Shaheed Fatima

Shaheed has a wide-ranging general commercial law practice. She has particular expertise in cases involving private international law/conflicts of law, in both jurisdictional and choice of law issues (reflecting her academic interest and background in this area: she was a research assistant for North and Fawcett, Cheshire and North’s Private International Law (1999) and for Crawford, Private International Law in Scotland (1998)). She also has specialist expertise in commercial cases with a foreign dimension (involving, for example, act of state or non-justiciability issues) and commercial cases with a public international law dimension (involving, for example, privileges and immunities in international law). Shaheed was a Retained Lecturer in Contract Law at Pembroke College, Oxford from 2003-2005 and contributed to Goode, Commercial Law (2005) (chapters 37 Conflict of Laws and 38 Commercial Litigation).

• Madoff Litigation: multiple, cross-jurisdictional, ongoing claims - acting, with English and New York lawyers for the Trustee in Bankruptcy of Bernard Madoff, in a number of actions in different jurisdictions seeking to recover part of the US$50 billion which was lost under the Madoff Ponzi Scheme. See, for example, Madoff Securities International Limited and Irving H Picard v Raven and others [2011] EWHC 3102 (Comm). 
• HSBC Trustee (CI) Ltd v Public Joint Stock-Company Commercial Bank Nadra (pending before the Commercial Court): acting for the Claimant in a $60 million claim under a Guarantee which raises questions of choice of law and the proper interpretation and application of Ukrainian regulatory and banking law.
• Mayfair First Equity Limited v Cable 1 Europe AB and others (pending before the QBD): acting for the Defendants in a jurisdiction challenge under Article 28 of the Brussels Regulation.
• Zeid v Credit Suisse (UK) Limited [2011] EWHC 2422 (Comm): acting for Egyptian shipping magnate’s family in mis-selling claim of around $70 million regarding highly leveraged structured products.
• Rosen v AIG (pending before the Commercial Court): acting for former directors and employees of AIG in a claim for unpaid bonuses.
• Standard Bank plc v Sheikh Al Jaber (pending before the Commercial Court): acting for claimant seeking payment pursuant to various guarantees.
• FHR European Ventures LLP v Cedar Capital Partners LLC [2011] EWHC 2308 (Ch): acted for defendants in €10 million breach of fiduciary duty claim.
• C v D (2008) 1 Lloyd’s Rep 239 (Court of Appeal): acted for insurance company in anti-suit action arising out of $100 million insurance arbitration claim based on a Bermuda Form policy.
• Cambridge Gas Transport Corp v Navigator Holdings plc [2007] 1 AC 508 (Privy Council): acted for appellants in $300 million dispute concerning the international enforcement of US court orders.
• Rusal Litigation (2005-2008): acted for Rusal Aluminium and related defendants, in various matters in the Commercial Court in London, and in an arbitration, relating to the Tajik Aluminium plant. See, e.g., Ansol Ltd v Tajik Aluminium Plant and others [2006] EWHC 2374 (Comm) and Ashton Investments Ltd v OJSC Russian Aluminium and others [2006] EWHC 2545 (Comm).
• Travelers Casualty and Surety Company of Canada v Sun Life Assurance Company of Canada (UK) Limited [2007] Lloyd’s Rep IR 619: acted for insurers in opposition to a $56 million claim under global errors and omissions policy.

Shaheed is regularly instructed in media and entertainment cases involving both general contractual issues and intellectual property (especially copyright) issues.

• Advising an author on contractual issues arising out of a publishing agreement.
• Advising a music publishing company on contractual issues arising out of a royalty agreement.
• Advising a music publishing company on reversionary rights.
• Pink Floyd v EMI Records Ltd [2011] 1 WLR 770 (Court of Appeal): acted for claimants in dispute regarding online exploitation of digital recording.
• Novello and Co. Ltd v Keith Prowse Music Publishing Company Limited [2005] EMLR 21 (Court of Appeal): acted for defendant in claim regarding reversionary copyright and the scope of the section 5(2) proviso in the Copyright Act 1911.

Shaheed advises and acts for governments, NGOs and individuals regarding constitutional and human rights issues, often in a judicial review context involving international law.

• Shaheed is instructed, on behalf of the UK, in a range of cases pending before the European Court of Human Rights.
• Kott and others (Case C-364/11): pending before ECJ: acting for UK in preliminary ruling case regarding Article 12 of Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection.
• Alarape and Tijani (Case C-529/11): pending before ECJ: acting for UK in preliminary ruling case regarding Article 12 of Regulation of 1612/68/EEC on freedom of movement for workers.
• R (M) v Secretary of State for the Home Department [2010] EWHC 3541 (Admin) (pending before the Court of Appeal): acted for SSHD in Article 3 (investigative duty) claim in the context of a protest in an immigration removal centre.
• Al-Skeini v UK (2011) 53 EHRR 18 (Grand Chamber, European Court of Human Rights’ judgment) and [2008] 1 AC 153 (House of Lords): acted for claimants in landmark case concerning the scope and application of jurisdiction under Article 1, ECHR.
• Al-Jedda v UK July 2011 (Grand Chamber, European Court of Human Rights’ judgment) and [2008] 1 AC 332 (House of Lords): acted for the intervener (in the domestic proceedings) and for the claimant (before the ECtHR) in landmark Article 5 claim which raised issues regarding the role and effect of UN Security Council Resolutions on ECHR obligations.
• R (Hassan) v Secretary of State for Justice [2011] EWHC 1359 (Admin): acted for SSJ in claim regarding Articles 3 and 8 in the context of detention in a prison segregation unit.
• Roose v (1) Parole Board (2) Secretary of State for Justice [2010] EWHC 1780 (Admin): acted for SSJ in claim regarding Article 5(4).
• R (Bary) v (1) Governor of HMP Long Lartin (2) Secretary of State for Justice (2010) ACD 59: acted for defendants in claims regarding Articles 3 and 8 in the context of detention in a self-contained prison unit.
• Ahmed and others v HM Treasury [2010] 2 AC 534 (Supreme Court): acted for intervener in a claim regarding the vires of the Terrorism (United Nations Measures) Order 2006 and the Al-Qaida and Taliban (United Nations Measures) Order 2006.
• Re M (Children) [2010] 1 FLR 1355: acted as advocate to the court in relation to human rights’ issues in the context of family law proceedings.
• R (People and Planet) v HM Treasury [2009] EWHC 3020 (Admin): acted for HMT in a claim arising out of HMT’s investment in the Royal Bank of Scotland.
• Al-Saadoon and Mufdhi v United Kingdom (EHRC intervening) App. No. 61498/09: acted for intervener in a claim arising out of the transfer of prisoners from British to Iraqi custody following the expiry of the UN mandate in Iraq.
• A v H (Registrar General for England and Wales and Secretary of State for Justice intervening) [2010] 1 FLR 1: acted for the SSJ (an interested party) in a child abduction case. 
• Secretary of State for the Home Department v AF and others (JUSTICE intervening) [2010] 2 AC 269 (House of Lords): acted for the intervener in claims regarding non-derogating control orders.
• R (Al-Sweady) v SSD [2009] EWHC 1687 (Admin) and (2010) HRLR 2: acted for the claimants in claims regarding Articles 2 and 3 and concerning the actions of British troops in Iraq.
• R (Brown) v (1) SSWP (2) SSBERR [2008] EWHC 3158 (Admin): acted for the interested parties (Royal Mail Group Ltd and Post Office Ltd) in claims relating to the government’s post office closures programme.
• R (Corner House Research) v Director of the Serious Fraud Office (JUSTICE intervening) [2009] 1 AC 756 (House of Lords): acted for the intervener in claim alleging that the Director of the SFO had acted unlawfully in halting a criminal investigation into allegations of bribery against a defence contractor.
• R v Asfaw (UNHCR intervening) [2008] 1 AC 1061 (House of Lords): acted for the intervener in a case regarding forged travel documents and the interpretation of the Immigration and Asylum Act 1999, s.31, in the light of the UK’s international law obligations.
• Entico Corporation v UNESCO (Secretary of State for Foreign and Commonwealth intervening) (2008) 1 Lloyd’s Rep 673: acted for claimant in a contract claim which concerned Article 6 and UNESCO’s immunity against suit.
• Animal Defenders International v Secretary of State for Culture, Media and Sport [2008] 1 AC 1312 (House of Lords) (pending before the Grand Chamber of the European Court of Human Rights): acting for the claimant regarding the prohibition of political advertising on TV.
• R (European Roma Rights Centre) v Immigration Officer at Prague Airport [2005] 2 AC 1 (House of Lords): acted for claimants regarding claim that the entry clearance system operated by British immigration officers at Prague airport was racially discriminatory.
• Xenides-Arestis v Turkey 6.4.05 (European Court of Human Rights): acted for the Republic of Cyprus in a claim brought by a Greek-Cypriot applicant regarding property in the “Turkish Republic of Northern Cyprus”.
• Bishop of Roman Catholic Diocese of Port Louis v Tengur [2004] UKPC 9 (Privy Council): acted in a claim that the system for allocating places in Roman Catholic secondary schools in Mauritius was discriminatory.

Shaheed advises and acts for governments and individuals in public international law matters concerning, for example, treaty rights and obligations, human rights (including, in particular remedies arising from the deprivation of property e.g. expropriation) and international law immunities and privileges. Many of the cases she is instructed in before both the English courts and the European Court of Human Rights involve significant issues of public international law.

• Al-Skeini v UK: see above.
• Al-Jedda v UK: see above. 
• Accordance with International Law of the Unilateral Declaration of Independence by the Provisional Institutions of Self-Government of Kosovo (Request for Advisory Opinion) (ICJ). 
• Ahmed and others v HM Treasury: see above.
• Al-Saadoon and Mufdhi v United Kingdom (EHRC intervening) see above.
• Trustee in Bankruptcy of Janan Harb v Prince Abdul Aziz (pending before the Chancery Division): acting for the defendant in a claim raising issues of sovereign immunity. 
• A v H (Registrar General for England and Wales and Secretary of State for Justice intervening): see above.
• R (Corner House Research) v Director of the Serious Fraud Office (JUSTICE intervening): see above.
• R v Asfaw (UNHCR intervening): see above.
• Entico Corporation v UNESCO (Secretary of State for Foreign and Commonwealth intervening) see above.
• Xenides-Arestis v Turkey: see above.
• Mariam Aziz v Aziz and HM the Sultan of Brunei (Intervener) [2008] 2 All ER 571: acted for HM the Sultan of Brunei in the High Court proceedings in a claim which raised issues of sovereign immunity.

Publications

Using International Law in Domestic Courts (Hart Publishing) - published in October 2005 with a Foreword by Lord Bingham and reviewed in the Cambridge Law Journal; Judicial Review; European Human Rights Law Review, New Law Journal and King’s College Law Journal. Shaheed speaks regularly at conferences on the use of international law in domestic courts.  A second edition of her book is due to be published in 2012.

Other Information

VAT registration number:  798430386