Shaheed Fatima
- Called to Bar:
- 2001; NY Bar, 2002
- Practice areas:
- Degrees:
- LLB (Hons) (Glasgow) Joint First Class , BCL (Oxon), LLM (Harvard - Kennedy Scholar and Gammon Fellow), Holder of Arden, Bedingfield and Karmel Scholarships (Gray's Inn)
Shaheed is featured in Chambers UK 2008 as a leading junior in three sections: (1) Civil liberties: “Shaheed Fatima is universally acclaimed as an advocate of “immense promise.” “Hardworking and possessing a comprehensive grasp of the issues,” market authorities confidently predict that she will “rise to the very, very top.”” (2) Administrative and public law: ““diligent, personable and clear,” according to peers, who add, “she’s moving fast.” Her reputation in the public law and international law fields continues to grow, following appearances in both Al-Skeini and Al-Jedda.” (3) Public international law: “described by market commentators as a “rising star.”” Shaheed is also listed in the Public international law section of Chambers Global 2008.
In the Legal 500 2008 Shaheed is featured as a leading junior in four sections: (1) Human rights and civil liberties: "shows 'outstanding promise'" ; (2) Administrative and public law: "an intellectual heavyweight - a steely advocate, incisive, thorough and very capable"; (3) Public international law: "one to watch" and (4) Commercial litigation: "super-bright and friendly".
In an article in The Lawyer (18.4.05) on six star lawyers under the age of thirty, Shaheed was featured as the “human rights champion”. She was “Lawyer of the Week” in The Times (26.6.07) and was featured as one of ten “Future Stars of the Bar” in Times Online (1.10.07). In November 2007 she was awarded the “Professions Woman of the Future” Award at the second “Women of the Future Awards” and in December 2007 she was awarded the Liberty/JUSTICE “Human Rights Lawyer of the Year” Award for “her remarkable work, often on a pro bono basis. For her brilliant analysis, consistent arguments and commitment in debating human rights cases before both the British and the European Courts.” In July 2008 she was featured by Management Today in their "35 Women under 35" list.
Since starting practice in 2002, Shaheed has written a book ("Using International Law in Domestic Courts") and, since 2004, has been instructed in six House of Lords cases. In 2008 she was appointed a Lecturer at Harvard Law School ("The War on Terror and Human Rights Law in the UK").
Professional Experience
Publications:
Using International Law in Domestic Courts (Hart Publishing) - published in October 2005 with a Foreword by Lord Bingham. Shaheed speaks regularly at conferences on this topic. The book has been reviewed in the Cambridge Law Journal; Judicial Review; European Human Rights Law Review, New Law Journal and King’s College Law Journal. See also (on the same topic) articles in the journal Judicial Review: [2003] JR 81, [2003] JR 138; [2003] JR 235.
Other:
Shaheed is a Council member of Liberty, a Trustee of the Runnymede Trust, a Committee member of the Human Rights Lawyers Association and a Committee member of the International Law Association.
Membership of Professional Bodies:
COMBAR
HRLA
ILA
New York State Bar Association
Public Law and Human Rights
Shaheed advises and acts for governments, NGOs and individuals regarding constitutional and human rights issues, often in a judicial review context involving international law.
Current and recent work
R (Corner House Research) v Director of the Serious Fraud Office (JUSTICE intervening) [2008] UKHL 60 (House of Lords)
Secretary of State for the Home Department v AF and others (JUSTICE intervening) (pending before the Court of Appeal)
A Joint Opinion with David Pannick QC for Liberty on the Government's proposals to extend pre-charge detention to 42 days
R v Asfaw (UNHCR intervening) [2008] UKHL 31 (House of Lords)
Entico Corporation v UNESCO (Secretary of State for Foreign and Commonwealth intervening) [2008] EWHC 531 (Comm)
Animal Defenders International v Secretary of State for Culture, Media and Sport [2008] UKHL 15 (House of Lords) (pending before the European Court of Human Rights)
R(Al-Jedda) v Secretary of State for Defence [2007] UKHL 58 (House of Lords)
R(Al-Skeini) v Secretary of State for Defence [2007] 3 WLR 33 (House of Lords) (pending before the European Court of Human Rights)
R (European Roma Rights Centre) v Immigration Officer at Prague Airport [2005] 2 WLR 1 (House of Lords)
Xenides-Arestis v Turkey 6.4.05 (European Court of Human Rights)
Bishop of Roman Catholic Diocese of Port Louis v Tengur [2004] UKPC 9 (Privy Council)
Commercial
Shaheed has a wide-ranging general commercial law practice (including international arbitration) with a special emphasis on cases involving private international law/conflicts of law or public international law. She has particular expertise on state/sovereign immunity, non-justiciability/ act of state, and the rights and obligations of international organisations.
Current and recent work
C v D [2007] EWCA Civ 1282
Cambridge Gas Transport Corp v Navigator Holdings plc [2006] 3 WLR 689 (Privy Council)
Ansol Ltd v Tajik Aluminium Plant and others [2006] EWHC 2374 (Comm)
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 [2006] EWHC 2716 (Comm)
Mariam Aziz v Aziz and HM the Sultan of Brunei (Intervener) [2007] EWCA Civ 712 (Shaheed was junior counsel for HM the Sultan of Brunei in the High Court)
Other relevant experience
Shaheed contributed to Goode, Commercial Law (2005) (chapters 37 Conflict of Laws and 38 Commercial Litigation), 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). From 2003-2005 Shaheed was a Retained Lecturer in Contract Law at Pembroke College, Oxford.
Public International
Shaheed has advised and acted for various foreign 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. Much of her work in English courts has involved elements or questions of public international law.
Current and recent work
R (Corner House Research) v Director of the Serious Fraud Office (JUSTICE intervening) [2008] UKHL 60 (House of Lords)
R v Asfaw (UNHCR intervening) [2008] UKHL 31 (House of Lords)
Entico Corporation v UNESCO (Secretary of State for Foreign and Commonwealth intervening) [2008] EWHC 531 (Comm)
R(Al-Jedda) v Secretary of State for Defence (JUSTICE intervening) [2007] UKHL 58 (House of Lords)
Xenides-Arestis v Turkey 6.4.05 (European Court of Human Rights)
Mariam Aziz v Aziz and HM the Sultan of Brunei (Intervener) [2007] EWCA Civ 712 (Shaheed was junior counsel for HM the Sultan of Brunei in the High Court)
Media and Entertainment
Shaheed regularly advises on contractual and IP issues in the media and entertainment sector. Her recent cases relate to the construction of music management agreements, transfer of copyright, legal implications of territorially limited exclusive licences and assignments of copyright, payment of royalties to collecting societies and on the interpretation of patent licences.
She acted for the Defendant (with Ian Mill QC) in Novello and Co. Ltd v Keith Prowse Music Publishing Company Limited [2005] EMLR 21 (Court of Appeal) – addressing the long-standing issue about the scope of the s. 5(2) proviso in the Copyright Act 1911 and the inter vivos transmission of reversionary rights under the Copyright Act 1956.
Employment
Shaheed’s employment law practice focuses on discrimination cases.
Current and recent work
Chief Constable of Avon and Somerset v Dolan (Bristol ET and EAT; EAT Judgment dated 22.4.08; disability discrimination)
House v Chief Constable of Avon and Somerset (Bristol ET; pending before the EAT; sex discrimination)
Nethercott v South Western Ambulance Services NHS Trust (pending before the Exeter ET; disability and age discrimination)
