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) and Rubin v Eurofinance SA [2012] 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 [2013] 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 [2013] 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 [2013] 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 [2011] 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 [2007] 1 AC 508
• Rusal Litigation (2005-2008)
• Travelers Casualty and Surety Company of Canada v Sun Life Assurance Company of Canada (UK) Limited [2007] Lloyd’s Rep IR 619
• 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)

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) 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 [2012] 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 [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
  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.
• 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
  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 (People and Planet) v HM Treasury [2009] EWHC 3020 (Admin)
• R (Corner House Research) v Director of the Serious Fraud Office (JUSTICE intervening) [2009] 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 [2008] EWHC 3158 (Admin)
• R v Asfaw (UNHCR intervening) [2008] 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 [2008] 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 [2005] 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 [2004] 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.

• 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) [2008] 2 All ER 571

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)

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 2013.

Other Information

VAT registration number:  798430386