted in this claim for Norwich Pharmacal and related relief against a number of shell companies involved in an alleged international securities fraud perpetrated through or with the complicity of the Moldovan Courts and other justice institutions (with Tony Peto QC).

Successfully acted for Scottish and Southern Electricity, a proposed third party to a judicial review of a determination by GEMA relating to charges payable by customers for connections to electricity distributors under the Electricity Act 1989.

Representing six Afghans eligible for resettlement to the UK under the ‘ARAP’ scheme in urgent judicial review challenges to the UK Government’s policy of ceasing to use bridging hotels to accommodate such individuals on arrival in the UK, leading to thousands being stranded in third countries like Pakistan awaiting relocation, on expired Pakistani visas facing the threat of imminent deportation. The Government withdrew the challenged policy in October 2023 (with Tom Hickman KC).

Acting for the Independent Monitoring Authority intervening in this judicial review challenge to the Secretary of State’s delay in determining the claimant’s application for “settled status” under the EU Settlement Scheme and the related policy of pausing decision-making on certain such applications where there is a pending prosecution.

Represented the Secretary of State leading a team of three Counsel in this country guidance case considering risk on return to Sri Lanka arising from sur place activities.

Successfully represented the Claimant charity in its challenge to the lawfulness of Guidance by which the norm of oral appeal hearings was replaced with a default of paper determinations of statutory asylum and immigration appeals during the Covid-19 pandemic. The President has, in response to the judgment, withdrawn the unlawful guidance.  (With Charlotte Kilroy QC and Rachel Jones).

Representing the Claimant in this Article 4 ECHR claim for damages for breach of the protective obligation to protect against trafficking and forced labour by virtue of entry clearance procedures in place and properly operated. Successfully defended strike out application.

Successfully represented the Respondent in this second appeal against an entry clearance decision relating to a minor seeking to join his mother on the basis of an error concerning serious and compelling circumstances. 

Acted for the Claimant in this Article 4 ECHR claim for damages for breaches of the protective obligation to protect against trafficking and forced labour by virtue of operating the join ship visa scheme.

Acted for the Claimant company in this judicial review and related applications [2017] EWHC 255 (Admin) and [2017] EWHC 2482 (Admin) challenging various decisions of the SSHD and SSJ relating to a foreign criminal convicted of stealing their confidential investment strategies, including his proposed deportation to China where there was a real risk of his being reunited with the fruits of his crime.

Successfully represented the Claimant in this complex unlawful detention claim where, following 3 interlocutory hearings, the Claimant was released on bail pending the expedited hearing of his claim for judicial review.  

Successfully acted for the Appellant in this claim concerning the demands of procedural fairness in an interview with a victim of human trafficking.

Represented the Secretary of State in this unlawful detention claim where the Court accepted the submission that the Secretary of State was entitled to a period of time to consider a change of circumstances and decide whether to release.

Successfully acted for the successful Respondent in this case concerning whether the Secretary of State's use of a second deportation order to deport following a successful appeal against a first order constituted an abuse of process.

Successfully acted for the Respondent in this contested application for permission to appeal to the Court of Appeal raising issues as to the status of an undertaking given by a Home Office Presenting Officer to the Tribunal regarding route of return and whether a Tribunal is entitled to decide the question of Article 3 ECHR risk on return by reference to events eg. documentation of an individual which has not yet taken place.

Successfully acted for the Defendant in this judicial review of the refusal to treat further submissions as a fresh claim in the context of a Claimant who raised Article 3 and Article 8 ECHR issues arising from his claimed Christianity and his return to Afghanistan – where the Claimant had been returned and he sought to rely on evidence consequential upon his return.

Successfully acted for the Claimant in this judicial review of the unlawfulness of his detention given the improbability of obtaining an Emergency Travel Document within any reasonable period of time.

Acted for UNHCR in this case concerning the application of HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31 to cases concerning imputed political opinion, where individuals are politically apathetic but be persecuted for being perceived to be politically opposed to a particular regime (with Michael Fordham QC).

Successfully represented UNHCR in this landmark case on the rights of gay asylum seekers where the Supreme Court held that such individuals could not be expected to seek to protect themselves from persecution in their home country by concealing sexual identity (with Michael Fordham QC)

Advised the Immigration Law Practitioner’s Association on the legality of performance standards introduced by the Legal Services Commission for franchised immigration and asylum solicitors in the context of the Government’s detained fast-track scheme (with Michael Fordham QC).

Acting for the Claimant in this 6 day hearing of a claim for discrimination, harassment and constructive dismissal against her former employer.

Acted for an individual in this High Court speedy trial of a claim brought by his ex-employer alleging breaches of restrictive covenants and misuse of confidential information

Acting for the Respondent PLC in this claim regarding alleged post-termination of employment sexual harassment of an employee.

Acted for the Respondent department in this claim for age and disability discrimination raising issues regarding the alleged discriminatory impact of aspects of the civil service pension scheme.

Acted for the Bank in this whistle-blowing claim regarding alleged breaches of the FCA Handbook.  Settled.

Acted for the Claimant in this claim for unfair dismissal concerning when public reporting of a conviction brings an employer into disrepute.

Successfully acted for the Defendant in this challenge to a decision of the Service Complaints Panel to discharge an individual from service, permission being refused on the papers.

Acted for JUSTICE/Liberty in this appeal regarding the compatibility of the closed material in employment proceedings with Article 6 ECHR and EU law, brought on the context of a claim for racial and religious discrimination (with John Howell QC).

Successfully represented the Second Respondent at a three-day hearing of claims as to a failure to make reasonable adjustments in the arrangements for sitting the Legal Practice Course.

Represented the Secretary of State in relation to what became the first reported challenge to a designation under the Sanctions and Anti-Money Laundering Act 2018, here in relation to the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019.

Successfully sued on USD50 million United States judgment for losses from terrorist destruction of aircraft in a claim raising issues of service absent diplomatic relations, state immunity, submission to the jurisdiction and frozen assets (with Tim Otty QC).

Acted for Allam Marine in this challenge to the decision to refuse an export licence for the export of industrial generators to the UAE.

Acting pro bono on behalf of Ukraine in the inter-state case Ukraine v Russia (Application 11055/22) concerning the Ukrainian Government’s allegations of “human rights violations committed by the Russian Federation in its military operations on the territory of Ukraine since 24 February 2022” (with Tim Otty QC). 

Acted for the Maduro Board in this important judgment on head of state recognition and foreign act of state in the ongoing battle for control over Venezuelan gold reserves worth nearly $2 billion and held at the Bank of England (with Jeffrey Jowell QC and Nick Vineall QC).

Advised a government in relation to a WTO-related dispute raising complex issues concerning the interplay between domestic and international law in the context of international trade.

Advised the Government of the Cayman Islands on the lawfulness of the Order in Council proposed under the Sanctions and Anti-Money Laundering Act 2018 to introduce public registers of beneficial interests in the jurisdiction (with Lord Pannick QC and Sir Jeffrey Jowell QC).

Advising OSF on available models of sustainable and scalable basic legal service provision for the developing world, giving particular thought to cost, financing options and political economy considerations.

Advised a state corporation in relation to possible inter-state claims and claims under a Bilateral Investment Treaty relating to a failed joint venture with companies in another state (with Michael Beloff QC).

Advised OSF on approaches to measuring access to justice and taxation employed in the UK for guidance on approaches to measuring progress against the new Global Goals.

Advised DFID on the design of its new programme designed to harness the provision of pro bono legal and judicial expertise to assist with rule of law assistance in development programming around the world.

Provided support to the Myanmar national consultation process on the Constitution of the Republic of the Union of Myanmar 2008 through a Constitutional Bus Tour that travelled the country raising awareness of the current Constitution and assisting individuals who wished to submit recommendations to the Joint Committee for Reviewing the Constitution.  Also provided technical assistance to Parliamentarians as they considered and debated amendments (with Professor Sir Jeffrey Jowell QC).

Advised the EBRD on legal barriers to women’s access to credit in both Morocco and the Kyrgyz Republic.

Advised DFID on a new rule of law policy and programming options in light of the Prime Minister’s “golden thread” agenda.

Advised the Libyan Progress Initiative on constitutional options for the new Libya (with Professor Sir Jeffrey Jowell QC).

Spent a sabbatical year leading justice sector reform in Helmand province, including conducting trial observations, mentoring prosecutors and civil mediators and capacity-building local NGOs.

Acted for various government departments in this challenge to the use of UK aid to fund assistance to a certain country in circumstances in which it was alleged the government known or should have known that such assistance would be used to commit or contribute to serious violations of human rights.

Advised several government departments in relation to a high profile threatened challenge concerning one of their responses to the migration crisis.

Successfully represented the FCO in this appeal against the ICO's determination of a FOIA appeal concerning documentation relating to an attempted aircraft bombing in 1986. 

Successfully acted for the Defendant in this challenge to a decision of the Service Complaints Panel to discharge an individual from service, permission being refused on the papers.

Acted for the Metropolitan Police at a number of preliminary hearings leading up to the fact finding hearing in these care order proceedings concerning a child allegedly poisoned and/or infection and at risk of being taken to Syria.

Acted for the Department in this challenge to its process of assessing the Government of Ethiopia’s compliance with its Partnership Principles (in particular its commitment to respecting human rights and other international obligations) for the purposes of making continued aid disbursements to the country (with James Eadie QC).

Acted for JUSTICE/Liberty intervening in this appeal from [2010] EWCA Civ 482 and [2009] EWHC 2959 on the question of whether the Government may withhold sensitive evidence from several former victims of extraordinary rendition and torture in civil claims for damages but rely on that evidence in closed proceedings (with John Howell QC).  Acted for individual claimants below (with Michael Fordham QC).

Successfully acted for the Thames Valley Police in this challenge to the amendments to Code A of the PACE Code of Practice removing the requirement to monitor the ethnicity of a person subject to stop and search powers, successfully resisting the grant of permission.

Acted for the QFCA in this appeal against Decision Notices which alleged contraventions by individuals employed by a QFC registered company which raised questions concerning the proper notification of decisions by the QFCA to individuals and the power of the Regulatory Tribunal to extend the time limit for an appeal.

Successfully acted for the Appellant in this appeal concerning the proper interpretation of an agreement for the exclusive supply of fuel and the application of the doctrine of waiver by election.  The judgment is of particular significance to the law on remedies for final orders for specific performance which are found on appeal to have been wrongly made.

Advised the Government of the Cayman Islands on the lawfulness of the Order in Council proposed under the Sanctions and Anti-Money Laundering Act 2018 to introduce public registers of beneficial interests in the jurisdiction (with Lord Pannick QC and Sir Jeffrey Jowell QC).

Successfully acted for the Respondent in this appeal against the decision of the Eastern Caribbean Court of Appeal (British Virgin Islands) that the Commissioner's seizure of Delta's fuel storage tank and its contents was unlawful, the fuel not having been liable to forfeiture under the Customs Management and Duties Act No 6 of 2010.

Successfully acted for the Governor of the Cayman Islands in this challenge to the constitutionality of various provisions of the Cayman Islands Constitution Order 2009 relating to judicial independence pursuant to section 4 of the Judicial Committee Act 1833 (with Lord Pannick QC and Professor Sir Jeffrey Jowell QC).

Acted for the Claimant in this vires and fairness challenge to the conduct of the Commission of Inquiry into corruption in the government and legislature of the Islands (with Lord Pannick QC and Javan Herberg QC).

Acting for the claimants in a civil claim against a natural resources company, in respect of serious assaults allegedly perpetrated by security personnel (with Tim Otty KC).

Acted on behalf of 71 claimants who allege that they suffered serious human rights abuses at the Williamson Diamond Mine in Tanzania.  Settlement followed the issue of claims in the High Court in London against Petra Diamonds Ltd and its majority-owned Tanzanian subsidiary, Williamson Diamonds Ltd (with Tim Otty QC).

Represented the claimants at an early stage in this challenge to the SSHD's failure to consider their eligibility for DLR as a victim of modern slavery before considering their protection claims and her policies on victims on modern slavery as failing to reflect the obligations imposed by the Anti-Trafficking Convention.

Naina has advised a major corporate group as to its obligations under the Modern Slavery Act 2015, in particular in relation to a section 54 statement.

Representing the Claimant in this Article 4 ECHR claim for damages for breach of the protective obligation to protect against trafficking and forced labour by virtue of entry clearance procedures in place and properly operated. Successfully defended strike out application.

Acted for the Claimant in this Article 4 ECHR claim for damages for breaches of the protective obligation to protect against trafficking and forced labour by virtue of operating the join ship visa scheme.

Acted for the Secretary of State in this challenge to the criminal records disclosure scheme on the grounds its alleged absence of procedural safeguards infringed Article 8 ECHR (with Kate Gallafent QC).

Acted for the Metropolitan Police, an interested party in this challenge to the decision to seize and cancel passports using powers under the Counter-Terrorism and Security Act 2015 and the royal prerogative.

Acted for the Metropolitan Police at a number of preliminary hearings leading up to the fact finding hearing in these care order proceedings concerning a child allegedly poisoned and/or infection and at risk of being taken to Syria.

Acting for the Claimant in this 6 day hearing of a claim for discrimination, harassment and constructive dismissal against her former employer.

Represented a bank in this discrimination claim brought by an individual relating to the cessation of banking services.

Successfully acted for PLP in this successful challenge to the proposed residence test for civil legal aid, set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2014.  The Supreme Court found that the test was ultra vires its authorising statute (with Michael Fordham QC and Ben Jaffey).

Successfully represented the Defendant in this challenge to a new policy on temporary release for prisoners with an abscond history on grounds which included alleged indirect discrimination for prisoners suffering from certain disabilities.

Successfully represented the Claimants in this in this leapfrog appeal from [2012] EWHC 3635 Admin, a challenge to the decision of the Registrar-General for Births, Deaths and Marriages not to register the London Scientology Chapel as a place of meeting for religious worship on grounds of unlawfulness and religious discrimination (with Lord Lester QC).

Acted for the Society in this challenge to its decision to cancel a room booking for an event on gay marriage on grounds it amounted to religious discrimination.  Settled.

Acted for JUSTICE/Liberty in this appeal regarding the compatibility of the closed material in employment proceedings with Article 6 ECHR and EU law, brought on the context of a claim for racial and religious discrimination (with John Howell QC).