Najma Rasul

Consultant Senior Solicitor

E: najma@matthewgold.co.uk

Najma joined Mathew Gold in December 2017 as a consultant. She was previously employed as an Associate for a leading human rights law firm.

Najma has extensive experience in bringing multi-party and individual civil claims against the police and the other public bodies, such as the Home Office for false imprisonment, assault and battery, malicious prosecution, misfeasance in public office, negligence, discrimination and breaches of the Data Protection Act and the Human Rights Act. She also has experience in public law, inquests, and public Inquiries.

Some of Najma’s high profile cases involve litigation arising from the discovery of Mark Kennedy an undercover cop who had infiltrated protest groups and engaged in unlawful sexual relationships with female protestors; Hillsborough inquest, which was one of the country’s longest running, complex and high profile inquest in recent history; She won a landmark case against the Metropolitan Police Service for the indefinite retention of custody photographs for those who had been arrested but not charged or prosecuted. This resulted in changes to both Government policy and police powers nationally and locally; more recently she was involved in representing bereaved families and survivors from the Grenfell Tower fire on matters relating to the public inquiry and the adequacy of the criminal investigation.

Najma has successfully challenged decisions by way of judicial review proceedings against the Independent Police Complaints Commission, the Coroner’s Courts, and the Parole Board.

Najma has also successfully represented bereaved families in respect of inquests into deaths in police and prison custody and work place deaths. She has been involved in a number of successful health and safety and corporate manslaughter prosecutions against companies and individual directors in respect of work place deaths.

Najma has an interest in policing practices around terrorism, privacy, domestic violence, abuse and domestic homicide.

Najma joined Mathew Gold as a consultant in December 2017.

Prior to joining Mathew Gold, Najma was an Associate at Bindmans LLP in the Actions Against the Police and State Bodies Department.  She worked at Bindmans LLP for approximately 10 years and was involved in various high profile and complex police law, public law, terrorism, inquest and public inquiry cases (Dec 2007 – Oct 2017).

Najma established and developed the Prison Law Department at a leading firm in the North before moving to London and joining Bindmans LLP in December 2007 (March 2006 – Dec 2007).

Najma qualified as a solicitor at Bhatt Murphy Solicitors in March 2006. She remained at the firm for a short time thereafter as a solicitor (Sept 2004 – Sept 2006).

Before qualifying as a solicitor, Najma worked as a senior caseworker at a national voluntary orgainsation called the Centre for Corporate Accountability. She advised and represented injured workers and families bereaved from work-related deaths on investigation and prosecution issues. She was also involved in drafting policy documents on issues relating to health and safety, corporate manslaughter and directors liabilities; and campaigning to improve worker safety work and holding companies and directors to account (2002 – 2004). http://www.corporateaccountability.org.uk/

Citizens Advice Bureau, Chapeltown, Leeds –  NHS Complaint advisor (2001)

Harehills and Chapeltown Law Centre, Leeds – immigration and housing caseworker (2000)

Professional Roles

Najma was a Director on the Board at the Centre for Corporate Accountability – 2004 – March 2009

Najma was a Director on the Board at Womens’ Aid, Leeds in 2000 – 2002

Professional Membership

Najma is a member of the Law Society; Inquest Lawyers Group; the Human Rights Lawyers Association; the Police Action Lawyers Group; and Liberty.

Legal Directories

Najma is ranked in Chambers and Partners, Band 3 Police Law mainly Claimant. She is described as The “brilliant” Najma Rasul is “passionate about achieving justice, and not just settling a claim.” As well as being involved with the civil actions that have arisen from the aftermath of the Mark Kennedy events, she has been involved with an important test case challenging the indefinite retention of police photographs” (2013).

Najma was previously ranked as ‘one to watch’. It stated that “Najma is known for her creative and meticulous approach to litigation……Sources identify Najma Rasul as an “inspiration” for her dedication and hard work. She is best known for her work in G20 protest-related litigation” (2012).

Awards

Najma represented the family of John McBrien who was only 18 when he died in the Hillsborough disaster.

Najma was part of the Bindmans Hillsborough Legal Team, along with 11 other legal teams, they were jointly awarded the following awards:

  • ‘Outstanding Achievement Award’ at the Modern Claims Awards 2017. They were recognised for exceptional contribution in helping the families of Hillsborough victims obtain justice and truth about the 1989 tragedy. (The Modern Claims Awards entered its third year and were launched to celebrate cross-industry talent and success. The winners of these awards were chosen by a diverse range of Judges, who represent each and every aspect of the claims industry).
  • ‘Outstanding Achievement Award’ at the Legal Aid Lawyer of the Year awards 2016. This is the first time the LALY judges have chosen to recognise so many separate organisations in a single award category, reflecting the extraordinary nature of the case and the phenomenal work of all legal teams involved.

In 2009, Najma was also featured as the Law Society Gazette “Lawyer in the News” on 3 December 2009 for her work on litigation arising from the G20 protests, where protestors were kettled and assaulted by police officers.

Published Article: Najma co-wrote an article on surveillance which was published in the Solicitors Journal on issues relating to the indefinite retention of custody photographs by the police: Battling the surveillance state (Solicitors Journal, 3 July 2012)

Areas of specialism

  • Civil actions against the police and other state bodies
  • Judicial review claims
  • Inquests
  • Public Inquiries
  • Police complaints
  • Assault and battery
  • Wrongful arrest/ false imprisonment
  • Malicious prosecution
  • Misfeasance in public office
  • Negligence
  • Trespass
  • Claims under the Human Rights Act
  • Privacy claims
  • Discrimination claims
  • Right to protest
  • Failure to investigate criminal behaviour adequately
  • Domestic homicides

Najma’s notable cases include:

Public Inquiry into the Grenfell Tower Fire:

Najma represented several families bereaved from the Grenfell Tower fire, who lost loved ones in the tragic incident in relation to the Grenfell Tower Public inquiry and the adequacy of the police investigation.

Hillsborough Inquest:

Najma represented Joan Hope and her family in connection with the death of her 18 year old son, John McBrien who was one of the 96 people who died during a crush at the Hillsborough Stadium, Sheffield on 15th April 1989 during the FA cup semi final between Liverpool and Nottingham Forest. The Inquest started on 31st March 2014 and finished in 26 April 2016. It was the longest running inquest in English legal history and found that the supporters were unlawfully killed due to grossly negligent failures by police and ambulance services to fulfil their duty of care to the supporters. The inquest also found that the design of the stadium contributed to the crush, and that supporters were not to blame for the dangerous conditions.

https://hillsboroughinquests.independent.gov.uk/about-the-inquests/

http://www.bbc.co.uk/news/uk-wales-north-east-wales-36143518

https://www.dailypost.co.uk/news/north-wales-news/flintshire-mum-hillsborough-victim-says-11247283

https://www.dailypost.co.uk/news/north-wales-news/holywell-mum-welcomes-move-fresh-2648832

Undercover cop cases:

Najma represented various protestors in civil claims arising from the discovery that Mark Kennedy and other undercover cops had infiltrated protest groups around the country and had engaged in unlawful sexual relationships with protestors.

https://en.wikipedia.org/wiki/Mark_Kennedy_(police_officer)

https://www.theguardian.com/environment/2011/mar/26/mark-kennedy-undercover-cop-environmental-activist

https://www.telegraph.co.uk/news/earth/earthnews/8261958/The-wife-of-the-undercover-policeman-struggling-to-come-to-terms-with-his-secret-affairs.html

European Court of Human Rights:

Lowenthal and O’Shea v UK (March 2012):  the court was asked to consider whether or not the detention of by-standers during a policing operation which resulted in hundreds of protestors being kettled in Oxford Circus on 1 May 2001 was lawful. The court found that the detention was lawful.

http://www.humanrightseurope.org/2012/03/judges-reject-police-kettling-human-rights-appeal/

https://www.theguardian.com/uk/2012/mar/15/human-rights-court-police-kettling

 

Public law challenges:

R (Thomas Maughan) v Her Majesty’s Senior Coroner for Oxfordshire and others

Co/367/2018: challenging the lawfulness of (a) the Coroners Court Guidance and (b) the verdict.

R (RMC & FJ) v Commissioner of Police of the Metropolis and Others [2012] EWHC 1681 (Admin):  the indefinate retention of custody photographs by the police of those who had been arrested but not charged was unlawful and in breach of a persons right to privacy as protected by Article 8 ECHR.

http://www.bailii.org/ew/cases/EWHC/Admin/2012/1681.html

https://www.newlawjournal.co.uk/content/police-must-destroy-photos

https://ukhumanrightsblog.com/2012/06/27/police-retention-of-photographs-unlawful-high-court-rules/

https://www.theregister.co.uk/2016/03/11/home_office_warned_over_police_facial_recognition_abuses/

Richard Holness v Independent Police Complaints Commission and Commissioner of Police for the Metropolis CO/14303/2009: successful challenge against the IPCC for failure to carry out an Article 3 ECHR compliant investigation into his complaint. Mr Holness was seriously assaulted by 6 police officers and then unlawfully arrested and maliciously prosecuted.

Civil Claims:

Franklyn Zorokong v Commissioner of Police for the Metropolis (2017): civil claim for damages for false imprisonment, racially aggravated assault and battery of a vulnerable black man, who was arrested for filming the police arresting people inside his local pub on his mobile phone.  He received £35,000 compensation and the police officers were subject to disciplinary proceedings.

MA v Secretary of State for the Home Department (2016):  civil claim against the Home Office for the unlawful detention of a minor who had leave to remain in the UK. M was awarded £35,000 damages for unlawful detention and psychiatric damage.

JM v Commissioner of Police for the Metropolis (2016): civil claim and representation at the police disciplinary hearing against the Commissioner of police for the Metropolis. JM was the victim of a sexual assault on a night bus. Minutes later 2 police officers boarded the bus but failed to catch her attacker. The police failed to carry out an effective article 3 compliant investigation. The police officers were disciplined.

http://www.standard.co.uk/news/crime/police-on-bus-refused-to-arrest-my-attacker-says-woman-who-was-sexually-assaulted-10410026.html

http://metro.co.uk/2015/07/23/police-refuse-to-arrest-sex-attacker-despite-victim-identifying-him-on-bus-5309712/

http://www.mirror.co.uk/news/uk-news/police-officers-disciplined-refusing-arrest-6148908

http://www.policecommunity.co.uk/police-out-right-refuse-to-arrest-suspect/

http://www.telegraph.co.uk/news/uknews/crime/11759418/Bus-police-refused-to-arrest-sex-attacker.html

http://www.hamhigh.co.uk/news/crime-court/camden_police_officers_refused_to_arrest_attacker_seconds_after_kentish_town_bus_sex_assault_1_4167058

AT v Commissioner of Police of the Metropolis (2015): undisclosed damages obtained for assault and battery, false imprisonment and malicious prosecution. AT had suffered serious injuries after being unlawfully arrested, restrained and tasered 5 times. He had been prosecuted for assaulting the police officers, however was found not guilty by a Crown Court judge.

Gary Doolan v Commissioner of Police of the Metropolis – 8CL03416 (2014) – Successfully represented Mr Doolan in a civil claim for unlawful arrest, false imprisonment, assault and battery and malicious prosecution. The assaults upon him by the police officers has left Mr Doolan with a permanent neuralgic pain in his left thigh, where he was struck repeatedly by batons, significantly impacting upon his personal and professional life. He received undisclosed damages and an apology.

DC v Commissioner of Police of the Metropolis (Claim No. 2YJ646492014) – young black man suffered fractured eye socket, burn injuries to his arms and wrists, bruising and broken ribs following an unlawful stop and search and assault by 6 TSG officers in South London and maliciously prosecuted. Received £50,000 damages and an apology for assault and battery; false imprisonment and malicious prosecution.

AM and AR v Commissioner Of Police of the Metropolis (Claim Number:  2YJ64740 – 2015) – father and son were seriously assaulted by plain clothed police officers, who fled the scene after they realised that they had made a mistake and got the wrong people. AM r suffered a fractured arm and bruising to his body having been kicked and punched. His son, AR suffered a black eye. Both suffered post traumatic shock arising out of the incident. AM received £45,000 and AR received £10,000 damages and an apology.

Represented Brixton indie band (2009) – The Thirst, Brixton Indie Band were arrested at gunpoint after a gig on 21 November 2009 by Staffordshire Police and held in police cells for fifteen hours by police. A week later the police admitted that they had got it wrong. Significant damages obtained, including destruction of DNA data, fingerprints and photographs and a public apology.

http://www.dailymail.co.uk/news/article-1231988/Rock-band-The-Thirst-arrested-gunpoint-thirty-officers–council-CCTV-officer-mistakes-musical-equipment-handgun.html

http://www.telegraph.co.uk/culture/music/music-news/6689520/Rock-band-The-Thirst-held-at-gunpoint-in-pub-car-park-after-police-error.html

http://www.telegraph.co.uk/culture/music/music-news/6689520/Rock-band-The-Thirst-held-at-gunpoint-in-pub-car-park-after-police-error.html

Terrorism:

Manchester Arena Terror attack: Najma was representing Salman Abdi, a 23 year old trainee pilot who was arrested in West Sussex in connection with the inquiry into the Manchester Ariana Grande Concert bombing, May 22, 2017).

http://www.independent.co.uk/news/uk/home-news/manchester-arena-attack-trainee-pilot-west-sussex-suspect-bombing-raid-shoreham-by-sea-west-sussex-a7761506.html

Prevent Strategy: Najma successfully represented GM and his family after their 13 year old son AM was referred to the police by his school under the controversial Government Prevent Strategy – Protecting children from radicalisation: the prevent duty imposed on schools.

https://www.theguardian.com/uk-news/2015/sep/23/prevent-counter-terrorism-strategy-schools-demonising-muslim-children

Stop and Search: PI v Commissioner of Police for the Metropolis (2014): civil claim for £10,000 for false imprisonment, assault and battery and malicious prosecution arising out of the unlawful stop and search powers used by the police under section 44 Terrorism Act 2000, which the ECHR had ruled were unlawful and were being disproportionately being used against black and ethnic minorities.

Whistleblowing and rendition:

Derek Pasquill v Secretary of State for the Home Department (2014) and others: Represented Derek Pasquill, aged 50 in a potential civil claim for misfeasance and malicious prosecution against the Government arising out of his arrest, detention and subsequent prosecution for alleged breaches of the Official Secrets Act. He was accused of leaking confidential documents between 2005 and 2006 to the New Statesman and the Observer about the government’s attitude to secret CIA rendition flights and involvement with Radical Islamists.

http://www.guardian.co.uk/media/2008/jan/09/pressandpublishing.freedomofinformation

Challenging the adequacy of the criminal investigation:

Abdel Salam Hassan – Challenging the adequacy of the criminal investigation to ensure it was compliant with Article 3 of the Human Rights Act (2010): Represented the family of Mr Abdel Salam, 56, who was found by neighbours outside his home in Lewisham, having been stabbed in the leg. The victim volunteered at the REDRESS charity, a human rights organisation which supports survivors of torture. He was a renowned lawyer who played a leading role in the struggle for human rights and justice in Sudan over the last three decades.

https://www.theguardian.com/uk/2010/mar/15/sudan-lawyer-murder-abdelsalam

http://news.bbc.co.uk/1/hi/england/london/8573741.stm

Protest related work:

Najma is best known for her work representing protestors following the G20 protests (2009).  She successfully represented several protestors who had been unlawfully assaulted by the police.

JM v Chief Constable Kent Police – undisclosed damages for unlawful stop and search, assault and battery, malicious prosecution and an apology. JM was unlawfully stopped and searched, falsely imprisoned and then subjected to draconian bail conditions which prevented him from returning to the Climate Change Camp site at Kingsnorth Power Station. He was then maliciously prosecuted by Kent Police.

https://www.express.co.uk/news/uk/180319/Police-pay-for-unlawful-camp-search

Cost cases

Neiring v Commissioner of Police for the Metropolis (CD 0803096) 21 July 2009 (Senior Court Costs Office): Costs associated with the Claimant’s involvement in the police complaint, the inquest and dealing with the Crown Prosecution Service are recoverable in principle, subject to the normal rules on proportionality.

Dissi v Commissioner of Police for the Metropolis (4CL04690) 28 Sept 2008 (Senior Court Costs Office): Costs associated with the Claimant’s involvement in the independent Police Complaints Commission and with the Crown Prosecution Service are recoverable in principle, subject to the normal rules on proportionality.

Najma Rasul

Consultant Senior Solicitor

E: najma@matthewgold.co.uk

Najma joined Mathew Gold in December 2017 as a consultant. She was previously employed as an Associate for a leading human rights law firm.

Najma has extensive experience in bringing multi-party and individual civil claims against the police and the other public bodies, such as the Home Office for false imprisonment, assault and battery, malicious prosecution, misfeasance in public office, negligence, discrimination and breaches of the Data Protect Act and the Human Rights Act. She also has experience in public law, inquests, and public inquiries.

Some of Najma’s high profile cases involve litigation arising from the discovery of Mark Kennedy an undercover cop who had infiltrated protest groups and engaged in unlawful sexual relationships with female protestors; Hillsborough inquest, which was one of the country’s longest running, complex and high profile inquest in recent history; She won a landmark case against the Metropolitan Police Service for the indefinite retention of custody photographs for those who had been arrested but not charged or prosecuted. This resulted in changes to both Government policy and police powers nationally and locally; more recently she was involved in representing bereaved families and survivors from the Grenfell Tower fire on matters relating to the public inquiry and the adequacy of the criminal investigation.

Najma has successfully challenged decisions by way of judicial review proceedings against the Independent Police Complaints Commission, the Coroner’s Courts, and the Parole Board.

Najma has also successfully represented bereaved families in respect of inquests into deaths in police and prison custody and work place deaths. She has been involved in a number of successful health and safety and corporate manslaughter prosecutions against companies and individual directors in respect of work place deaths.

Najma has an interest in policing practices around terrorism, privacy, domestic violence, abuse and domestic homicide.

Najma joined Mathew Gold as a consultant in December 2017.

Prior to joining Mathew Gold, Najma was an Associate at Bindmans LLP in the Actions Against the Police and State Bodies Department.  She worked at Bindmans LLP for approximately 10 years and was involved in various high profile and complex police law, public law, terrorism, inquest and public inquiry cases (Dec 2007 – Oct 2017).

Najma established and developed the Prison Law Department at a leading firm in the North before moving to London and joining Bindmans LLP in December 2007 (March 2006 – Dec 2007).

Najma qualified as a solicitor at Bhatt Murphy Solicitors in March 2006. She remained at the firm for a short time thereafter as a solicitor (Sept 2004 – Sept 2006).

Before qualifying as a solicitor, Najma worked as a senior caseworker at a national voluntary orgainsation called the Centre for Corporate Accountability. She advised and represented injured workers and families bereaved from work-related deaths on investigation and prosecution issues. She was also involved in drafting policy documents on issues relating to health and safety, corporate manslaughter and directors liabilities; and campaigning to improve worker safety work and holding companies and directors to account (2002 – 2004). http://www.corporateaccountability.org.uk/

Citizens Advice Bureau, Chapeltown, Leeds –  NHS Complaint advisor (2001)

Harehills and Chapeltown Law Centre, Leeds – immigration and housing caseworker (2000)

Professional Roles

Najma was a Director on the Board at the Centre for Corporate Accountability – 2004 – March 2009

Najma was a Director on the Board at Womens’ Aid, Leeds in 2000 – 2002

Professional Membership

Najma is a member of the Law Society; Inquest Lawyers Group; the Human Rights Lawyers Association; the Police Action Lawyers Group; and Liberty.

Legal Directories

Najma is ranked in Chambers and Partners, Band 3 Police Law mainly Claimant. She is described as The “brilliant” Najma Rasul is “passionate about achieving justice, and not just settling a claim.” As well as being involved with the civil actions that have arisen from the aftermath of the Mark Kennedy events, she has been involved with an important test case challenging the indefinite retention of police photographs” (2013).

Najma was previously ranked as ‘one to watch’. It stated that “Najma is known for her creative and meticulous approach to litigation……Sources identify Najma Rasul as an “inspiration” for her dedication and hard work. She is best known for her work in G20 protest-related litigation” (2012).

Awards

Najma represented the family of John McBrien who was only 18 when he died in the Hillsborough disaster.

Najma was part of the Bindmans Hillsborough Legal Team, along with 11 other legal teams, they were jointly awarded the following awards:

  • ‘Outstanding Achievement Award’ at the Modern Claims Awards 2017. They were recognised for exceptional contribution in helping the families of Hillsborough victims obtain justice and truth about the 1989 tragedy. (The Modern Claims Awards entered its third year and were launched to celebrate cross-industry talent and success. The winners of these awards were chosen by a diverse range of Judges, who represent each and every aspect of the claims industry).
  • ‘Outstanding Achievement Award’ at the Legal Aid Lawyer of the Year awards 2016. This is the first time the LALY judges have chosen to recognise so many separate organisations in a single award category, reflecting the extraordinary nature of the case and the phenomenal work of all legal teams involved.

In 2009, Najma was also featured as the Law Society Gazette “Lawyer in the News” on 3 December 2009 for her work on litigation arising from the G20 protests, where protestors were kettled and assaulted by police officers.

Published Article: Najma co-wrote an article on surveillance which was published in the Solicitors Journal on issues relating to the indefinite retention of custody photographs by the police: Battling the surveillance state (Solicitors Journal, 3 July 2012)

Areas of specialism

  • Civil actions against the police and other state bodies
  • Judicial review claims
  • Inquests
  • Public Inquiries
  • Police complaints
  • Assault and battery
  • Wrongful arrest/ false imprisonment
  • Malicious prosecution
  • Misfeasance in public office
  • Negligence
  • Trespass
  • Claims under the Human Rights Act
  • Privacy claims
  • Discrimination claims
  • Right to protest
  • Failure to investigate criminal behaviour adequately
  • Domestic homicides

Najma’s notable cases include:

Public Inquiry into the Grenfell Tower Fire:

Najma represented several families bereaved from the Grenfell Tower fire, who lost loved ones in the tragic incident in relation to the Grenfell Tower Public inquiry and the adequacy of the police investigation.

Hillsborough Inquest:

Najma represented Joan Hope and her family in connection with the death of her 18 year old son, John McBrien who was one of the 96 people who died during a crush at the Hillsborough Stadium, Sheffield on 15th April 1989 during the FA cup semi final between Liverpool and Nottingham Forest. The Inquest started on 31st March 2014 and finished in 26 April 2016. It was the longest running inquest in English legal history and found that the supporters were unlawfully killed due to grossly negligent failures by police and ambulance services to fulfil their duty of care to the supporters. The inquest also found that the design of the stadium contributed to the crush, and that supporters were not to blame for the dangerous conditions.

https://hillsboroughinquests.independent.gov.uk/about-the-inquests/

http://www.bbc.co.uk/news/uk-wales-north-east-wales-36143518

https://www.dailypost.co.uk/news/north-wales-news/flintshire-mum-hillsborough-victim-says-11247283

https://www.dailypost.co.uk/news/north-wales-news/holywell-mum-welcomes-move-fresh-2648832

Undercover cop cases:

Najma represented various protestors in civil claims arising from the discovery that Mark Kennedy and other undercover cops had infiltrated protest groups around the country and had engaged in unlawful sexual relationships with protestors.

https://en.wikipedia.org/wiki/Mark_Kennedy_(police_officer)

https://www.theguardian.com/environment/2011/mar/26/mark-kennedy-undercover-cop-environmental-activist

https://www.telegraph.co.uk/news/earth/earthnews/8261958/The-wife-of-the-undercover-policeman-struggling-to-come-to-terms-with-his-secret-affairs.html

European Court of Human Rights:

Lowenthal and O’Shea v UK (March 2012):  the court was asked to consider whether or not the detention of by-standers during a policing operation which resulted in hundreds of protestors being kettled in Oxford Circus on 1 May 2001 was lawful. The court found that the detention was lawful.

http://www.humanrightseurope.org/2012/03/judges-reject-police-kettling-human-rights-appeal/

https://www.theguardian.com/uk/2012/mar/15/human-rights-court-police-kettling

Public law challenges:

R (Thomas Maughan) v Her Majesty’s Senior Coroner for Oxfordshire and others

Co/367/2018: challenging the lawfulness of (a) the Coroners Court Guidance and (b) the verdict.

R (RMC & FJ) v Commissioner of Police of the Metropolis and Others [2012] EWHC 1681 (Admin):  the indefinate retention of custody photographs by the police of those who had been arrested but not charged was unlawful and in breach of a persons right to privacy as protected by Article 8 ECHR.

http://www.bailii.org/ew/cases/EWHC/Admin/2012/1681.html

https://www.newlawjournal.co.uk/content/police-must-destroy-photos

https://ukhumanrightsblog.com/2012/06/27/police-retention-of-photographs-unlawful-high-court-rules/

https://www.theregister.co.uk/2016/03/11/home_office_warned_over_police_facial_recognition_abuses/

Richard Holness v Independent Police Complaints Commission and Commissioner of Police for the Metropolis CO/14303/2009: successful challenge against the IPCC for failure to carry out an Article 3 ECHR compliant investigation into his complaint. Mr Holness was seriously assaulted by 6 police officers and then unlawfully arrested and maliciously prosecuted.

Civil Claims:

Franklyn Zorokong v Commissioner of Police for the Metropolis (2017): civil claim for damages for false imprisonment, racially aggravated assault and battery of a vulnerable black man, who was arrested for filming the police arresting people inside his local pub on his mobile phone.  He received £35,000 compensation and the police officers were subject to disciplinary proceedings.

MA v Secretary of State for the Home Department (2016):  civil claim against the Home Office for the unlawful detention of a minor who had leave to remain in the UK. M was awarded £35,000 damages for unlawful detention and psychiatric damage.

JM v Commissioner of Police for the Metropolis (2016): civil claim and representation at the police disciplinary hearing against the Commissioner of police for the Metropolis. JM was the victim of a sexual assault on a night bus. Minutes later 2 police officers boarded the bus but failed to catch her attacker. The police failed to carry out an effective article 3 compliant investigation. The police officers were disciplined.

http://www.standard.co.uk/news/crime/police-on-bus-refused-to-arrest-my-attacker-says-woman-who-was-sexually-assaulted-10410026.html

http://metro.co.uk/2015/07/23/police-refuse-to-arrest-sex-attacker-despite-victim-identifying-him-on-bus-5309712/

http://www.mirror.co.uk/news/uk-news/police-officers-disciplined-refusing-arrest-6148908

http://www.policecommunity.co.uk/police-out-right-refuse-to-arrest-suspect/

http://www.telegraph.co.uk/news/uknews/crime/11759418/Bus-police-refused-to-arrest-sex-attacker.html

http://www.hamhigh.co.uk/news/crime-court/camden_police_officers_refused_to_arrest_attacker_seconds_after_kentish_town_bus_sex_assault_1_4167058

AT v Commissioner of Police of the Metropolis (2015): undisclosed damages obtained for assault and battery, false imprisonment and malicious prosecution. AT had suffered serious injuries after being unlawfully arrested, restrained and tasered 5 times. He had been prosecuted for assaulting the police officers, however was found not guilty by a Crown Court judge.

Gary Doolan v Commissioner of Police of the Metropolis – 8CL03416 (2014) – Successfully represented Mr Doolan in a civil claim for unlawful arrest, false imprisonment, assault and battery and malicious prosecution. The assaults upon him by the police officers has left Mr Doolan with a permanent neuralgic pain in his left thigh, where he was struck repeatedly by batons, significantly impacting upon his personal and professional life. He received undisclosed damages and an apology.

DC v Commissioner of Police of the Metropolis (Claim No. 2YJ646492014) – young black man suffered fractured eye socket, burn injuries to his arms and wrists, bruising and broken ribs following an unlawful stop and search and assault by 6 TSG officers in South London and maliciously prosecuted. Received £50,000 damages and an apology for assault and battery; false imprisonment and malicious prosecution.

AM and AR v Commissioner Of Police of the Metropolis (Claim Number:  2YJ64740 – 2015) – father and son were seriously assaulted by plain clothed police officers, who fled the scene after they realised that they had made a mistake and got the wrong people. AM r suffered a fractured arm and bruising to his body having been kicked and punched. His son, AR suffered a black eye. Both suffered post traumatic shock arising out of the incident. AM received £45,000 and AR received £10,000 damages and an apology.

Represented Brixton indie band (2009) – The Thirst, Brixton Indie Band were arrested at gunpoint after a gig on 21 November 2009 by Staffordshire Police and held in police cells for fifteen hours by police. A week later the police admitted that they had got it wrong. Significant damages obtained, including destruction of DNA data, fingerprints and photographs and a public apology.

http://www.dailymail.co.uk/news/article-1231988/Rock-band-The-Thirst-arrested-gunpoint-thirty-officers–council-CCTV-officer-mistakes-musical-equipment-handgun.html

http://www.telegraph.co.uk/culture/music/music-news/6689520/Rock-band-The-Thirst-held-at-gunpoint-in-pub-car-park-after-police-error.html

http://www.telegraph.co.uk/culture/music/music-news/6689520/Rock-band-The-Thirst-held-at-gunpoint-in-pub-car-park-after-police-error.html

Terrorism:

Manchester Arena Terror attack: Najma was representing Salman Abdi, a 23 year old trainee pilot who was arrested in West Sussex in connection with the inquiry into the Manchester Ariana Grande Concert bombing, May 22, 2017).

http://www.independent.co.uk/news/uk/home-news/manchester-arena-attack-trainee-pilot-west-sussex-suspect-bombing-raid-shoreham-by-sea-west-sussex-a7761506.html

Prevent Strategy: Najma successfully represented GM and his family after their 13 year old son AM was referred to the police by his school under the controversial Government Prevent Strategy – Protecting children from radicalisation: the prevent duty imposed on schools.

https://www.theguardian.com/uk-news/2015/sep/23/prevent-counter-terrorism-strategy-schools-demonising-muslim-children

Stop and Search: PI v Commissioner of Police for the Metropolis (2014): civil claim for £10,000 for false imprisonment, assault and battery and malicious prosecution arising out of the unlawful stop and search powers used by the police under section 44 Terrorism Act 2000, which the ECHR had ruled were unlawful and were being disproportionately being used against black and ethnic minorities.

Whistleblowing and rendition:

Derek Pasquill v Secretary of State for the Home Department (2014) and others: Represented Derek Pasquill, aged 50 in a potential civil claim for misfeasance and malicious prosecution against the Government arising out of his arrest, detention and subsequent prosecution for alleged breaches of the Official Secrets Act. He was accused of leaking confidential documents between 2005 and 2006 to the New Statesman and the Observer about the government’s attitude to secret CIA rendition flights and involvement with Radical Islamists.

http://www.guardian.co.uk/media/2008/jan/09/pressandpublishing.freedomofinformation

Challenging the adequacy of the criminal investigation:

Abdel Salam Hassan – Challenging the adequacy of the criminal investigation to ensure it was compliant with Article 3 of the Human Rights Act (2010): Represented the family of Mr Abdel Salam, 56, who was found by neighbours outside his home in Lewisham, having been stabbed in the leg. The victim volunteered at the REDRESS charity, a human rights organisation which supports survivors of torture. He was a renowned lawyer who played a leading role in the struggle for human rights and justice in Sudan over the last three decades.

https://www.theguardian.com/uk/2010/mar/15/sudan-lawyer-murder-abdelsalam

http://news.bbc.co.uk/1/hi/england/london/8573741.stm

Protest related work:

Najma is best known for her work representing protestors following the G20 protests (2009).  She successfully represented several protestors who had been unlawfully assaulted by the police.

JM v Chief Constable Kent Police – undisclosed damages for unlawful stop and search, assault and battery, malicious prosecution and an apology. JM was unlawfully stopped and searched, falsely imprisoned and then subjected to draconian bail conditions which prevented him from returning to the Climate Change Camp site at Kingsnorth Power Station. He was then maliciously prosecuted by Kent Police.

https://www.express.co.uk/news/uk/180319/Police-pay-for-unlawful-camp-search

Cost cases

Neiring v Commissioner of Police for the Metropolis (CD 0803096) 21 July 2009 (Senior Court Costs Office): Costs associated with the Claimant’s involvement in the police complaint, the inquest and dealing with the Crown Prosecution Service are recoverable in principle, subject to the normal rules on proportionality.

Dissi v Commissioner of Police for the Metropolis (4CL04690) 28 Sept 2008 (Senior Court Costs Office): Costs associated with the Claimant’s involvement in the independent Police Complaints Commission and with the Crown Prosecution Service are recoverable in principle, subject to the normal rules on proportionality.