Jurisdiction: domicile of choice.

Transcription

1 Samantha has a wide-ranging commercial practice. Samantha is currently acting for Vincent Tchenguiz in proceedings brought by him against Grant Thornton and other entities in relation to a challenge to jurisdiction involving aspects of insolvency and EU law. She has recently been instructed in a number of complex international group claims including a claim by Tanzanian villagers against a gold mine for foreign law torts relating to injuries and deaths at the mine, and a claim by Cambodian villagers against a sugar company in conversion, unjust enrichment and knowing receipt. She has experience of arbitrations including a complex ICC arbitration under Kazakh law; proceeds of crime, insolvency (previously a member of South Square ), and large multi-national disputes involving complex issues of fact and law. (Comm) Challenge to jurisdiction: insolvency and EU law. 15, QBD , Jurisdiction: domicile of choice. (Commercial) Jurisdiction: domicile of company. Proceeds of crime and request for assistance from Iranian Court. Samantha's work has encompassed a number of cases involving EU law in particular in the sphere of commercial/insolvency law and also in relation to refugee and immigration law. Samantha is currently acting for Vincent

2 HERES WHAT THEY SAY: Tchenguiz in proceedings brought by him against Grant Thornton and other entities in relation to a challenge to jurisdiction involving aspects of insolvency and EU law. She has previously acted and advised in a number of cases involving the EC Regulation on Insolvency Proceedings. She has been involved in a number of cases before the Court of Appeal, Supreme Court and the CJEU which have raised issues of fundamental rights und the EU Charter and provisions of EU Regulations and Directives. Challenge to jurisdiction: insolvency and EU law. Case concerning Dublin II transfers to Greece and first case before CJEU to consider the meaning of the right to asylum recognised in Art 18 of the EU Charter. Test case on the interpretation of Art 15c of the Qualification Directive and protection for individuals seeking protection from situations of armed conflict. Samantha has a strong human rights related practice including cases involving refugee and immigration law; public law (protest and prison law cases), commercial law (freezing injunctions and property rights); fair trial and privacy issues in relation to compulsory investigatory powers of public bodies; and cases involving issues relating to national security and terrorism. Much of her human rights work has an international focus including a number of cases arising from the conflicts in Iraq and Afghanistan. She is currently instructed in cases against the MOD and FCO relating to intelligence agents in Afghanistan and also on behalf of a former reservist who was deployed in Afghanistan. She has had cases before the CJEU and the ECtHR. She has a particular interest and experience in cases involving freedom of religion. Case concerning protection of Afghan agents by British under Case concerning law banning tents and structures in Parliament Square and compatibility with Articles 10 and 11 ECHR. case concerning detention of a female juvenile in an adult prison and compatibility with Articles 5 and 14 ECHR. Case involving breach of procedural obligation under Art 3 ECHR to carry out independent investigation into disturbance at Harmondsworth (on appeal to ECtHR). Deportation of foreign national and proportionality test under Article 8 ECHR. Prosecution of rabbi in charge of synagogue and Jewish school for noise nuisance, raising issue of Article 9 ECHR. 2

3 Samantha regularly represents clients before the tribunals and higher courts. Her cases involve all aspects of immigration and asylum law but with particular emphasis on refugee and subsidiary protection, deportation, deprivation of nationality and entry clearance. She is a member of UNHCR s pro bono panel and has been instructed a large number of path breaking cases before the Court of Appeal and Supreme Court including in relation to exclusion from refugee protection and cases concerning the transfer of asylum seekers to other EU countries under Dublin II Regulation. She was also involved in the test case on humanitarian protection under Article 15c of the EC Qualification Directive and related cases. Application for a review of the decisions by the SSHD to exclude the applicants from the UK. Test case on whether expiation relevant to the exclusion from Refugee Convention under Art 1F(b). First case before UKSC to consider exclusion from protection under Art 1F(c) of the Refugee Convention. Case concerning Dublin II transfers to Greece and first case before CJEU to consider the meaning of the right to asylum recognised in Art 18 of the EU Charter. Deportation of a Russian national on grounds of national security and first case before SIAC to concern espionage. Unlawful detention of family and concerning provision of malarial prophylaxis. Test case on the interpretation of Art 15c of the Qualification Directive and protection for individuals seeking protection from situations of armed conflict. Much of Samantha s work involves cases with an international dimension including group litigation claims under foreign and English law, a number of cases arising from the conflicts in Iraq and Afghanistan, and complex multinational commercial cases. Samantha has also been involved in in a wide range of cases before foreign courts - including the Russian Federation, the US and in Bermuda. On behalf of the Bar Human Rights Committee, Samantha was involved in the filing of an amicus brief before the US Supreme Court in a case involving trial by military tribunal and issues of habeas corpus. She also has expertise in relation to the law on mutual assistance and in particular under the proceeds of crime legislation. 15., QBD , Comm Court,

4 Case concerning protection of Afghan agents by British under Jurisdiction: domicile of company. Proceeds of crime and request for assistance from Iranian Court. Bermuda High Court ( ). Samantha has a broad public law practice including immigration, nationality and prison law. A large number of her cases raise fundamental rights and concern important and path breaking issues of law. She is currently representing Mr Al Jedda in his challenge to the deprivation of British nationality. She is also instructed in a challenge by three Afghan nationals against the FCO and MOD arising from their work as intelligence agents in Afghanistan. She previously acted in Gallastegui a case concerning the right to protest in Parliament Square before the Court of Appeal; and in a test case concerning the detention of female juvenile offenders in Jersey in adult prison. She has acted on behalf of interveners in a number of cases before the Court of Appeal, House of Lords and Supreme Courts including in relation to challenges to legal aid, the interpretation of a public authority in the Human Rights Act 1998 and in relation to the Refugee Convention. aid. Case involving refugee family reunion and scope of legal Case concerning protection of Afghan agents by British under Case concerning law banning tents and structures in Parliament Square and compatibility with Articles 10 and 11 ECHR. case concerning detention of a female juvenile in an adult prison and compatibility with Articles 5 and 14 ECHR. First case before UKSC to consider exclusion from protection under Art 1F(c) of the Refugee Convention. Case involving breach of procedural obligation under Art 3 ECHR to carry out independent investigation into disturbance at Harmondsworth (on appeal to ECtHR). authority' under the HRA Definition of 'public Samantha is currently chair of the International Steering Committee of the European Human Rights Advocacy Centre. EHRAC assists individuals, 4

5 lawyers and NGOs within the Russian Federation in taking cases to the ECtHR. She has worked as a consultant on numerous international projects on behalf of the Bar Human Rights Committee of England and Wales including an FCO funded rule of law project in Afghanistan She is a member of the panel appointed by Middlesex University and the Metropolitan Police to review the use of s 60 stop and search powers. She represents UNHCR in strategic litigation challenges before the higher courts in England and Wales as part of its pro bono counsel panel. Freedom of Religion, Minorities and the Law (OUP, 2007). Human Rights Practice (ed. J Simor) (author of chapter on Article 9 ECHR). LLM (Human Rights), London School of Economics Diploma in Law, City University BA Hons (Modern History), Oxford University Bar Human Rights Committee of England and Wales. Immigration Law Practitioners Association. French (working knowledge). German, Portuguese, Russian (basic). 5