Naina is a highly rated junior barrister whose practice encompasses expertise in a broad range of fields, including public & regulatory, commercial, EU & competition, public international law, employment, civil liberties and the rule of law.  Naina acts for both Claimants and Defendants and has extensive advocacy experience, whether trial, appellate or interlocutory, at all levels, from a range of tribunals up to the Privy Council.

Naina is ranked in both of the independent legal directories in a total of 5 practice areas: Administrative and Public Law, Civil Liberties and Human Rights, Immigration, Professional Discipline and Public International Law.  Recent comments include: "On the path to stardom" (Chambers 2017); "A star in the making:" (Legal 500 2016); "She has a fantastic reputation" (Chambers 2016); "A powerful advocate" (Legal 500 2015); "very skilled...pleasant to work with, but...a steely determination" (Chambers 2015); "very clever, calm and a good tactician" (Legal 500 2014); "a delight to work with and will go the extra mile" (Chambers 2014); and"a real rising star" (Chambers 2013).

Naina was profiled as the Times’ “Lawyer of the Week”  in December 2011 and won the Sydney Elland Goldsmith Bar Pro Bono Award in 2008.

Naina is a member of the Attorney-General’s Civil 'B' Panel of Counsel, an expert member of HMG’s Civilian Stabilisation Group, providing justice and security advice to the Ministry of Defence, Foreign and Commonwealth Office and Department for International Development and a Rule of Law Fellow at the Bingham Centre for the Rule of Law.

Naina has also held a number of significant posts in public office.  These include a Director-level post at the Bingham Centre for the Rule of Law (September 2012-March 2015), Rule of Law Advisor to DFID (January 2013-April 2013) and Senior Justice Advisor to the Helmand Provincial Reconstruction Team (June 2010-July 2011).  She has accommodated these around her legal practice.


Experience

Shortlist

Civil Liberties & Human Rights

Naina’s practice encompasses all areas of civil liberties and human rights law, including immigration and asylum.  She has particular experience in claims for judicial review involving constitutional law, discrimination, foreign and defence policy, the Human Rights Act 1998, immigration and asylum, prison law and public international law.

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Commercial

Naina has broad experience of commercial litigation in areas including consumer credit, aviation, civil fraud, directors’ duties, shareholder rights and the supply of goods and services as well as claims involving private international law and state immunity issues. She has represented both claimants and defendants in interlocutory work, including ex parte applications for injunctions, and at trial.  

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Immigration

Naina appears at all levels of Courts and tribunals on behalf of both Claimants and Defendants in immigration and asylum matters. She has, for example, appeared for both individuals and the Government in the First-Tier Tribunal up to the Court of Appeal and for the United Nations High Commissioner for Refugees on several occasions in the Supreme Court. She has particular expertise in immigration and asylum matters involving international law.

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Public & Regulatory

Naina’s practice encompasses all areas of public and regulatory law.  She has particular experience in claims for judicial review involving constitutional law, discrimination, education law, financial services, immigration and asylum, prison law and professional discipline.  She acts for both Claimants and Defendants and has worked with a variety of regulators, including the GMC, GTC, FCA, Ofgem, the OFT and the SRA. 

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Public International Law

Naina has a growing practice in public international law.  She acts regularly in claims for judicial review involving public international law.  She has also advised in relation to international agreements and the compatibility of domestic legislation with international legal obligations.

Naina also advises domestic and foreign governments, private sector organisations and NGOs on rule of law issues arising in the field of international development, as well as providing training on related issues.  This work builds on Naina’s experience prior to coming to the Bar, focusing on the role of law in post-conflict reconstruction efforts.  After leaving university, she researched comparative access to justice and its human rights implications across the developing world for the British Institute of International and Comparative Law.  While at Harvard, Naina spent a year teaching international human rights with Professor Michael Ignatieff.  Thereafter, Naina worked for organisations including the Ministry of Rural Rehabilitation and Development in Afghanistan, the United Nations Development Program and the charity International Rescue Committee, advising on furthering local and national economic objectives through human-rights-promoting development programming.  This work took her to Rwanda, Kosovo, Azerbaijan and Afghanistan before coming to the Bar.

Cases

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Discrimination

Naina has extensive experience in discrimination law in a wide range of contexts including employment, the provision of goods and services and the exercise of public functions.  She has particular experience in discrimination on the grounds of religion and belief, and the interplay between the law in this area and Article 9 ECHR jurisprudence, having authored the relevant chapters on this topic Lester, Pannick and Herberg: Human Rights Law and Practice (2009) and Tolley’s Discrimination in Employment Handbook (2007).

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Employment

Naina has a broad experience of employment law, involving work in the Employment Tribunal, the County Court and the High Court.  She has been involved in several high worth “whistle-blowing” actions, claims for breach of contract and cases involving restrictive covenants and TUPE transfers.  She regularly represents both claimants and respondents in unfair dismissal and discrimination cases.  She also acts for individuals and for regulatory bodies in the employment field, such as the General Teaching Council and the General Medical Council.

Naina has a particular interest in discrimination on the grounds of religion and belief, and the interplay between the law in this area and Article 9 ECHR jurisprudence.

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EU & Competition

Naina has significant experience of competition law, having spent a secondment at the Office of Fair Trading advising on a major cartel investigation into the construction industry.  Naina’s interest in competition and international trade law builds upon a strong academic background in economics, which she has studied to PhD level at Harvard. 

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Foreign & Defence Policy

Naina has extensive experience in litigation involving foreign and defence policy.  She has acted both public and private law claims involving policy issues of this kind, often including issues relating to jurisdiction, foreign law and conflict of laws.  She also has experience of the practical issues around taking instructions and providing disclosure in these contexts, having spent time deployed on behalf of the British Government as Senior Justice Advisor to the multi-lateral Provisional Reconstruction Team in Helmand, Afghanistan and as a Rule of Law Advisor to the Department of International Development.

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Police

Naina has acted for or alongside a number forces, including the Metropolitan Police and Thames Valley Police, in claims involving criminal records disclosure, the use of stop and search powers and passport seizures.

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Privy Council & Offshore

Naina has a particular interest in the constitutional law of the British Overseas Territories, Crown Dependencies and the Caribbean.  She has advised a wide range of governments including Gibraltar and the Cayman Islands and has appeared before the Judicial Committee of the Privy Council on a number of occasions, including as an advocate.

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Rule of Law

Naina regularly advises domestic and foreign governments, private sector organisations and NGOs on rule of law issues arising in the field of international development, as well as providing training on related issues.  This work builds on Naina’s experience prior to coming to the Bar, focusing on the role of law in post-conflict reconstruction efforts.  After leaving university, she researched comparative access to justice and its human rights implications across the developing world for the British Institute of International and Comparative Law.  While at Harvard, Naina spent a year teaching international human rights with Professor Michael Ignatieff.  Thereafter, Naina worked for organisations including the Ministry of Rural Rehabilitation and Development in Afghanistan, the United Nations Development Program and the charity International Rescue Committee, advising on furthering local and national economic objectives through human-rights-promoting development programming.  This work took her to Rwanda, Kosovo, Azerbaijan and Afghanistan before coming to the Bar.

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Achievements

Education

BA Hons (Oxon) (PPE); Diploma in Law (City) (Major Scholar); MPP (Harvard) (Fulbright Scholar), BVC (Princess Royal Scholar, Inner Temple)

Prizes & Scholarships

  • Civilian Service Medal Afghanistan (2012)
  • Sydney Elland Goldsmith Bar Pro Bono Award (Bar Pro Bono Unit, 2008) 
  • Princess Royal Scholarship (Inner Temple, 2004)
  • Thesis Award (Carr Center for Human Rights Policy, Harvard, 2004)
  • Harvard International Development Award (Center for International Development, Harvard, 2003)
  • Major Scholarship (Inner Temple, 2002)
  • Duke of Edinburgh Entrance Award (Inner Temple, 2002)
  • Fulbright Scholarship (US-UK Fulbright Commission, 2002)
  • Coolidge Award (Balliol College, Oxford, 2001)
  • Paton Scholarship (Balliol College, Oxford, 2001)
  • Fletcher Exhibition (Balliol College, Oxford, 2000)

Publications

  • “Measuring Policy on Access to Justice and Taxation in the United Kingdom”, Bingham Centre Working Paper (2015) 
  • "India and the Post-2015 Agenda: Shaping the Connections between Law and Development", Bingham Centre (2015)
  • “Building the Rule of Law in Helmand: Testing the Bingham Principles”, Bingham Centre Working Paper (2014) 
  • “Constitutional Reform in Myanmar: Priorities and Prospects for Amendment”, Bingham Centre Working Paper (2014) 
  • “Secure Property Rights and Development”, DFID Research and Development, with Chiara Selvetti and Others (2014) 
  • “Constitutional Reform on the Road to Mandalay” published in Myammar Times (30 December September 2013) 
  • “The Rule of Law and International Development”, DFID Research and Evidence Division, with Caroline Roseveare, Will Evans and Tam O’Neill (2013) 
  • “The long road to justice in Afghanistan” published in the Guardian newspaper, 15 September 2011
  • Lester, Pannick and Herberg: Human Rights Law and Practice published by LexisNexis Butterworths (2009): chapters on Article 5 and Article 9 of the ECHR, and Wales.
  • UK case section of Sweet & Maxwell’s Human Rights Alerter: from May 2008 to May 2009.
  • Tolley’s Discrimination in Employment Handbook published by LexisNexis Butterworths (2007): chapters on Religion and Belief and Marital Status 
  • “State Immunity and the UN Convention: A Practitioner’s View” [2007] Int.T.L.R. 1, with Shaheed Fatima
  • “Understanding IRC Approaches from Relief to Post-Conflict: Community-Driven Reconstruction” with Lizanne McBride, International Rescue Committee, 2005, presented at the World Bank/USAID Conference on Community-Based Development in Fragile/Conflict Affected Environments, 26-28 October 2005, Washington DC
  • “Building on the Foundations of NSP: Developing a Viable and Effective Framework for Local Government in Afghanistan”, John F Kennedy School of Government, June 2004

Teaching and Training

Naina regularly provides teaching and training both in the UK and overseas.

Recent experience includes:

  • Constitutional Options for Myanmar (Bingham Centre, Myanmar, 2013-2015)
  • Human Rights Beyond the State, International Law in Practice (BIICL, 2014)
  • Freedom of Expression Standards (Bingham Centre, Bahrain, 2013)
  • Constitutional Options for Libya (Bingham Centre, Tunisia, 2012)
  • European Convention on Human Rights (Slynn Foundation, Albania, 2011)
  • European Convention on Human Rights (British East West Centre, Armenia, 2009)
  • International Human Rights (Bar Human Rights Committee, Afghanistan, 2007-2008)

Speaking

Naina frequently speaks at conferences, seminars and other events, both in the UK and internationally.

Recent speaking appointments include: ALBA Summer Conference (July 2016); Blackstone Brexit Seminar (July 2016); Public Law Project North Conference (July 2016); Open Society Justice Initiative Conference (June 2016); Stanford University Roundtable (April 2016); Holywell Manor Festival, Oxford (April 2016); Innovating Justice Forum, the Hague (Nov 2015); Public Law Project Conference (October 2015); Blackstone Chambers Religion and Belief Seminar (May 2015); Bingham Centre India Seminar, Delhi (Feb 2015); HRLA, JUSTICE and the Law Society Seminar (May 2014); BIICL Seminar (October 2012); Blackstone Chambers Public Law Seminar (June 2012); Oxford Bar Society (May 2012); Society of Legal Scholars (April 2012); Lawyers without Borders (March 2012); OXFID Conference (Feb 2012); A4ID Knowledge Group (Dec 2011); Bingham Centre, Post-Conflict States Seminar (Dec 2011); JUSTICE/Sweet & Maxwell Conference (Oct 2011).

Memberships

  • A4ID
  • ALBA (Executive Committee)
  • BHRC
  • COMBAR
  • ELA
  • HRLA
  • ILPA
  • UNHCR Pro Bono Panel
  • Fellow, Bingham Centre for the Rule of Law
  • Principal Associate, Law and Development Partnership
  • Bar European Group

Naina has been a member of the Executive Committee of both the Bar Human Rights Committee and the Human Rights Law Association.

Selected earlier reported cases

Civil Liberties & Human Rights

  • Al Rawi & ors v Security Service, Secret Intelligence Service & Ors [2010] EWHC 1496
  • R (Madni) v Secretary of State for Foreign and Commonwealth Affairs and Commissioner of the British Indian Ocean Territory (2010) 
  • R (ZO) Somalia v Secretary of State for the Home Department [2009] 1 WLR 2477
  •  (McKoy) v Oxford Brookes University [2009] EWCA Civ 1561
  • R (London Secure Services Ltd) v Youth Justice Board [2009] EWHC 2347 (Admin)
  • R (Nuclear Information Service) v Secretary of State for Defence and Secretary of State for the Foreign and Commonwealth Office [2008] EWHC 1634 (Admin)
  • R (Saleh Hasan) v Secretary of State for Trade and Industry [2008] EWCA Civ 1312R
  • R (Green) v City of Westminster Magistrates’ Court [2007] EWHC 2785 (Admin)
  • YL v Birmingham City Council and Others [2007] UKHL 27; [2007] 3 WLR 112

Commercial

  • Injunctive Relief in Arbitration Proceedings (2010)
  • Commercialisation of waterway rights (2009)
  • Lombard North Central v TJ Transport Limited (2009)
  • Misrepresentation in regulatory context (2008)

Public & Regulatory

  • R (ZO) Somalia v Secretary of State for the Home Department [2009] 1 WLR 2477
  • (McKoy) v Oxford Brookes University [2009] EWCA Civ 1561
  • R (London Secure Services Ltd) v Youth Justice Board [2009] EWHC 2347 (Admin)
  • R (Compton) v Wiltshire Primary Care Trust [2008] EWCA Civ 749
  • R (Green) v City of Westminster Magistrates’ Court [2007] EWHC 2785 (Admin)
  • YL v Birmingham City Council and Others [2007] UKHL 27; [2007] 3 WLR 112

Public International Law

  • R (Madni) v Secretary of State for Foreign and Commonwealth Affairs and Commissioner of the British Indian Ocean Territory (2010) 
  • R (Kammash & Ors) v Ministry of Defence (2009)
  • R (Nuclear Information Service) v Secretary of State for Defence and Secretary of State for the Foreign and Commonwealth Office [2008] EWHC 1634 (Admin)
  • R (Clarkson) v Secretary of State for Defence (2008)

Employment

  • General Teaching Council v Beresford (2009)
  • L v (1) A law firm and (2) a Global Legal Recruitment Agency (2008)
  • Batty v Avery Weigh-Tronix (2008)
  • Coogan v Buckinghamshire County Council & Governing Body of Westfield School (2008)
  • O’Reilly v Mitchells & Butler (2007)
  • TUPE Proceedings Against a Charity (2007)

EU & Competition

  • Cartel Investigation into the Construction Industry (2008)
  • Stones v KLM Royal Dutch Airlines (2007)

Foreign & Defence Policy

  • Al Rawi & ors v Security Service, Secret Intelligence Service & Ors [2010] EWHC 1496
  • R (Madni) v Secretary of State for Foreign and Commonwealth Affairs and Commissioner of the British Indian Ocean Territory (2010) 
  • R (Nuclear Information Service) v Secretary of State for Defence and Secretary of State for the Foreign and Commonwealth Office [2008] EWHC 1634 (Admin)
  • R (Saleh Hasan) v Secretary of State for Trade and Industry [2008] EWCA Civ 1312R

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