Azeem Suterwalla

OVERVIEW: Azeem Suterwalla specialises in public law and human rights law across a range of subject areas, notably, community care, children related, education, immigration, asylum support and prison law. He is also regularly instructed on housing cases. Azeem has a developing media law practice. Azeem has worked on litigation at all levels up to the House of Lords and European Court of Human Rights.

Before coming to the bar Azeem worked for two years for the United Nations in the Middle East, as a Policy Analyst in Gaza City, where he developed a detailed understanding of public international law. Azeem was also the Judicial Assistant to the former Master of the Rolls, Lord Justice Anthony Clarke, in the Court of Appeal between October and December 2005.

AREAS OF PRACTICE

Public law

Azeem has undertaken judicial review cases across a number of different areas. Notable cases include:

• R (G) v The London Borough of Southwark [2009] 1 WLR 1299. Representing G, and led by Ian Wise QC also at Doughty Street Chambers, it was successfully argued in the House of Lords that where a child fulfilled all of the elements required by the Children Act 1989 s.20(1), the local authority was under a duty to provide him with accommodation under that section. It could not side-step that duty by claiming to have provided him with accommodation under the general duty in s.17(1).

• R (A) v The London Borough of Croydon [2009] EWHC 939 Admin; [2009] Fam. Law 659. Azeem represented A and was led by Ian Wise. In this case the court gave guidance as to the proper approach to be taken by the secretary of state or by a local authority who, having concluded that an unaccompanied asylum seeking child was over 18, was presented with a report from a paediatrician whose opinion was that the child was under 18.

• R (P) v The London Borough of Croydon [2009] EWHC 1993 (Admin). Azeem represented P, an asylum seeker, who brought a successful challenge against the council's decision as to his age.

• R (Jones) v Nottingham City Council [2009] EWHC 271 (Admin); [2009] ACD 42. Azeem represented the claimant in her application to clarify the position on appealing costs orders made by the Administrative Court. Collins J gave guidance that the Administrative Court had no power to reconsider a decision on costs made on the papers in accordance with the terms of a consent order. A party dissatisfied with such a decision would have to appeal to the Court of Appeal.

• R (M) v The London Borough of Sutton [2007] EWCA Civ 1205; [2008] ELR 123. Azeem represented M at first instance and was led by Ian Wise in the Court of Appeal. This case considered whether local education authorities are under an obligation to provide parents of children with special education needs with a specific choice of schools before absolving themselves of a duty to provide school transport.

Azeem has been instructed in numerous judicial reviews concerning vulnerable children, as well as cases where clients have challenged the determination of their age by local authorities. He obtained interim relief in several of these cases which then settled or the matter concluded after the grant of permission. Azeem is comfortable with urgent and out-of-hours judicial review work and is happy to discuss cases on an informal basis before being instructed. He is able to assist solicitors unfamiliar with urgent procedures.

Human Rights

Azeem has been involved in a number of ground breaking human rights cases since starting practice. These include:

• R (N and E) v Nottinghamshire Healthcare NHS Trust and the Secretary of State for Health [2009] EWCA Civ 795; Times, August 10, 2009. Azeem represented N and E and was led by Paul Bowen, also of Doughty Street Chambers. This was an appeal in the Court of Appeal for a number of patients challenging the lawfulness of the smoking ban in psychiatric hospitals.

• S and Marper v The United Kingdom 2008 (Applications nos. 30562/04 and 30566/04). This case was heard before the Grand Chamber of the European Court of Human Rights. Azeem was junior counsel for S and Marper being led by Stephen Cragg, also of Doughty Street Chambers. The European Court of Human Rights held that the indefinite retention of DNA and fingerprint data in respect of persons not convicted of a crime constituted a violation of their Article 8 Convention rights.

• R v F (2007) 2 All ER 193; (2007) 2 Cr App R 3. This was the first case to consider the meaning of "terrorism". Azeem represented the defendant F and was led by Geoffrey Robertson QC.

• R (Al Skeini (and others)) v Secretary of State for Defence [2007] UKHL 26. Azeem assisted in the drafting of written submissions on the part of the intervenors (REDRESS). This case considered whether the European Convention on Human Rights applied to UK occupied South-East Iraq.

Housing

Azeem undertakes a range of housing work in the county court including defending possession claims and bringing claims against landlords for disrepair.

Media

Recently Azeem has begun developing media law work. He has represented journalists in the Magistrates and Crown courts who have been summonsed for contempt of court. Azeem has advised clients in respect of defamation/libel claims. Between April to July 2008 Azeem was seconded to the BBC's Programme Legal Advice Department where he was responsible for advising on a range of material (current affairs, entertainment and news) prior to broadcast.

Publications and Memberships

Azeem is a member of the Administrative Law Bar Association (ALBA).

He is author of the chapter "Collection and Retention of Person Data" in the OUP publication "Human Rights in the Investigation and Prosecution of Crime" (2009), edited by Madeleine Colvin and Jonathan Cooper.

Azeem's other publications include:

• UK contributor to Closing Protection Gaps Handbook on Protection of Palestinian Refugees in States Signatories to the 1951 Refugee Convention, BADIL Resource Center for Palestinian Residency and Refugee Rights, 2005

• Case note: Ronald Grant Jones v The Kingdom of Saudi Arabia and Lieutenant-Colonel Abdul Aziz, The Legal Executive Journal, January 2005

• The Wall and the role of the ICJ: is the World Court a peacemaker or peace-breaker?, The Legal Executive Journal, August 2004

• Collective Insecurities - Humanitarian Intervention in the post Cold War period - Harvard International Review, January 2001

Azeem also provides case commentaries for the Butterworths online human rights service and public law practitioner updates for the New Law Journal.

Year of Call

2004

Education

BA (Oxon) Modern History 1st Class; MA (Harvard) Arabic and Middle Eastern Studies, Thesis with Distinction; PgDL; Major Scholar, Inner Temple, 2002, Chapman Scholar, Inner Temple, 2003

Email Address

a.suterwalla@doughtystreet.co.uk

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Specialist Teams

Member :

• Community Care & Health
• International Law Group
• Public and Administrative Law