- Called to Bar:
- 2001; NY Bar, 2002
- Practice areas:
- LLB (Hons) (Glasgow) Joint First Class , BCL (Oxon), LLM (Harvard - Kennedy Scholar and Gammon Fellow), Arden, Bedingfield and Karmel Scholarships (Gray's Inn)
Shaheed Fatima is recognised by both of the leading independent legal directories:
Chambers UK 2013
- Administrative and Public Law – “she is considered to be at the vanguard of public law juniors ... ‘fearsomely clever’ ... ‘an excellent, practical lawyer with a very fine legal mind’.”
- Civil Liberties & Human Rights – “highly regarded ... she has a tremendous reputation for human rights work at the intersection of international and domestic law.”
- Commercial Litigation – “an up-and-comer with an increasing profile in the commercial sphere.”
- Public International Law – “Shaheed Fatima is rapidly gaining prominence in the market for her PIL expertise, and is particularly highlighted by commentators as a ‘specialist in human rights’ ... ’extremely conscientious, thorough and bright - one of the best juniors at the Bar’."
Legal 500 2012
- Administrative and Public Law - recommended
- Human Rights and Civil Liberties – recommended
- Public International Law – “first-class” … “rising star” … “one of the leading juniors in public international law”
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. In October 2009, Legal Week included Shaheed in their “Top 10 Stars of the Commercial/Chancery Bar” saying “clients refer to her as ‘like having another silk on the case’.”
In 2009, Shaheed taught “The War on Terror and Human Rights in the UK” at Harvard Law School. She was a Global Professor of Law at NYU School of Law in autumn 2012 where she taught “Post 9/11 National Security Law” and European Human Rights Law. Shaheed was shortlisted for the Chambers Bar Awards 2011 as Junior of the Year in Human Rights & Public Law. Shaheed is working on the second edition of her book, International Law and Foreign Affairs in Domestic Courts (first ed: 2005) (Hart Publishing).
- Junior Counsel to the Crown ('A' Panel) 2011 -
- Junior Counsel to the Crown (‘B’ Panel) 2009 - 2011
Membership of Professional Bodies:
Shaheed is a Council member of Liberty and a Committee member of the International Law Association.
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).
Current and recent work
- 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  EWHC 3102 (Comm) and Rubin v Eurofinance SA  3 WLR 1019 (in which the Trustee intervened before the Supreme Court).
- Dane Associates Ltd v Government of the Republic Rwanda (pending before the ICC)
Acting for the Government of the Republic of Rwanda defending and counterclaiming in relation to a gas and electricity supply concession.
- Apex Global Management Ltd v Fi Call Ltd  EWHC 587 (Ch) (pending before the Court of Appeal)
Acting for the Petitioner in applications brought by two Saudi Princes claiming immunity under the State Immunity Act 1978.
- Brook Street (UK) Ltd v National Exhibition Centre (pending before the Commercial Court)
Defending and counterclaiming in a claim for over £1 million arising out of an Olympic Games service contract.
- Desarrollo Inmobiliario v Kader Holdings Company Limited (pending before the QBD)
Acting for the defendant regarding the recognition and enforcement of a Judgment of the Superior Court of Arizona.
- Global Torch Ltd v Apex Global Management Ltd  EWHC 223 (Ch)
Acting for the respondent in relation to applications seeking to have interlocutory applications heard in private.
- Zeid v Credit Suisse (UK) Limited  EWCA Civ 14
Acted for Egyptian shipping magnate’s family in mis-selling claim of around $70 million regarding highly leveraged structured products.
- HSBC Trustee (CI) Ltd v Public Joint Stock-Company Commercial Bank Nadra
Acted 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.
- FHR European Ventures LLP v Cedar Capital Partners LLC  EWHC 2308 (Ch) Acted for defendants in €10 million breach of fiduciary duty claim.
- C v D (2008) 1 Lloyd’s Rep 239
- Cambridge Gas Transport Corp v Navigator Holdings plc  1 AC 508
- Rusal Litigation (2005-2008)
- Travelers Casualty and Surety Company of Canada v Sun Life Assurance Company of Canada (UK) Limited  Lloyd’s Rep IR 619
- Ansol Ltd v Tajik Aluminium Plant and others  EWHC 2374 (Comm)
- Ashton Investments Ltd v OJSC Russian Aluminium and others  EWHC 2545 (Comm)
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
- 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) Grand Chamber Judgment dated 19 December 2012
Acted 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
Acted 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  EWCA Civ 668
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  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  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  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  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  2 AC 534
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)  1 FLR 1355
Acted as advocate to the court in relation to human rights’ issues in the context of family law proceedings.
- A v H (Registrar General for England and Wales and Secretary of State for Justice intervening)  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)  2 AC 269
Acted for the intervener in claims regarding non-derogating control orders.
- R (Al-Sweady) v SSD  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 (People and Planet) v HM Treasury  EWHC 3020 (Admin)
- R (Corner House Research) v Director of the Serious Fraud Office (JUSTICE intervening)  1 AC 756 (House of Lords)
- Al-Saadoon and Mufdhi v United Kingdom (EHRC intervening) App. No. 61498/09:
- R (Brown) v (1) SSWP (2) SSBERR  EWHC 3158 (Admin)
- R v Asfaw (UNHCR intervening)  1 AC 1061
- Entico Corporation v UNESCO (Secretary of State for Foreign and Commonwealth intervening) (2008) 1 Lloyd’s Rep 673
- Animal Defenders International v Secretary of State for Culture, Media and Sport  1 AC 1312 (House of Lords) (pending before the Grand Chamber of the European Court of Human Rights)
- R (European Roma Rights Centre) v Immigration Officer at Prague Airport  2 AC 1
- Xenides-Arestis v Turkey 6.4.05 (European Court of Human Rights)
- Bishop of Roman Catholic Diocese of Port Louis v Tengur  UKPC 9
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.
Current and recent work
- Dane Associates Ltd v Government of the Republic Rwanda (pending before the ICC): see above.
The claim alleges indirect expropriation and raises issues regarding the relationship between Rwandan law, customary international law and international treaties.
- Apex Global Management Ltd v Fi Call Ltd: see above.
- 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.
- 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.
- Al-Saadoon and Mufdhi v United Kingdom (EHRC intervening)
- R (Corner House Research) v Director of the Serious Fraud Office (JUSTICE intervening)
- R v Asfaw (UNHCR intervening)
- Entico Corporation v UNESCO (Secretary of State for Foreign and Commonwealth intervening)
- Xenides-Arestis v Turkey
- Mariam Aziz v Aziz and HM the Sultan of Brunei (Intervener)  2 All ER 571
Media and Entertainment
Shaheed is regularly instructed in media and entertainment cases involving both general contractual issues and intellectual property (especially copyright) issues.
Current and recent work
- 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  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  EMLR 21 (Court of Appeal)
Other relevant experience
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 2013.
VAT registration number: 798430386