Hafsah Masood

Profile

Hafsah advises and acts in a range of civil and public law matters with particular expertise in the areas below.

Public Law and Human Rights

Hafsah regularly appears in the High Court, Upper Tribunal and First-tier Tribunal in judicial review claims and appeals. She has significant experience of immigration and refugee law including claims raising human rights and EU law issues.

Hafsah also has experience of Commonwealth constitutional and public law. She has advised and appeared in a number of appeals before the Privy Council, including as sole counsel. Examples include:

• Sole counsel in an appeal from Jamaica raising issues about whether defence counsel had failed to perform his duties to such an extent that the accused had a suffered a denial of due process (McLeod v The Queen [2017] UKPC 1);
• Junior counsel for the state in an appeal from Trinidad and Tobago by a former judge who sought damages (including constitutional damages), having succeeded in a claim for judicial review challenging Cabinet’s refusal to re-appoint him for another term because of allegations in relation to his competence which he had not been given an opportunity to respond to (Maharaj v Prime Minister of Trinidad and Tobago [2016] UKPC 37, led by Thomas Roe QC);
• Acted for the state in an appeal from the Court of Appeal of Jamaica involving a challenge to the procedural rules governing Judicial Review claims in Jamaica;
• Junior counsel in an appeal by the former Prime Minister of St Vincent & The Grenadines raising allegations of bias and procedural unfairness against the commissioner of an inquiry into the failure of a government-backed construction project (Mitchell v Georges [2014] UKPC 43, led by Thomas Roe QC);
• Appeared for the state in an appeal raising the important constitutional question whether the Prime Minister or any other minister can lawfully instruct the Commissioner or other member of the police to carry out a specific policing operation (Antigua Power Co Ltd v Attorney General of Antigua and Barbuda [2013] UKPC 23, led by the then James Dingemans QC).

Other International and Foreign Law, Jurisdiction and Conflict of Laws

Hafsah advises on conflicts of laws and jurisdiction issues arising out of commercial and other disputes, and has good knowledge of main EU instruments on jurisdiction and applicable law as well as the Service Regulation.

She is regularly instructed in and has experience of travel litigation, including claims under the Package Travel Regulations and the Athens and Montreal Conventions.

Employment and Discrimination

Hafsah’s employment practice encompasses all aspects of employment law, including discrimination claims, with experience of multi-day hearings for both claimants and respondents. She has also advised on disputes concerning restrictive covenants and their enforceability.

Hafsah is the co-author of the practitioner text The Protections for Religious Rights: Law and Practice (OUP, 2013) which includes a comprehensive review of the protections for religious rights in the employment context, and an examination of relevant provisions of the Equality Act 2010 and other applicable domestic and international instruments.

Further Information

Hafsah is on the Attorney General’s C Panel of Junior Counsel. She is the co-author of the practitioner text, The Protections for Religious Rights: Law and Practice (Oxford University Press, 2013). Hafsah is a member of ALBA and the ELA, and is the Secretary to the British Pakistani Lawyers’ Association

Background

Before coming to the Bar, Hafsah spent two years at the Law Commission as a research assistant in the public law team working principally on the project Administrative Redress: Public Bodies and the Citizen, which entailed a comprehensive review of the private and public law remedies available against public authorities.

After her time at the Law Commission and before commencing pupillage in 2009, Hafsah spent two terms as a judicial assistant to the then Lord Justice Dyson in the Court of Appeal.

Qualifications

BA (Law), Worcester College, University of Oxford
LLM in International Law (Distinction), London School of Economics 

Languages

Urdu, Punjabi