Zia Nasim : Call - 2001
Summary:
Zia joins us with experience in many different fields but mainly specialises in Crime, Immigration, Extradition and Licensing.
Bar Scholarships:
Hardwicke Scholar and Award by the
Inn for Placement in Pakistan.
Educational Qualifications:
1999-2001 Inns
of Court School of Law (Bar Finals: Competent)
1996-1999 London
Guildhall University (LLB) OPTIONS: Public International
1990-1996 King
Fahad Academy (4 A-Levels) and (10 GCSE’s)
Other Experience:
Oct 2004 - To Date Legal Consultant in Overseas Department
at Government of Pakistan National Accountability Bureau, Islamabad Pakistan
Oct 2002 - April Pupillage
at Chambers of Michael Gledhill QC 2 Dyers Buildings, London (Pupil to
Andrew Jefferies and Lauren soertsz)
- Paralegal at Kingsley Napley Solicitors, 14 St Johns Lane, London EC1M 4AJ
- Legal Assistant at Quist Solicitors formerly Raja & Partners, Mayfair, London W1S 2QA
Areas of Experience:
Immigration:
All aspects of Immigration Law including judicial review, Counsel in reported case of CD v Secretary of State, A decision under section 10 of the Immigration and Asylum Act 1999 that involves the invalidation of any leave to enter or remain is to be treated for the purposes of the 2002 Act as a curtailment of that leave within section 82(2)(e), with the result that a person may appeal against that decision whilst he is in the United Kingdom, whether or not he has made an asylum claim or a human rights claim.
General Crime:
Has appeared both in Magistrates and Crown Courts on a regular basis undertaking
primarily defence work.
Regulatory Law and Licensing:
Has represented mini cab firms appealing against decisions made
by the Public Carriage Office and has acted for various restaurants
and BP Shops for licensing applications.
Extradition Law:
Has participated in various cases, which have been at the forefront
of major developments in Extradition Law. Is presently advising and
submitting a proposal for ad hoc extradition arranging between the
UK and Pakistan and have advised the Government of Pakistan National
Accountability Bureau on Individual extradition requests to USA and
UAE.
Disclosure and Article 5 of ECHR (ex parte Kashamu No. (1)): Closely
assisted with the conduct of this case and was given the task of assembling
important aspects of evidence and researching existing principles of
law, Which required revision in the light of the ECHR. The case met
with a successful outcome in the Divisional Court.
Abuse of Process and Jurisdiction (ex parte Kashamu No. (2) TLR 12-12-01): This case had two principal aspects. Firstly, whether there ought to be an abuse jurisdiction recognised by the courts (which until then did not exist in extradition proceedings). Secondly, whether in this particular case, the court having accepted jurisdiction, there were sufficient merits to make out an abuse of process by the government. Was given the responsibility of organising evidence to advance an argument that there had been an abuse of process.
In both these cases my work involved marshalling evidence gathered from various law enforcement agencies investigators and lawyers in different jurisdictions around the world.
Extra-territorial Jurisdiction and Admissibility of Anonymous Witness Testimony (Al-Fawwaz [2002] 2 WLR 101): In this case exposure focused on researching extensive and complex case law. The case concerned the US Embassy bombings in Nairobi and Dar-El Salam and the issue was whether our client was a ‘fugitive criminal’ and thus capable of being extradited to USA because of the extra-territorial nature of the crimes alleged against him. We succeeded on this point in the Divisional Court but the client’s appeal was dismissed by the House of Lords. The courts also reviewed the law pertaining to the admissibility of evidence from a confidential source.
Various other Extradition Cases: Experience was broad and covered a variety of extraditions (US, Europe & South Africa), where alleged fugitives were charged with serious crimes.
Commercial Law:
General Commercial: In this field, had the benefit of
working alongside a Senior Partner in a solicitors firm. Assisted
with the preparations of evidence to obtain a Freezing Order.
Also gained close insight into extensive negotiations in large
commercial cases and learned various tactical and procedural
skills. For example, in one case managed to secure a settlement
for £500,000 for the client. Prepared and made applications
in the High Court before Masters. Assisted with various interim
applications; variation of freezing order; complicated application
for specific disclosure; application to remove a party;
and applications in the companies’ court.
Defamation:
Was given exclusive conduct of a case, which required enquiring into the merits
of a potential claim for libel, arising from a publication on the Internet.
Following this, also took instructions and advised on a claim for libel against
INTERPOL, by a well-known dissident. This resulted in a favourable outcome
for the client.
Charity Law:
Have helped conduct cases mostly involving disputes in relation
to the control of a Mosque, by competing charities. In one case prepared
an application to strike out a claim in charity proceedings commenced
in the Chancery Division , in which the Attorney General was a party.
Secured a successful outcome. Also considered and advised on charity
schemes. Furthermore, also advised a charity during an inquiry conducted
by the Charity Commissioners under the Charities Act and prepared applications
for registration of charities.
Landlord and Tenant:
Most of the clients were tenants. Conducted litigation during
a renewal of a business tenancy and for breaches of covenants.
Criminal Injuries Compensation:
Have advised applications of their entitlement to compensation
under the schemes operated by the Criminal Injuries Compensation
Authority; this required researching case law and liaising with various
authorities. Also represented an application at an appeal to challenge
the award granted by the CICB. (Appeared before three Deputy High Court
Judges).
Internship at JUSTICE:
Public Authorities and Disclosure: Undertook an internship
at JUSTICE, during which, prepared a paper for a seminar on
the disclosure of information held by police authorities as
well as third parties. This involved compiling an overview
of domestic law (statutory and case law). Attended numerous
conferences organised by JUSTICE with leading Chambers regarding
the impact of the Humans Rights Act on domestic law.
Advocacy Skills and Mooting:
Advocacy experience comprises appearing before; Magistrates Courts;
Crown Courts; Employment Tribunal; an appeal panel (CICA); a variety
of applications before High Courts Masters; dealing with applications
and final hearings in the small claims court; making applications to
District Judges in County Courts; Applications before the District Judge
at Bow Street Magistrates Court in extradition cases. Whilst in Pakistan,
participated in various seminars on corruption in Pakistan and the UN
Convention against Corruption.
Drafting Skills:
In this regard, gained good experience in drafting advices on evidence; appeals against conviction and sentence; defence case statements; skeleton arguments; abuse of process applications; witness statements; letters offering settlement terms in commercial cases; written representations to the Secretary of State in extradition cases; applications in the High Court; and routine correspondence in various litigation cases.
Negotiating Skills:
Attended settlement meetings, which ran overnight on occasions
and where opponents were present with Counsel. Was part of the negotiating
team with the senior partner of a solicitors firm and not a mere observer.
Affiliations:
Administrative Law Bar Association (ALBA); British Pakistan Law
Counsel; JUSTICE and also a Trustee of an Educational and Cultural Charity
in Brent.
Languages:
Urdu (fluent), Hindu (fluent), Punjabi (fluent) and French (basic knowledge)