Naina is recognised as a leading barrister in Chambers and Partners, Chambers Global and Legal 500 in a broad range of areas. Her practice encompasses administrative, public and regulatory law, EU & competition law, commercial law, civil liberties and human rights, immigration, public international law, the rule of law and sanctions. Naina is ranked as a leading junior in 6 practice areas in the leading independent legal directories. In 2022, Naina was nominated for Public Law Junior of the Year (Legal 500).

Recent comments include:

  • “She was a joy to work with” - Chambers and Partners, 2024
  • “A true expert…she is responsive, thorough, insightful” - Chambers and Partners, 2024
  • “She’s clever, hard-working, unflappable, and willing to take on difficult arguments” - Chambers Global 2024
  • “An authoritative advocate who is a huge asset to any team on a complex matter” - Legal 500, 2024
  • “She is very impressive in court and completely on top of the case with excellent client skills” - Legal 500, 2024
  • “Naina produces work of silk standard” - Chambers and Partners, 2023
  • "Meticulous and first-rate” - Legal 500, 2023 
  • “Intelligent, innovative answers” - Chambers Global, 2023

Previous comments include:

  • “She is really fantastic; she has a complete mastery of the law and gets on top of the issues” - Chambers and Partners
  • “A very skilful and fierce advocate” - Legal 500
  • “Eloquent and fiercely smart.  Top drawer” - Chambers and Partners
  • “She has the court in the palm of her hand” - Legal 500
  • "An excellent advocate" - Chambers and Partners
  • “Brilliant, thoughtful and diligent” Legal 500
  • “Extremely impressive” - Chambers and Partners
  • “Committed and tenacious” - Legal 500
  • "On the path to stardom” - Chambers and Partners

Naina acts for a wide range of clients, including international organisations, states, companies and individuals, whether as claimants, defendants and interveners. She is experienced in litigating before a wide variety of courts and tribunals, including the Administrative Court, the Chancery Division, the Commercial Court, the Competition Appeal Tribunal and the European Court of Human Rights. She has appeared in over ten cases before the House of Lords/Supreme Court, several Privy Council matters and numerous Court of Appeal cases, including as sole Counsel.

Recent highlights of Naina's practice include:

  • acting for Mastercard in the interchange fee litigation on the highly significant question of the effect of a post-Brexit judgment of the ECJ on rights which are said to have ‘accrued’ under EU law prior to Brexit (Umbrella Interchange Fee Proceedings and Merricks v Mastercard [2023] CAT 49)
  • acting for Ukraine in the inter-state case Ukraine v Russia (Application 11055/22) concerning the Ukrainian Government’s allegations of “human rights violations committed by the Russian Federation in its military operations on the territory of Ukraine since 24 February 2022” (ongoing)
  • successfully representing the Competition and Markets Authority in the first ever judicial review of the making of a market investigation reference (Motorola v CMA [2022] CAT 4)
  • acting for the Maduro Board of the Central Bank of Venezuela in a battle for control over $2 billion Venezuelan gold reserves at the Bank of England in a case raising important issues of head of state recognition and foreign act of state (Maduro Board of the Central Bank of Venezuela v Guaido Board of the Central Bank of Venezuela [2021] UKSC 57)
  • successfully representing Her Majesty's Treasury and HMRC in a judicial review of the decision to abolish VAT-free shopping schemes on grounds of WTO law incompatibility (R (Heathrow Airport) Limited v Her Majesty's Treasury [2021] EWCA Civ 783)
  • successfully representing the Kingdom of Spain in its appeal against the registration of a Spanish judgment concerning the sinking of the Prestige, raising issues of whether alleged breaches of ECHR or ICCPR rights can constitute a manifest breach of English public policy (London Steam-Ship Mutual Insurance Association v The Kingdom of Spain [2021] EWHC 1247 (Comm))
  • successfully representing JCWI in its challenge to the lawfulness of UT (IAC) guidance by which the norm of oral appeal hearings was replaced with a default of paper determinations of statutory asylum and immigration appeals during the Covid-19 pandemic (R (JCWI) v President of the UT(IAC) [2020] EWHC 3103 (Admin))
  • acting for the Qatar Regulatory Authority in the first-of-its-kind application to enforce a financial penalty in one of its Decision Notices against the backdrop of the diplomatic blockade between UAE and Qatar (Qatar Financial Centre Regulatory Authority v First Abu Dhabi Bank P.J.S.C [2020] QIC (A) 2)
  • acting for EK in her claim for damages against the Home Office for breaches of positive obligations under Article 4 ECHR following her trafficking into domestic servitude following EK (Article 4 EHCR: Anti-Trafficking Convention [2013] UKUT 00313 (IAC) (see eg. EK v Home Office [2019] EWHC 1535 (QB));
  • securing a judgment for over $50 million against the Syrian Arab Republic for damages relating to an aircraft hijacking in 1985, following a novel approach to service under the State Immunity Act 1978 and successful arguments about immunity (Certain Underwriters & Ors v Syrian Arab Republic & Ors [2018] EWHC 385 (Comm)).

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 and Public International Law Panels, the Equality and Human Rights Commission's Panel and the UNHCR's Pro Bono Panel. She is also 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.  

Naina is a Senior Rule of Law Fellow at the Bingham Centre for the Rule of Law and a widely published author on rule of law issues around the world. She regularly speaks and provides training in this area to governments and civil society in the UK and overseas.

Naina has held a number of significant posts in public office, accommodated around her legal practice.  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).  

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.

Cases

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  • ARAP Relocation Litigation(ongoing)

    Representing six Afghans eligible for resettlement to the UK under the ‘ARAP’ scheme in urgent judicial review challenges to the UK Government’s policy of ceasing to use bridging hotels to accommodate such individuals on arrival in the UK, leading to thousands being stranded in third countries like Pakistan awaiting relocation, on expired Pakistani visas facing the threat of imminent deportation. The Government withdrew the challenged policy in October 2023 (with Tom Hickman KC).

  • Various claimants v [Natural resources company](ongoing)

    Acting for the claimants in a civil claim against a natural resources company, in respect of serious assaults allegedly perpetrated by security personnel (with Tim Otty KC).

  • Ukraine v RussiaOngoing

    Acting pro bono on behalf of Ukraine in the inter-state case Ukraine v Russia (Application 11055/22) concerning the Ukrainian Government’s allegations of “human rights violations committed by the Russian Federation in its military operations on the territory of Ukraine since 24 February 2022” (with Tim Otty QC). 

  • AAA & Ors v Petra Diamonds LtdSettled (2021)

    Acted on behalf of 71 claimants who allege that they suffered serious human rights abuses at the Williamson Diamond Mine in Tanzania.  Settlement followed the issue of claims in the High Court in London against Petra Diamonds Ltd and its majority-owned Tanzanian subsidiary, Williamson Diamonds Ltd (with Tim Otty QC).

  • London Steam-Ship Mutual Insurance Association v The Kingdom of Spain[2021] EWHC 1247 (Comm)

    Successfully represented the Kingdom of Spain in this appeal against the registration of a Spanish judgment, raising the issue of whether alleged breaches of ECHR or ICCPR rights can constitute a manifest breach of English public policy (with Timothy Young QC).  

  • R (JCWI) v President of the UT(IAC)[2020] EWHC 3103 (Admin); [2020] EWHC 2056 (Admin)

    Successfully represented the Claimant charity in its challenge to the lawfulness of Guidance by which the norm of oral appeal hearings was replaced with a default of paper determinations of statutory asylum and immigration appeals during the Covid-19 pandemic. The President has, in response to the judgment, withdrawn the unlawful guidance.  (With Charlotte Kilroy QC and Rachel Jones).

  • R (JP) v SSHD[2020] 1 WLR 918

    Represented the claimants at an early stage in this challenge to the SSHD's failure to consider their eligibility for DLR as a victim of modern slavery before considering their protection claims and her policies on victims on modern slavery as failing to reflect the obligations imposed by the Anti-Trafficking Convention.

  • EK v Home Office[2019] EWHC 1535 (QB) and ongoing (High Court)

    Representing the Claimant in this Article 4 ECHR claim for damages for breach of the protective obligation to protect against trafficking and forced labour by virtue of entry clearance procedures in place and properly operated. Successfully defended strike out application.

  • In the Matter of the Migration Crisis(2019)

    Advised several government departments in relation to a high profile threatened challenge concerning one of their responses to the migration crisis.

  • R (P, G and W) v SSJ & SSHD[2019] UKSC 3, [2019] 2 WLR 509

    Junior Counsel to the Secretaries of State in these appeals concerning challenges to the compatibility of the criminal records disclosure regime with Article 8 ECHR (with James Eadie QC and Kate Gallafent QC).

  • SA (Iran) v SSHD[2018] EWCA Civ 3134

    Successfully represented the Respondent in this second appeal against an entry clearance decision relating to a minor seeking to join his mother on the basis of an error concerning serious and compelling circumstances. 

  • E v E[2017] 4 WLR 1000

    Represented the SSHD in interlocutory proceedings relating to a mother's application for a declaration that committal findings against the father (who had removed her three children to Nigeria) constituted criminal offences so as to achieve his extradition to the UK.

  • Corbiere v Xu[2017] EWHC 3364 (Admin)

    Acted for the Claimant company in this judicial review and related applications [2017] EWHC 255 (Admin) and [2017] EWHC 2482 (Admin) challenging various decisions of the SSHD and SSJ relating to a foreign criminal convicted of stealing their confidential investment strategies, including his proposed deportation to China where there was a real risk of his being reunited with the fruits of his crime.

  • WA v Home Office[2017] EWHC 3503 (QB)

    Acted for the Claimant in this Article 4 ECHR claim for damages for breaches of the protective obligation to protect against trafficking and forced labour by virtue of operating the join ship visa scheme.

  • R (Qarani) v SSHD[2017] EWHC 507 (Admin)

    Successfully represented the Claimant in this complex unlawful detention claim where, following 3 interlocutory hearings, the Claimant was released on bail pending the expedited hearing of his claim for judicial review.  

  • R (K) v SSHD(High Court, 2016)

    Acted for the Metropolitan Police, an interested party in this challenge to the decision to seize and cancel passports using powers under the Counter-Terrorism and Security Act 2015 and the royal prerogative.

  • FS (Albania) v SSHD(Court of Appeal, 2016)

    Successfully acted for the Appellant in this claim concerning the demands of procedural fairness in an interview with a victim of human trafficking.

  • R (Jayeola) v SSHD[2016] EWHC 2335 (Admin)

    Represented the Secretary of State in this unlawful detention claim where the Court accepted the submission that the Secretary of State was entitled to a period of time to consider a change of circumstances and decide whether to release.

  • R (McAtee) v SSJ[2016] EWHC 1019 (Admin)

    Successfully represented the Defendant in this challenge to the recall of a prisoner from open conditions following the introduction of a new policy on transfers to open conditions for prisoners with an abscond history.  The Court found no illegality or Article 5 ECHR breaches.

  • R (G) v (1) Chief Constable of Surrey & (2) SSHD[2016] 4 WLR 94

    Acted for the Secretary of State in this challenge to the criminal records disclosure scheme on the grounds its alleged absence of procedural safeguards infringed Article 8 ECHR (with Kate Gallafent QC).

  • Brexit and Article 50(2016)

    In the immediate aftermath of the referendum, advised a confidential client on whether the UK Government's giving notice of the UK's intention to leave the EU under Article 50 TFEU is revocable and whether it requires prior Parliamentary consent (with Professor Sir Jeffrey Jowell QC).

  • R (Public Law Project) v SSJ[2016] UKSC 39 (Admin); [2016] AC 1531

    Successfully acted for PLP in this successful challenge to the proposed residence test for civil legal aid, set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2014.  The Supreme Court found that the test was ultra vires its authorising statute (with Michael Fordham QC and Ben Jaffey).

  • R (Gilbert) v SSJ[2015] EWCA Civ 802

    Successfully represented the Defendant in this appeal concerning a challenge to a new policy on transfers to open conditions and temporary release for prisoners with an abscond history, following the dismissal of the claim R (Gilbert) v SSHD [2015] EWHC 927  (with Tom Weisselberg QC).

  • SSHD v GediAA/02649/2015

    Successfully acted for the successful Respondent in this case concerning whether the Secretary of State's use of a second deportation order to deport following a successful appeal against a first order constituted an abuse of process.

  • R (Jackley) v SSJ[2015] EWHC 1266 (Admin)

    Successfully represented the Defendant in this challenge to a new policy on temporary release for prisoners with an abscond history on grounds which included alleged indirect discrimination for prisoners suffering from certain disabilities.

  • AH (Algeria) v SSHD[2015] EWCA Civ 1003

    Represented the Appellant in this appeal from AA/03394/2006 on remittal from the Court of Appeal following its decision in AH (Algeria) [2012] EWCA Civ 395 regarding the application of the exclusion clauses in Article 1F of the Refugee Convention.

  • ID Deria (Somalia) v SSHD(Court of Appeal, 2014)

    Successfully acted for the Respondent in this contested application for permission to appeal to the Court of Appeal raising issues as to the status of an undertaking given by a Home Office Presenting Officer to the Tribunal regarding route of return and whether a Tribunal is entitled to decide the question of Article 3 ECHR risk on return by reference to events eg. documentation of an individual which has not yet taken place.

  • R (O) v DFID[2014] EWHC 2371 (Admin)

    Acted for the Department in this challenge to its process of assessing the Government of Ethiopia’s compliance with its Partnership Principles (in particular its commitment to respecting human rights and other international obligations) for the purposes of making continued aid disbursements to the country (with James Eadie QC).

  • R (Hodkin & Church of Scientology Religious Education College) v Registrar General[2013] UKSC 77; [2014] AC 610

    Successfully represented the Claimants in this in this leapfrog appeal from [2012] EWHC 3635 Admin, a challenge to the decision of the Registrar-General for Births, Deaths and Marriages not to register the London Scientology Chapel as a place of meeting for religious worship on grounds of unlawfulness and religious discrimination (with Lord Lester QC).

  • R (Kamara) v SSHD[2013] EWHC 959 (Admin)

    Successfully acted for the Claimant in this judicial review of the unlawfulness of his detention given the improbability of obtaining an Emergency Travel Document within any reasonable period of time.

  • Tawakoli v SSHDJR/2090/2013

    Successfully acted for the Defendant in this judicial review of the refusal to treat further submissions as a fresh claim in the context of a Claimant who raised Article 3 and Article 8 ECHR issues arising from his claimed Christianity and his return to Afghanistan – where the Claimant had been returned and he sought to rely on evidence consequential upon his return.

  • R (Chief Justice of the Cayman Islands) v (1) Governor of the Cayman Islands & (2) Judicial and Legal Services Commission[2012] UKPC 39

    Successfully acted for the Governor of the Cayman Islands in this challenge to the constitutionality of various provisions of the Cayman Islands Constitution Order 2009 relating to judicial independence pursuant to section 4 of the Judicial Committee Act 1833 (with Lord Pannick QC and Professor Sir Jeffrey Jowell QC).

  • R (Hoffmann) v the Commissioner of Inquiry and the Governor of the Turks and Caicos Islands[2012] UKPC 17

    Acted for the Claimant in this vires and fairness challenge to the conduct of the Commission of Inquiry into corruption in the government and legislature of the Islands (with Lord Pannick QC and Javan Herberg QC).

  • C v A Society(County Court, 2012)

    Acted for the Society in this challenge to its decision to cancel a room booking for an event on gay marriage on grounds it amounted to religious discrimination.  Settled.

  • RT (Zimbabwe) & Ors v SSHD; KM (Zimbabwe) v SSHD[2012] UKSC 38; [2013] 1 AC 152

    Acted for UNHCR in this case concerning the application of HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31 to cases concerning imputed political opinion, where individuals are politically apathetic but be persecuted for being perceived to be politically opposed to a particular regime (with Michael Fordham QC).

  • R (Diedrick) v Chief Constable of Hampshire Police & Ors[2012] EWHC 2144 (Admin)

    Successfully acted for the Thames Valley Police in this challenge to the amendments to Code A of the PACE Code of Practice removing the requirement to monitor the ethnicity of a person subject to stop and search powers, successfully resisting the grant of permission.

  • Tariq v Home Office[2011] UKSC 35; [2012] 1 AC 452

    Acted for JUSTICE/Liberty in this appeal regarding the compatibility of the closed material in employment proceedings with Article 6 ECHR and EU law, brought on the context of a claim for racial and religious discrimination (with John Howell QC).

  • R (Al-Skeini & Ors) v UK(2011) 53 EHRR 18

    Successfully acted for the Claimants in this appeal from [2007] UKHL 26; [2007] 3 WLR 33 concerning the extra-territorial application of the Human Rights Act 1998 to killings by British soldiers in post-war Iraq (with Rabinder Singh QC and Michael Fordham QC). 

  • Al Rawi & ors v SS, SIS & Ors[2011] UKSC 34; [2012] 1 AC 531

    Acted for JUSTICE/Liberty intervening in this appeal from [2010] EWCA Civ 482 and [2009] EWHC 2959 on the question of whether the Government may withhold sensitive evidence from several former victims of extraordinary rendition and torture in civil claims for damages but rely on that evidence in closed proceedings (with John Howell QC).  Acted for individual claimants below (with Michael Fordham QC).

  • HJ (Iran) v SSHD; HT (Cameroon) v SSHD[2010] UKSC 31; [2011] 1 AC 596

    Successfully represented UNHCR in this landmark case on the rights of gay asylum seekers where the Supreme Court held that such individuals could not be expected to seek to protect themselves from persecution in their home country by concealing sexual identity (with Michael Fordham QC)

Shortlist

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. 

Cases

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  • ARAP Relocation Litigation(ongoing)

    Representing six Afghans eligible for resettlement to the UK under the ‘ARAP’ scheme in urgent judicial review challenges to the UK Government’s policy of ceasing to use bridging hotels to accommodate such individuals on arrival in the UK, leading to thousands being stranded in third countries like Pakistan awaiting relocation, on expired Pakistani visas facing the threat of imminent deportation. The Government withdrew the challenged policy in October 2023 (with Tom Hickman KC).

  • A school v Ofsted(settled 2023)

    Acted for Ofsted in this judicial review challenge to a school’s rating following an inspection which raised issues relating to the framework for the assessment of standards in schools.

  • R (British Gas & Ors) v Secretary of State for Energy Security and Net Zero[2023] EWHC 737 (Admin)

    Represented Scottish Power in this highly expedited judicial review of the subsidy granted to Octopus Energy to enable it to acquire the customers of Bulb which had entered into energy administration, one of only two subsidy control cases brought before the UK courts since the UK left the European Union (with Kieron Beal KC). An application for permission to appeal is pending.

  • Ofqual v ICOEA/2021/0234

    Represented the Department of Education, an Interested Party in this appeal by Ofqual against a Decision Notice of the Ico which required it to disclose certain information requested under FOIA which showed the percentage of Centre Assessed Grades in each education centre in England that was adjusted following the application of the algorithm or standardisation applied during Covid. The appeal was dismissed but the decision of the First-Tier Tribunal was subsequently set aside by the Upper Tribunal in [2023] UKUT 253 (AAC).

  • Bradford Multiplex Broadcasting Corporation Limited v Ofcom(2022, permission refused)

    Represented Ofcom in this judicial review challenge to a decision to reject an application for a small-scale radio multiplex licence on multiple grounds. Permission refused.

  • CityFibre v Ofcom[2022] CAT 33

    Successfully defended Ofcom in this appeal brought by CityFibre against a commercial offer from Openreach concerning the rollout of fibre to the premises (FTTP) broadband (Equinox) (with Monica Carss-Frisk QC).

  • Motorola v CMA[2022] CAT 4

    Successfully represented the Competition Market Authority in the first ever judicial review of the making of a market investigation reference.  The investigation concerned Motorola’s Airwave network, the mobile radio network used by all emergency services in Great Britain (with Josh Holmes QC).

  • In the Matter of a Utility Company and its Supply Obligations2021

    Advised a multinational energy company in respect of various competition and insolvency issues, routes for exiting a gas or electricity supply licence and the Suppler of Last Resort process. 

  • In the Matter of the Electricity Act 19892021

    Advised a multinational energy company in respect of various definitions in the Electricity Act 1989 and their application in the context of offshore and onshore transmission systems respectively.

  • Star Pubs & Bars Limited v The Pubs Code Adjudicator[2021] EWHC 1291 (Admin)

    Acted for Star Pubs & Bars Limited in the first ever appeal to the High Court against a financial sanction imposed by the Pubs Code Adjudicator (with Catherine Callaghan QC).

  • R (Heathrow Airport) Limited & Ors v Her Majesty’s Treasury & Anor[2021] EWCA Civ 783

    Acted for Her Majesty's Treasury and Revenue in Customs in this judicial review of a decision to abolish the abolition of the VAT Retail Export Scheme in Great Britain and the extra-statutory concession for airside shopping in the United Kingdom following the exit of the UK from the EU.  One of The Lawyer’s Top 20 Cases of 2021, the case was the first to consider the justiciability of WTO law domestically post-Brexit .

  • R (JCWI) v President of the UT(IAC)[2020] EWHC 3103 (Admin); [2020] EWHC 2056 (Admin)

    Successfully represented the Claimant charity in its challenge to the lawfulness of Guidance by which the norm of oral appeal hearings was replaced with a default of paper determinations of statutory asylum and immigration appeals during the Covid-19 pandemic. The President has, in response to the judgment, withdrawn the unlawful guidance.  (With Charlotte Kilroy QC and Rachel Jones).

  • R (JP) v SSHD[2020] 1 WLR 918

    Represented the claimants at an early stage in this challenge to the SSHD's failure to consider their eligibility for DLR as a victim of modern slavery before considering their protection claims and her policies on victims on modern slavery as failing to reflect the obligations imposed by the Anti-Trafficking Convention.

  • Qatar Financial Centre Regulatory Authority v First Abu Dhabi Bank P.J.S.C.[2020] QIC (A) 2

    Acted for the QFC in this first-of-its-kind application to enforce the financial penalty stipulated in one of its Decision Notices against the First Abu Dhabi Bank PJSC.  The application involved questions relating to service in the context of the diplomatic blockade of Qatar by the UAE and the test the Court should apply to deciding whether to permit enforcement of the QFC's Decision Notice (with Ben Jaffey QC).

  • GC v SSWP & AE (CSM)[2019] UKUT 199 (AAC)

    Successfully represented the Secretary of State in this important decision about the treatment of informal agreements by non-resident parents to maintain children outside the jurisdiction of the UK for the purposes of child maintenance assessments.

  • In the Matter of the Migration Crisis(2019)

    Advised several government departments in relation to a high profile threatened challenge concerning one of their responses to the migration crisis.

  • R (P, G and W) v SSJ & SSHD[2019] UKSC 3, [2019] 2 WLR 509

    Junior Counsel to the Secretaries of State in these appeals concerning challenges to the compatibility of the criminal records disclosure regime with Article 8 ECHR (with James Eadie QC and Kate Gallafent QC).

  • Qureshi v (1) ICO and (2) FCOEA/2018/0119

    Successfully represented the FCO in this appeal against the ICO's determination of a FOIA appeal concerning documentation relating to an attempted aircraft bombing in 1986. 

  • In the Matter of a Property(2018)

    Advised on issues under the Diplomatic and Consumer Premises Act 1987 relating to the sale of a property.

  • A Potential Challenge vs a Regulator(High Court/CAT, 2019)

    Represented a utility provider in this potential challenge to a regulator relating to changes in the regulatory regime, including a price control mechanism.

  • E v E[2017] 4 WLR 1000

    Represented the SSHD in interlocutory proceedings relating to a mother's application for a declaration that committal findings against the father (who had removed her three children to Nigeria) constituted criminal offences so as to achieve his extradition to the UK.

  • Corbiere v Xu[2017] EWHC 3364 (Admin)

    Acted for the Claimant company in this judicial review and related applications [2017] EWHC 255 (Admin) and [2017] EWHC 2482 (Admin) challenging various decisions of the SSHD and SSJ relating to a foreign criminal convicted of stealing their confidential investment strategies, including his proposed deportation to China where there was a real risk of his being reunited with the fruits of his crime.

  • R (UKPN) v Gas and Electricity Markets Authority[2017] EWHC 1175 (Admin)

    Successfully acted for Scottish and Southern Electricity, a proposed third party to a judicial review of a determination by GEMA relating to charges payable by customers for connections to electricity distributors under the Electricity Act 1989.

  • R (John Ford Solicitors) v Director of Legal Aid CaseworkHigh Court, 2017

    Acted for the Director in this challenge to a decision to refuse funding to pursue a costs appeal following the compromise of a claim for judicial review and no order as to costs being made.

  • R (AM) v Department for International Trade(High Court, 2016-2017)

    Acted for Allam Marine in this challenge to the decision to refuse an export licence for the export of industrial generators to the UAE.

  • R (P and A) v SSJ[2016] EWHC 89 (Admin)

    Acted for the Secretary of State in these challenges to the criminal records disclosure scheme on the grounds its alleged absence of procedural safeguards infringed Article 8 ECHR (with Kate Gallafent QC).

  • R (G) v (1) Chief Constable of Surrey & (2) SSHD[2016] 4 WLR 94

    Acted for the Secretary of State in this challenge to the criminal records disclosure scheme on the grounds its alleged absence of procedural safeguards infringed Article 8 ECHR (with Kate Gallafent QC).

  • Commissioner of Customs v Delta Petroleum (Caribbean) Ltd[2016] UKPC 27

    Successfully acted for the Respondent in this appeal against the decision of the Eastern Caribbean Court of Appeal (British Virgin Islands) that the Commissioner's seizure of Delta's fuel storage tank and its contents was unlawful, the fuel not having been liable to forfeiture under the Customs Management and Duties Act No 6 of 2010.

  • R (MF) v SSHD(High Court, 2016)

    Successfully acted for the Defendant in this challenge to a decision of the Service Complaints Panel to discharge an individual from service, permission being refused on the papers.

  • R (McAtee) v SSJ[2016] EWHC 1019 (Admin)

    Successfully represented the Defendant in this challenge to the recall of a prisoner from open conditions following the introduction of a new policy on transfers to open conditions for prisoners with an abscond history.  The Court found no illegality or Article 5 ECHR breaches.

  • R (Bushell) v (1) Manchester Mental Health and Social Care Trust & (2) Clinical Commissioning Groups(2016)

    Successfully acted for the Claimant service user in this challenge to proposed cuts to seven specialist mental health services in Manchester.  Following the grant of permission, the decisions challenged were withdrawn.

  • R (K) v SSHD(High Court, 2016)

    Acted for the Metropolitan Police, an interested party in this challenge to the decision to seize and cancel passports using powers under the Counter-Terrorism and Security Act 2015 and the royal prerogative.

  • R (Jayeola) v SSHD[2016] EWHC 2335 (Admin)

    Represented the Secretary of State in this unlawful detention claim where the Court accepted the submission that the Secretary of State was entitled to a period of time to consider a change of circumstances and decide whether to release.

  • Brexit and Article 50(2016)

    In the immediate aftermath of the referendum, advised a confidential client on whether the UK Government's giving notice of the UK's intention to leave the EU under Article 50 TFEU is revocable and whether it requires prior Parliamentary consent (with Professor Sir Jeffrey Jowell QC).

  • R (Public Law Project) v SSJ[2016] UKSC 39 (Admin); [2016] AC 1531

    Successfully acted for PLP in this successful challenge to the proposed residence test for civil legal aid, set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2014.  The Supreme Court found that the test was ultra vires its authorising statute (with Michael Fordham QC and Ben Jaffey).

  • R (Gilbert) v SSJ[2015] EWCA Civ 802

    Successfully represented the Defendant in this appeal concerning a challenge to a new policy on transfers to open conditions and temporary release for prisoners with an abscond history, following the dismissal of the claim R (Gilbert) v SSHD [2015] EWHC 927  (with Tom Weisselberg QC).

  • In the Matter of the Proposed Quality Contracts Scheme for Buses in Tyne and Wear(QCS Board, November 2015)

    Successfully represented Stagecoach in proceedings before the Quality Contracts Board regarding the proposed Quality Contracts Scheme for buses in Tyne and Wear. 

  • AH (Algeria) v SSHD[2015] EWCA Civ 1003

    Represented the Appellant in this appeal from AA/03394/2006 on remittal from the Court of Appeal following its decision in AH (Algeria) [2012] EWCA Civ 395 regarding the application of the exclusion clauses in Article 1F of the Refugee Convention.

  • R (Jackley) v SSJ[2015] EWHC 1266 (Admin)

    Successfully represented the Defendant in this challenge to a new policy on temporary release for prisoners with an abscond history on grounds which included alleged indirect discrimination for prisoners suffering from certain disabilities.

  • Oxford Aviation Services v (1) CAA & (2) SDD[2015] EWHC 24

    Successfully acted for the Civil Aviation Authority in this challenge regarding the safety standards to be applied at RAF Northolt, a government aerodrome which accepts civil passenger and commercial air traffic as well as military aircraft (with Sarah Wilkinson).

  • Lawrence v General Medical Council(High Court, 2014)

    Acting for the GMC in this appeal under section 40 of the Medical Act 1983 against a doctor’s erasure from the medical register following information she provided by way of a witness statement in County Court proceedings.

  • R (Rusal) v London Metal Exchange[2014] EWCA Civ 1271

    Acted for the aluminium producer United Company Rusal in its judicial review of a warehousing rule change by the London Metal Exchange (with Monica Carss-Frisk QC and James Segan).

  • R (Hodkin & Church of Scientology Religious Education College) v Registrar General[2013] UKSC 77; [2014] AC 610

    Successfully represented the Claimants in this in this leapfrog appeal from [2012] EWHC 3635 Admin, a challenge to the decision of the Registrar-General for Births, Deaths and Marriages not to register the London Scientology Chapel as a place of meeting for religious worship on grounds of unlawfulness and religious discrimination (with Lord Lester QC).

  • R (Kamara) v SSHD[2013] EWHC 959 (Admin)

    Successfully acted for the Claimant in this judicial review of the unlawfulness of his detention given the improbability of obtaining an Emergency Travel Document within any reasonable period of time.

  • RT (Zimbabwe) & Ors v SSHD; KM (Zimbabwe) v SSHD[2012] UKSC 38; [2013] 1 AC 152

    Acted for UNHCR in this case concerning the application of HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31 to cases concerning imputed political opinion, where individuals are politically apathetic but be persecuted for being perceived to be politically opposed to a particular regime (with Michael Fordham QC).

  • R (Chief Justice of the Cayman Islands) v (1) Governor of the Cayman Islands & (2) Judicial and Legal Services Commission[2012] UKPC 39

    Successfully acted for the Governor of the Cayman Islands in this challenge to the constitutionality of various provisions of the Cayman Islands Constitution Order 2009 relating to judicial independence pursuant to section 4 of the Judicial Committee Act 1833 (with Lord Pannick QC and Professor Sir Jeffrey Jowell QC).

  • R (Hoffmann) v the Commissioner of Inquiry and the Governor of the Turks and Caicos Islands[2012] UKPC 17

    Acted for the Claimant in this vires and fairness challenge to the conduct of the Commission of Inquiry into corruption in the government and legislature of the Islands (with Lord Pannick QC and Javan Herberg QC).

  • R (Diedrick) v Chief Constable of Hampshire Police & Ors[2012] EWHC 2144 (Admin)

    Successfully acted for the Thames Valley Police in this challenge to the amendments to Code A of the PACE Code of Practice removing the requirement to monitor the ethnicity of a person subject to stop and search powers, successfully resisting the grant of permission.

  • R (Al-Skeini & Ors) v UK(2011) 53 EHRR 18

    Successfully acted for the Claimants in this appeal from [2007] UKHL 26; [2007] 3 WLR 33 concerning the extra-territorial application of the Human Rights Act 1998 to killings by British soldiers in post-war Iraq (with Rabinder Singh QC and Michael Fordham QC). 

  • Tariq v Home Office[2011] UKSC 35; [2012] 1 AC 452

    Acted for JUSTICE/Liberty in this appeal regarding the compatibility of the closed material in employment proceedings with Article 6 ECHR and EU law, brought on the context of a claim for racial and religious discrimination (with John Howell QC).

  • HJ (Iran) v SSHD; HT (Cameroon) v SSHD[2010] UKSC 31; [2011] 1 AC 596

    Successfully represented UNHCR in this landmark case on the rights of gay asylum seekers where the Supreme Court held that such individuals could not be expected to seek to protect themselves from persecution in their home country by concealing sexual identity (with Michael Fordham QC)

  • R (British American Tobacco) v SSH(2010)

    Acted for the Claimant in this challenge, on EU and ECHR grounds, to legislation banning the display of tobacco products (with Tom de la Mare QC).

Shortlist

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.  She is also familiar with international trade law and investment treaty arbitration.

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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  • Ukraine v RussiaOngoing

    Acting pro bono on behalf of Ukraine in the inter-state case Ukraine v Russia (Application 11055/22) concerning the Ukrainian Government’s allegations of “human rights violations committed by the Russian Federation in its military operations on the territory of Ukraine since 24 February 2022” (with Tim Otty QC). 

  • In the Matter of a Treaty(2022)

    Advised in relation to language used in relation to a major international treaty and its implications for policy and practice.

  • Maduro Board of the Central Bank of Venezuela v Guaidó Board of the Central Bank of Venezuela[2021] UKSC 57

    Acted for the Maduro Board in this important judgment on head of state recognition and foreign act of state in the ongoing battle for control over Venezuelan gold reserves worth nearly $2 billion and held at the Bank of England (with Jeffrey Jowell QC and Nick Vineall QC).

  • R (Heathrow Airport) Limited & Ors v Her Majesty’s Treasury & Anor[2021] EWCA Civ 783

    Acted for Her Majesty's Treasury and Revenue in Customs in this judicial review of a decision to abolish the abolition of the VAT Retail Export Scheme in Great Britain and the extra-statutory concession for airside shopping in the United Kingdom following the exit of the UK from the EU.  One of The Lawyer’s Top 20 Cases of 2021, the case was the first to consider the justiciability of WTO law domestically post-Brexit .

  • London Steam-Ship Mutual Insurance Association v The Kingdom of Spain[2021] EWHC 1247 (Comm)

    Successfully represented the Kingdom of Spain in this appeal against the registration of a Spanish judgment, raising the issue of whether alleged breaches of ECHR or ICCPR rights can constitute a manifest breach of English public policy (with Timothy Young QC).  

  • Qatar Financial Centre Regulatory Authority v First Abu Dhabi Bank P.J.S.C.[2020] QIC (A) 2

    Acted for the QFC in this first-of-its-kind application to enforce the financial penalty stipulated in one of its Decision Notices against the First Abu Dhabi Bank PJSC.  The application involved questions relating to service in the context of the diplomatic blockade of Qatar by the UAE and the test the Court should apply to deciding whether to permit enforcement of the QFC's Decision Notice (with Ben Jaffey QC).

  • In the Matter of a WTO-Related Dispute(2019)

    Advised a government in relation to a WTO-related dispute raising complex issues concerning the interplay between domestic and international law in the context of international trade.

  • In the Matter of a Public Register of Beneficial Interests(2018)

    Advised the Government of the Cayman Islands on the lawfulness of the Order in Council proposed under the Sanctions and Anti-Money Laundering Act 2018 to introduce public registers of beneficial interests in the jurisdiction (with Lord Pannick QC and Sir Jeffrey Jowell QC).

  • In the Matter of a Property(2018)

    Advised on issues under the Diplomatic and Consumer Premises Act 1987 relating to the sale of a property.

  • Certain Underwriters at Lloyds & Ors v Syria & Ors[2018] EWHC 385 (Comm)

    Successfully sued on USD50 million United States judgment for losses from terrorist destruction of aircraft in a claim raising issues of service absent diplomatic relations, state immunity, submission to the jurisdiction and frozen assets (with Tim Otty QC).

  • E v E[2017] 4 WLR 1000

    Represented the SSHD in interlocutory proceedings relating to a mother's application for a declaration that committal findings against the father (who had removed her three children to Nigeria) constituted criminal offences so as to achieve his extradition to the UK.

  • Brexit and Article 50(2016)

    In the immediate aftermath of the referendum, advised a confidential client on whether the UK Government's giving notice of the UK's intention to leave the EU under Article 50 TFEU is revocable and whether it requires prior Parliamentary consent (with Professor Sir Jeffrey Jowell QC).

  • AH (Algeria) v SSHD[2015] EWCA Civ 1003

    Represented the Appellant in this appeal from AA/03394/2006 on remittal from the Court of Appeal following its decision in AH (Algeria) [2012] EWCA Civ 395 regarding the application of the exclusion clauses in Article 1F of the Refugee Convention.

  • In the Matter of a Chemicals Project(2015)

    Advised a state corporation in relation to possible inter-state claims and claims under a Bilateral Investment Treaty relating to a failed joint venture with companies in another state (with Michael Beloff QC).

  • R (O) v DFID[2014] EWHC 2371 (Admin)

    Acted for the Department in this challenge to its process of assessing the Government of Ethiopia’s compliance with its Partnership Principles (in particular its commitment to respecting human rights and other international obligations) for the purposes of making continued aid disbursements to the country (with James Eadie QC).

  • Constitutional Options for Myanmar(2013-2014)

    Provided support to the Myanmar national consultation process on the Constitution of the Republic of the Union of Myanmar 2008 through a Constitutional Bus Tour that travelled the country raising awareness of the current Constitution and assisting individuals who wished to submit recommendations to the Joint Committee for Reviewing the Constitution.  Also provided technical assistance to Parliamentarians as they considered and debated amendments (with Professor Sir Jeffrey Jowell QC).

  • JSC BTA Bank v Ablyazov(2013)

    Advised on whether a proposed application to the ECtHR is an appeal for the purposes of section 3(2)€ of the Reciprocal Enforcement of Judgments Act 1922 (with Michael Beloff QC) .

  • Legal Barriers to Women’s Credit(2013)

    Advised the EBRD on legal barriers to women’s access to credit in both Morocco and the Kyrgyz Republic.

  • Constitutional Options for the New Libya(2012)

    Advised the Libyan Progress Initiative on constitutional options for the new Libya (with Professor Sir Jeffrey Jowell QC).

  • R (Al-Skeini & Ors) v UK(2011) 53 EHRR 18

    Successfully acted for the Claimants in this appeal from [2007] UKHL 26; [2007] 3 WLR 33 concerning the extra-territorial application of the Human Rights Act 1998 to killings by British soldiers in post-war Iraq (with Rabinder Singh QC and Michael Fordham QC). 

  • Al Rawi & ors v SS, SIS & Ors[2011] UKSC 34; [2012] 1 AC 531

    Acted for JUSTICE/Liberty intervening in this appeal from [2010] EWCA Civ 482 and [2009] EWHC 2959 on the question of whether the Government may withhold sensitive evidence from several former victims of extraordinary rendition and torture in civil claims for damages but rely on that evidence in closed proceedings (with John Howell QC).  Acted for individual claimants below (with Michael Fordham QC).

Shortlist

Competition

Naina has significant experience of competition law.  Following a secondment at the Office of Fair Trading advising on a major cartel investigation into the construction industry she has acted in a variety of High Court and Competition Appeal Tribunal matters, including follow on damages claims.  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. 

Cases

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  • Motorola v CMA(judgment awaited)

    Acting for the CMA in this judicial review of its decision to impose a price cap on Motorola following its market investigation into the supply of the communications network for emergency personnel via the “Airwave network” which found that features of the market cause an adverse effect on competition and result in the charging of supernormal profits by Motorola.

  • R (British Gas & Ors) v Secretary of State for Energy Security and Net Zero[2023] EWHC 737 (Admin)

    Represented Scottish Power in this highly expedited judicial review of the subsidy granted to Octopus Energy to enable it to acquire the customers of Bulb which had entered into energy administration, one of only two subsidy control cases brought before the UK courts since the UK left the European Union (with Kieron Beal KC). An application for permission to appeal is pending.

  • Jaguar Land Rover Ltd & Anor v DENSO Automotive UK Ltd & Anor(ongoing)

    Acting for Jaguar Land Rover in this damages claim brought in the High Court and transferred to the CAT against members of the DENSO Group following a European Commission Decision in respect of a cartel relating to alternators and starters for automobiles.

  • [A Software Company] v [A Software Company](settled, 2022)

    Acting for a software company against another software company in relation to a claim for injunctive relief and dominance arising out of the alleged abuse of a dominant position in the relevant market manifested in the adoption of a new trading model containing anti-competitive terms.

  • Renault SA & Ors v DENSO Corporation & OrsSettled (2022)

    Represented members of the Renault Group in a hybrid follow-on and stand-alone damages claim brought in the High Court against members of the DENSO Group following a European Commission Decision in respect of a thermal systems cartel.  Made the first application for early specific disclosure (before issue but before service of the claim) in this type of cartel damages claim.

  • CityFibre v Ofcom[2022] CAT 33

    Successfully defended Ofcom in this appeal brought by CityFibre against a commercial offer from Openreach concerning the rollout of fibre to the premises (FTTP) broadband (Equinox) (with Monica Carss-Frisk QC).

  • Motorola v CMA[2022] CAT 4

    Successfully represented the Competition Market Authority in the first ever judicial review of the making of a market investigation reference.  The investigation concerned Motorola’s Airwave network, the mobile radio network used by all emergency services in Great Britain (with Josh Holmes QC).

  • In the Matter of the Electricity Act 19892021

    Advised a multinational energy company in respect of various definitions in the Electricity Act 1989 and their application in the context of offshore and onshore transmission systems respectively.

  • In the Matter of a Utility Company and its Supply Obligations2021

    Advised a multinational energy company in respect of various competition and insolvency issues, routes for exiting a gas or electricity supply licence and the Suppler of Last Resort process. 

  • Jaguar Land Rover Ltd & Ors v NSK Ltd & OrsSettled (2021)

    Represented members of the Jaguar Land Rover Group in a follow-on damages claim brought in the High Court against various manufacturers of automotive bearings following a European Commission Decision about a bearings cartel.

  • R (Heathrow Airport) Limited & Ors v Her Majesty’s Treasury & Anor[2021] EWCA Civ 783

    Acted for Her Majesty's Treasury and Revenue in Customs in this judicial review of a decision to abolish the abolition of the VAT Retail Export Scheme in Great Britain and the extra-statutory concession for airside shopping in the United Kingdom following the exit of the UK from the EU.  One of The Lawyer’s Top 20 Cases of 2021, the case was the first to consider the justiciability of WTO law domestically post-Brexit .

  • Star Pubs & Bars Limited v The Pubs Code Adjudicator[2021] EWHC 1291 (Admin)

    Acted for Star Pubs & Bars Limited in the first ever appeal to the High Court against a financial sanction imposed by the Pubs Code Adjudicator (with Catherine Callaghan QC).

  • A Potential Challenge vs a Regulator(High Court/CAT, 2019)

    Represented a utility provider in this potential challenge to a regulator relating to changes in the regulatory regime, including a price control mechanism.

  • Peugeot Citroen Automobiles SA and others v NSK Ltd & Ors(CAT, 2017)

    Represented the Claimants in this cartel damages action arising out of the European Commission's Bearings decision (CAT).  Settled shortly before trial.

  • In the Matter of the Proposed Quality Contracts Scheme for Buses in Tyne and Wear(QCS Board, November 2015)

    Successfully represented Stagecoach in proceedings before the Quality Contracts Board regarding the proposed Quality Contracts Scheme for buses in Tyne and Wear. 

  • Airline Payment Surcharges(QBD, 2012)

    Advised the OFT in pre-litigation relating to the OFT’s crack down on airlines applying payment surcharges for standard modes of payment.   The case raised significant questions under the relevant EU consumer Directives and instruments (with Tom de la Mare QC).

  • Legislative Implications of Technical Standards Directive(2010)

    Advised in relation to the legislative implications of the Technical Standards Directive in the domestic context (with David Pannick QC and Tom de la Mare).

  • London Living Wage(2009)

    Advised in relation to the competition law implications of the London Living Wage (with Tom de la Mare QC).

  • Communications Sector Anti-Trust Action(Chancery Division, 2009)

    Advised in relation to a major potential group anti-trust action and in the communications sector (with Tom de la Mare).

Shortlist

EU Law

Naina has significant experience of EU law, in particular the post-Brexit landscape. She has advised and represented clients on complex issues relating to the European Union (Withdrawal) Act 2018, the Retained EU Law (Revocation and Reform) Act 2023 and the Northern Ireland Protocol.

Cases

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  • Renault SA & Ors v DENSO Corporation & OrsSettled (2022)

    Represented members of the Renault Group in a hybrid follow-on and stand-alone damages claim brought in the High Court against members of the DENSO Group following a European Commission Decision in respect of a thermal systems cartel.  Made the first application for early specific disclosure (before issue but before service of the claim) in this type of cartel damages claim.

  • Jaguar Land Rover Ltd & Ors v NSK Ltd & OrsSettled (2021)

    Represented members of the Jaguar Land Rover Group in a follow-on damages claim brought in the High Court against various manufacturers of automotive bearings following a European Commission Decision about a bearings cartel.

  • R (Heathrow Airport) Limited & Ors v Her Majesty’s Treasury & Anor[2021] EWCA Civ 783

    Acted for Her Majesty's Treasury and Revenue in Customs in this judicial review of a decision to abolish the abolition of the VAT Retail Export Scheme in Great Britain and the extra-statutory concession for airside shopping in the United Kingdom following the exit of the UK from the EU.  One of The Lawyer’s Top 20 Cases of 2021, the case was the first to consider the justiciability of WTO law domestically post-Brexit .

  • Peugeot Citroen Automobiles SA and others v NSK Ltd & Ors(CAT, 2017)

    Represented the Claimants in this cartel damages action arising out of the European Commission's Bearings decision (CAT).  Settled shortly before trial.

  • Airline Payment Surcharges(QBD, 2012)

    Advised the OFT in pre-litigation relating to the OFT’s crack down on airlines applying payment surcharges for standard modes of payment.   The case raised significant questions under the relevant EU consumer Directives and instruments (with Tom de la Mare QC).

  • Legislative Implications of Technical Standards Directive(2010)

    Advised in relation to the legislative implications of the Technical Standards Directive in the domestic context (with David Pannick QC and Tom de la Mare).

Shortlist

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.  

Cases

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  • Smith v Blackhouse[2023] EWCA Civ 874

    Acted as Advocate to the Court at this hearing which considered the circumstances in which the court can refuse to accept undertakings which a defendant has agreed to provide to the court as part of accepting a Part 36 offer made by the claimant. The Court gave guidance which included that the court could decline to accept undertakings even if they formed part of a settlement agreement but in limited circumstances which did not arise in this case.

  • Various claimants v [Natural resources company](ongoing)

    Acting for the claimants in a civil claim against a natural resources company, in respect of serious assaults allegedly perpetrated by security personnel (with Tim Otty KC).

  • Renault SA & Ors v DENSO Corporation & OrsSettled (2022)

    Represented members of the Renault Group in a hybrid follow-on and stand-alone damages claim brought in the High Court against members of the DENSO Group following a European Commission Decision in respect of a thermal systems cartel.  Made the first application for early specific disclosure (before issue but before service of the claim) in this type of cartel damages claim.

  • Maduro Board of the Central Bank of Venezuela v Guaidó Board of the Central Bank of Venezuela[2021] UKSC 57

    Acted for the Maduro Board in this important judgment on head of state recognition and foreign act of state in the ongoing battle for control over Venezuelan gold reserves worth nearly $2 billion and held at the Bank of England (with Jeffrey Jowell QC and Nick Vineall QC).

  • London Steam-Ship Mutual Insurance Association v The Kingdom of Spain[2021] EWHC 1247 (Comm)

    Successfully represented the Kingdom of Spain in this appeal against the registration of a Spanish judgment, raising the issue of whether alleged breaches of ECHR or ICCPR rights can constitute a manifest breach of English public policy (with Timothy Young QC).  

  • In the Matter of a Utility Company and its Supply Obligations2021

    Advised a multinational energy company in respect of various competition and insolvency issues, routes for exiting a gas or electricity supply licence and the Suppler of Last Resort process. 

  • In the Matter of the Electricity Act 19892021

    Advised a multinational energy company in respect of various definitions in the Electricity Act 1989 and their application in the context of offshore and onshore transmission systems respectively.

  • Jaguar Land Rover Ltd & Ors v NSK Ltd & OrsSettled (2021)

    Represented members of the Jaguar Land Rover Group in a follow-on damages claim brought in the High Court against various manufacturers of automotive bearings following a European Commission Decision about a bearings cartel.

  • Delta Petroleum (Caribbean) Ltd v British Virgin Islands Electricity Corporation[2020] UKPC 23

    Successfully acted for the Appellant in this appeal concerning the proper interpretation of an agreement for the exclusive supply of fuel and the application of the doctrine of waiver by election.  The judgment is of particular significance to the law on remedies for final orders for specific performance which are found on appeal to have been wrongly made.

  • Qatar Financial Centre Regulatory Authority v First Abu Dhabi Bank P.J.S.C.[2020] QIC (A) 2

    Acted for the QFC in this first-of-its-kind application to enforce the financial penalty stipulated in one of its Decision Notices against the First Abu Dhabi Bank PJSC.  The application involved questions relating to service in the context of the diplomatic blockade of Qatar by the UAE and the test the Court should apply to deciding whether to permit enforcement of the QFC's Decision Notice (with Ben Jaffey QC).

  • An Individual v A Bank(County Court, 2018)

    Represented a bank in this discrimination claim brought by an individual relating to the cessation of banking services.

  • Certain Underwriters at Lloyds & Ors v Syria & Ors[2018] EWHC 385 (Comm)

    Successfully sued on USD50 million United States judgment for losses from terrorist destruction of aircraft in a claim raising issues of service absent diplomatic relations, state immunity, submission to the jurisdiction and frozen assets (with Tim Otty QC).

  • Commissioner of Customs v Delta Petroleum (Caribbean) Ltd[2016] UKPC 27

    Successfully acted for the Respondent in this appeal against the decision of the Eastern Caribbean Court of Appeal (British Virgin Islands) that the Commissioner's seizure of Delta's fuel storage tank and its contents was unlawful, the fuel not having been liable to forfeiture under the Customs Management and Duties Act No 6 of 2010.

  • In the Matter of a Chemicals Project(2015)

    Advised a state corporation in relation to possible inter-state claims and claims under a Bilateral Investment Treaty relating to a failed joint venture with companies in another state (with Michael Beloff QC).

  • Martin Coward v Elena Ambrosiadou, IKOS AM, and Kroll(QBD, 2014)

    Acted for the Claimant in these claims by a hedge-fund billionaire against his former business partner (and estranged wife) concerning allegedly illegal surveillance commissioned by her, raising issues of privacy/Article 8 and privilege in relation to the products of the surveillance (with Michael Bloch QC).

  • Otkritie and Others v Urumov & Ors[2014] EWHC 191 (Comm)

    Acted for a Defendant in this high value claim involving allegations of fraud, breach of fiduciary duty, knowing receipt and dishonest assistance (with Tom Weisselberg QC).

  • Ablyazov v JSC BTA Bank(Commercial Court, 2013)

    Assisted the Defendants in relation to Mr Ablyazov’s appeal against the debarral of his defence to civil proceedings following a failure to comply with a surrender order and disclosure order following his failure to attend Court following his committal for contempt and his breach of a freezing injunction respectively.

  • Victor Topa and Anor v Nostix Corporation LLP & Ors(Commercial Court, 2012)

    Acted in this claim for Norwich Pharmacal and related relief against a number of shell companies involved in an alleged international securities fraud perpetrated through or with the complicity of the Moldovan Courts and other justice institutions (with Tony Peto QC).

  • R (UKPN) v Gas and Electricity Markets Authority[2017] EWHC 1175 (Admin)

    Successfully acted for Scottish and Southern Electricity, a proposed third party to a judicial review of a determination by GEMA relating to charges payable by customers for connections to electricity distributors under the Electricity Act 1989.

Shortlist

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.

Cases

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  • ARAP Relocation Litigation(ongoing)

    Representing six Afghans eligible for resettlement to the UK under the ‘ARAP’ scheme in urgent judicial review challenges to the UK Government’s policy of ceasing to use bridging hotels to accommodate such individuals on arrival in the UK, leading to thousands being stranded in third countries like Pakistan awaiting relocation, on expired Pakistani visas facing the threat of imminent deportation. The Government withdrew the challenged policy in October 2023 (with Tom Hickman KC).

  • Krzysztofik v SSHD(judgment awaited)

    Acting for the Independent Monitoring Authority intervening in this judicial review challenge to the Secretary of State’s delay in determining the claimant’s application for “settled status” under the EU Settlement Scheme and the related policy of pausing decision-making on certain such applications where there is a pending prosecution.

  • KK (Sri Lanka) and RS (Sri Lanka) v SSHD[2021] UKUT 130 (IAC)

    Represented the Secretary of State leading a team of three Counsel in this country guidance case considering risk on return to Sri Lanka arising from sur place activities.

  • R (JCWI) v President of the UT(IAC)[2020] EWHC 3103 (Admin); [2020] EWHC 2056 (Admin)

    Successfully represented the Claimant charity in its challenge to the lawfulness of Guidance by which the norm of oral appeal hearings was replaced with a default of paper determinations of statutory asylum and immigration appeals during the Covid-19 pandemic. The President has, in response to the judgment, withdrawn the unlawful guidance.  (With Charlotte Kilroy QC and Rachel Jones).

  • EK v Home Office[2019] EWHC 1535 (QB) and ongoing (High Court)

    Representing the Claimant in this Article 4 ECHR claim for damages for breach of the protective obligation to protect against trafficking and forced labour by virtue of entry clearance procedures in place and properly operated. Successfully defended strike out application.

  • SA (Iran) v SSHD[2018] EWCA Civ 3134

    Successfully represented the Respondent in this second appeal against an entry clearance decision relating to a minor seeking to join his mother on the basis of an error concerning serious and compelling circumstances. 

  • WA v Home Office[2017] EWHC 3503 (QB)

    Acted for the Claimant in this Article 4 ECHR claim for damages for breaches of the protective obligation to protect against trafficking and forced labour by virtue of operating the join ship visa scheme.

  • Corbiere v Xu[2017] EWHC 3364 (Admin)

    Acted for the Claimant company in this judicial review and related applications [2017] EWHC 255 (Admin) and [2017] EWHC 2482 (Admin) challenging various decisions of the SSHD and SSJ relating to a foreign criminal convicted of stealing their confidential investment strategies, including his proposed deportation to China where there was a real risk of his being reunited with the fruits of his crime.

  • R (Qarani) v SSHD[2017] EWHC 507 (Admin)

    Successfully represented the Claimant in this complex unlawful detention claim where, following 3 interlocutory hearings, the Claimant was released on bail pending the expedited hearing of his claim for judicial review.  

  • FS (Albania) v SSHD(Court of Appeal, 2016)

    Successfully acted for the Appellant in this claim concerning the demands of procedural fairness in an interview with a victim of human trafficking.

  • R (Jayeola) v SSHD[2016] EWHC 2335 (Admin)

    Represented the Secretary of State in this unlawful detention claim where the Court accepted the submission that the Secretary of State was entitled to a period of time to consider a change of circumstances and decide whether to release.

  • SSHD v GediAA/02649/2015

    Successfully acted for the successful Respondent in this case concerning whether the Secretary of State's use of a second deportation order to deport following a successful appeal against a first order constituted an abuse of process.

  • ID Deria (Somalia) v SSHD(Court of Appeal, 2014)

    Successfully acted for the Respondent in this contested application for permission to appeal to the Court of Appeal raising issues as to the status of an undertaking given by a Home Office Presenting Officer to the Tribunal regarding route of return and whether a Tribunal is entitled to decide the question of Article 3 ECHR risk on return by reference to events eg. documentation of an individual which has not yet taken place.

  • Tawakoli v SSHDJR/2090/2013

    Successfully acted for the Defendant in this judicial review of the refusal to treat further submissions as a fresh claim in the context of a Claimant who raised Article 3 and Article 8 ECHR issues arising from his claimed Christianity and his return to Afghanistan – where the Claimant had been returned and he sought to rely on evidence consequential upon his return.

  • R (Kamara) v SSHD[2013] EWHC 959 (Admin)

    Successfully acted for the Claimant in this judicial review of the unlawfulness of his detention given the improbability of obtaining an Emergency Travel Document within any reasonable period of time.

  • RT (Zimbabwe) & Ors v SSHD; KM (Zimbabwe) v SSHD[2012] UKSC 38; [2013] 1 AC 152

    Acted for UNHCR in this case concerning the application of HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31 to cases concerning imputed political opinion, where individuals are politically apathetic but be persecuted for being perceived to be politically opposed to a particular regime (with Michael Fordham QC).

  • HJ (Iran) v SSHD; HT (Cameroon) v SSHD[2010] UKSC 31; [2011] 1 AC 596

    Successfully represented UNHCR in this landmark case on the rights of gay asylum seekers where the Supreme Court held that such individuals could not be expected to seek to protect themselves from persecution in their home country by concealing sexual identity (with Michael Fordham QC)

  • Advising the Immigration Law Practitioner's Association(2009)

    Advised the Immigration Law Practitioner’s Association on the legality of performance standards introduced by the Legal Services Commission for franchised immigration and asylum solicitors in the context of the Government’s detained fast-track scheme (with Michael Fordham QC).

Shortlist

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.

Cases

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  • SD v SA(ET, 2019)

    Acting for the Claimant in this 6 day hearing of a claim for discrimination, harassment and constructive dismissal against her former employer.

  • Argus v Halim[2019] EWHC 42 (QB)

    Acted for an individual in this High Court speedy trial of a claim brought by his ex-employer alleging breaches of restrictive covenants and misuse of confidential information

  • An Individual v A PLC(ET, 2018)

    Acting for the Respondent PLC in this claim regarding alleged post-termination of employment sexual harassment of an employee.

  • Clark v Department for Work and PensionsET, 2017

    Acted for the Respondent department in this claim for age and disability discrimination raising issues regarding the alleged discriminatory impact of aspects of the civil service pension scheme.

  • An Individual v A Private Bank(ET, 2016)

    Acted for the Bank in this whistle-blowing claim regarding alleged breaches of the FCA Handbook.  Settled.

  • Beaumont v Costco Wholesale UK Ltd(ET, 2016)

    Acted for the Claimant in this claim for unfair dismissal concerning when public reporting of a conviction brings an employer into disrepute.

  • R (MF) v SSHD(High Court, 2016)

    Successfully acted for the Defendant in this challenge to a decision of the Service Complaints Panel to discharge an individual from service, permission being refused on the papers.

  • Tariq v Home Office[2011] UKSC 35; [2012] 1 AC 452

    Acted for JUSTICE/Liberty in this appeal regarding the compatibility of the closed material in employment proceedings with Article 6 ECHR and EU law, brought on the context of a claim for racial and religious discrimination (with John Howell QC).

  • Burke v (1) College of Law & (2) The Law Society(ET, 2010)

    Successfully represented the Second Respondent at a three-day hearing of claims as to a failure to make reasonable adjustments in the arrangements for sitting the Legal Practice Course.

Shortlist

Sanctions

Naina is experienced in bringing both commercial and public law claims relating to sanctions. This includes experience of asset freezing and export controls in a variety of country contexts. Naina also has significant experience of the new UK sanctions regime and has advised the Foreign, Commonwealth and Development Office and HM Treasury on various issues arising under it.

Cases

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  • LCC Synesis v Secretary of State for Foreign, Commonwealth and Development Affairs[2023] EWHC 541 (Admin)

    Represented the Secretary of State in relation to what became the first reported challenge to a designation under the Sanctions and Anti-Money Laundering Act 2018, here in relation to the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019.

  • Certain Underwriters at Lloyds & Ors v Syria & Ors[2018] EWHC 385 (Comm)

    Successfully sued on USD50 million United States judgment for losses from terrorist destruction of aircraft in a claim raising issues of service absent diplomatic relations, state immunity, submission to the jurisdiction and frozen assets (with Tim Otty QC).

  • R (AM) v Department for International Trade(High Court, 2016-2017)

    Acted for Allam Marine in this challenge to the decision to refuse an export licence for the export of industrial generators to the UAE.

Shortlist

Rule of Law & ITD

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.

Naina is also familiar with international trade law, having advised Governments and corporations on WTO-related issues, and investment treaty arbitration, both ICSID and UNICTRAL.

Cases

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  • Ukraine v RussiaOngoing

    Acting pro bono on behalf of Ukraine in the inter-state case Ukraine v Russia (Application 11055/22) concerning the Ukrainian Government’s allegations of “human rights violations committed by the Russian Federation in its military operations on the territory of Ukraine since 24 February 2022” (with Tim Otty QC). 

  • Maduro Board of the Central Bank of Venezuela v Guaidó Board of the Central Bank of Venezuela[2021] UKSC 57

    Acted for the Maduro Board in this important judgment on head of state recognition and foreign act of state in the ongoing battle for control over Venezuelan gold reserves worth nearly $2 billion and held at the Bank of England (with Jeffrey Jowell QC and Nick Vineall QC).

  • In the Matter of a WTO-Related Dispute(2019)

    Advised a government in relation to a WTO-related dispute raising complex issues concerning the interplay between domestic and international law in the context of international trade.

  • In the Matter of a Public Register of Beneficial Interests(2018)

    Advised the Government of the Cayman Islands on the lawfulness of the Order in Council proposed under the Sanctions and Anti-Money Laundering Act 2018 to introduce public registers of beneficial interests in the jurisdiction (with Lord Pannick QC and Sir Jeffrey Jowell QC).

  • Models of Sustainable and Scalable Basic Legal Services(2015)

    Advising OSF on available models of sustainable and scalable basic legal service provision for the developing world, giving particular thought to cost, financing options and political economy considerations.

  • In the Matter of a Chemicals Project(2015)

    Advised a state corporation in relation to possible inter-state claims and claims under a Bilateral Investment Treaty relating to a failed joint venture with companies in another state (with Michael Beloff QC).

  • Measuring Policy on Access to Justice and Taxation in the UK(2015)

    Advised OSF on approaches to measuring access to justice and taxation employed in the UK for guidance on approaches to measuring progress against the new Global Goals.

  • UK Legal and Judicial Expertise Programme(2014)

    Advised DFID on the design of its new programme designed to harness the provision of pro bono legal and judicial expertise to assist with rule of law assistance in development programming around the world.

  • Constitutional Options for Myanmar(2013-2014)

    Provided support to the Myanmar national consultation process on the Constitution of the Republic of the Union of Myanmar 2008 through a Constitutional Bus Tour that travelled the country raising awareness of the current Constitution and assisting individuals who wished to submit recommendations to the Joint Committee for Reviewing the Constitution.  Also provided technical assistance to Parliamentarians as they considered and debated amendments (with Professor Sir Jeffrey Jowell QC).

  • Legal Barriers to Women’s Credit(2013)

    Advised the EBRD on legal barriers to women’s access to credit in both Morocco and the Kyrgyz Republic.

  • Rule of Law Adviser, DFID(2013)

    Advised DFID on a new rule of law policy and programming options in light of the Prime Minister’s “golden thread” agenda.

  • Constitutional Options for the New Libya(2012)

    Advised the Libyan Progress Initiative on constitutional options for the new Libya (with Professor Sir Jeffrey Jowell QC).

  • Senior Justice Adviser, Provincial Reconstruction Team, Helmand, Afghanistan(2010-2011)

    Spent a sabbatical year leading justice sector reform in Helmand province, including conducting trial observations, mentoring prosecutors and civil mediators and capacity-building local NGOs.

Shortlist

Foreign & Defence Policy

Naina has extensive experience in litigation involving foreign and defence policy.  She has acted in 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.

Cases

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  • A Challenge to Aid Funding(2021)

    Acted for various government departments in this challenge to the use of UK aid to fund assistance to a certain country in circumstances in which it was alleged the government known or should have known that such assistance would be used to commit or contribute to serious violations of human rights.

  • In the Matter of the Migration Crisis(2019)

    Advised several government departments in relation to a high profile threatened challenge concerning one of their responses to the migration crisis.

  • Qureshi v (1) ICO and (2) FCOEA/2018/0119

    Successfully represented the FCO in this appeal against the ICO's determination of a FOIA appeal concerning documentation relating to an attempted aircraft bombing in 1986. 

  • R (MF) v SSHD(High Court, 2016)

    Successfully acted for the Defendant in this challenge to a decision of the Service Complaints Panel to discharge an individual from service, permission being refused on the papers.

  • X, Y and Z[2016] EWHC 2400 (Fam)

    Acted for the Metropolitan Police at a number of preliminary hearings leading up to the fact finding hearing in these care order proceedings concerning a child allegedly poisoned and/or infection and at risk of being taken to Syria.



  • R (O) v DFID[2014] EWHC 2371 (Admin)

    Acted for the Department in this challenge to its process of assessing the Government of Ethiopia’s compliance with its Partnership Principles (in particular its commitment to respecting human rights and other international obligations) for the purposes of making continued aid disbursements to the country (with James Eadie QC).

  • Al Rawi & ors v SS, SIS & Ors[2011] UKSC 34; [2012] 1 AC 531

    Acted for JUSTICE/Liberty intervening in this appeal from [2010] EWCA Civ 482 and [2009] EWHC 2959 on the question of whether the Government may withhold sensitive evidence from several former victims of extraordinary rendition and torture in civil claims for damages but rely on that evidence in closed proceedings (with John Howell QC).  Acted for individual claimants below (with Michael Fordham QC).

  • R (Diedrick) v Chief Constable of Hampshire Police & Ors[2012] EWHC 2144 (Admin)

    Successfully acted for the Thames Valley Police in this challenge to the amendments to Code A of the PACE Code of Practice removing the requirement to monitor the ethnicity of a person subject to stop and search powers, successfully resisting the grant of permission.

Shortlist

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.

Cases

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  • Siham and Samia Boulbadaoui v Qatar Financial Centre Authority[2021] QIC (A) 7

    Acted for the QFCA in this appeal against Decision Notices which alleged contraventions by individuals employed by a QFC registered company which raised questions concerning the proper notification of decisions by the QFCA to individuals and the power of the Regulatory Tribunal to extend the time limit for an appeal.

  • Delta Petroleum (Caribbean) Ltd v British Virgin Islands Electricity Corporation[2020] UKPC 23

    Successfully acted for the Appellant in this appeal concerning the proper interpretation of an agreement for the exclusive supply of fuel and the application of the doctrine of waiver by election.  The judgment is of particular significance to the law on remedies for final orders for specific performance which are found on appeal to have been wrongly made.

  • In the Matter of a Public Register of Beneficial Interests(2018)

    Advised the Government of the Cayman Islands on the lawfulness of the Order in Council proposed under the Sanctions and Anti-Money Laundering Act 2018 to introduce public registers of beneficial interests in the jurisdiction (with Lord Pannick QC and Sir Jeffrey Jowell QC).

  • Commissioner of Customs v Delta Petroleum (Caribbean) Ltd[2016] UKPC 27

    Successfully acted for the Respondent in this appeal against the decision of the Eastern Caribbean Court of Appeal (British Virgin Islands) that the Commissioner's seizure of Delta's fuel storage tank and its contents was unlawful, the fuel not having been liable to forfeiture under the Customs Management and Duties Act No 6 of 2010.

  • R (Chief Justice of the Cayman Islands) v (1) Governor of the Cayman Islands & (2) Judicial and Legal Services Commission[2012] UKPC 39

    Successfully acted for the Governor of the Cayman Islands in this challenge to the constitutionality of various provisions of the Cayman Islands Constitution Order 2009 relating to judicial independence pursuant to section 4 of the Judicial Committee Act 1833 (with Lord Pannick QC and Professor Sir Jeffrey Jowell QC).

  • R (Hoffmann) v the Commissioner of Inquiry and the Governor of the Turks and Caicos Islands[2012] UKPC 17

    Acted for the Claimant in this vires and fairness challenge to the conduct of the Commission of Inquiry into corruption in the government and legislature of the Islands (with Lord Pannick QC and Javan Herberg QC).

Shortlist

Human Trafficking and Modern Slavery

Naina has experience of both judicial review claims concerning alleged victims of trafficking and civil claims for damages on behalf of those trafficked and forced into labour.  She is also familiar with the Modern Slavery Act 2015 and its implications for business.

Cases

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  • Various claimants v [Natural resources company](ongoing)

    Acting for the claimants in a civil claim against a natural resources company, in respect of serious assaults allegedly perpetrated by security personnel (with Tim Otty KC).

  • AAA & Ors v Petra Diamonds LtdSettled (2021)

    Acted on behalf of 71 claimants who allege that they suffered serious human rights abuses at the Williamson Diamond Mine in Tanzania.  Settlement followed the issue of claims in the High Court in London against Petra Diamonds Ltd and its majority-owned Tanzanian subsidiary, Williamson Diamonds Ltd (with Tim Otty QC).

  • R (JP) v SSHD[2020] 1 WLR 918

    Represented the claimants at an early stage in this challenge to the SSHD's failure to consider their eligibility for DLR as a victim of modern slavery before considering their protection claims and her policies on victims on modern slavery as failing to reflect the obligations imposed by the Anti-Trafficking Convention.

  • In the Matter of a Corporate Group(2019)

    Naina has advised a major corporate group as to its obligations under the Modern Slavery Act 2015, in particular in relation to a section 54 statement.

  • EK v Home Office[2019] EWHC 1535 (QB) and ongoing (High Court)

    Representing the Claimant in this Article 4 ECHR claim for damages for breach of the protective obligation to protect against trafficking and forced labour by virtue of entry clearance procedures in place and properly operated. Successfully defended strike out application.

  • WA v Home Office[2017] EWHC 3503 (QB)

    Acted for the Claimant in this Article 4 ECHR claim for damages for breaches of the protective obligation to protect against trafficking and forced labour by virtue of operating the join ship visa scheme.

Shortlist

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.

Cases

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  • R (G) v (1) Chief Constable of Surrey & (2) SSHD[2016] 4 WLR 94

    Acted for the Secretary of State in this challenge to the criminal records disclosure scheme on the grounds its alleged absence of procedural safeguards infringed Article 8 ECHR (with Kate Gallafent QC).

  • R (K) v SSHD(High Court, 2016)

    Acted for the Metropolitan Police, an interested party in this challenge to the decision to seize and cancel passports using powers under the Counter-Terrorism and Security Act 2015 and the royal prerogative.

  • X, Y and Z[2016] EWHC 2400 (Fam)

    Acted for the Metropolitan Police at a number of preliminary hearings leading up to the fact finding hearing in these care order proceedings concerning a child allegedly poisoned and/or infection and at risk of being taken to Syria.



Shortlist

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).

Cases

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  • SD v SA(ET, 2019)

    Acting for the Claimant in this 6 day hearing of a claim for discrimination, harassment and constructive dismissal against her former employer.

  • An Individual v A Bank(County Court, 2018)

    Represented a bank in this discrimination claim brought by an individual relating to the cessation of banking services.

  • R (Public Law Project) v SSJ[2016] UKSC 39 (Admin); [2016] AC 1531

    Successfully acted for PLP in this successful challenge to the proposed residence test for civil legal aid, set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2014.  The Supreme Court found that the test was ultra vires its authorising statute (with Michael Fordham QC and Ben Jaffey).

  • R (Jackley) v SSJ[2015] EWHC 1266 (Admin)

    Successfully represented the Defendant in this challenge to a new policy on temporary release for prisoners with an abscond history on grounds which included alleged indirect discrimination for prisoners suffering from certain disabilities.

  • R (Hodkin & Church of Scientology Religious Education College) v Registrar General[2013] UKSC 77; [2014] AC 610

    Successfully represented the Claimants in this in this leapfrog appeal from [2012] EWHC 3635 Admin, a challenge to the decision of the Registrar-General for Births, Deaths and Marriages not to register the London Scientology Chapel as a place of meeting for religious worship on grounds of unlawfulness and religious discrimination (with Lord Lester QC).

  • C v A Society(County Court, 2012)

    Acted for the Society in this challenge to its decision to cancel a room booking for an event on gay marriage on grounds it amounted to religious discrimination.  Settled.

  • Tariq v Home Office[2011] UKSC 35; [2012] 1 AC 452

    Acted for JUSTICE/Liberty in this appeal regarding the compatibility of the closed material in employment proceedings with Article 6 ECHR and EU law, brought on the context of a claim for racial and religious discrimination (with John Howell QC).

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

  • "Key Modern Slavery and Anti-Trafficking Cases of the Last 10 Years", Blackstone Chambers (2019)
  • "Islands of jurisdiction for competition damages claims in a post-Brexit world", Competition Bulletin, 22 November 2016
  • "Miller is Right", UK Constitutional Law Association Blog, 11 November 2016
  • "Developing a Portfolio of Financially Sustainable, Scalable, Basic Legal Service Models", Open Society Foundation and International Development Research Centre (2015)
  • “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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