Nageena Khalique KC

Nageena is clerked primarily by Lee Johnson, Clare Sabido, Jennifer Pooler and Emma Bell. 

EXPERIENCE & EXPERTISE

Nageena is a first class healthcare barrister, with a focus on public and administrative law including health, social care, mental health and education, Court of Protection and inquests. She is also very highly regarded for clinical negligence, civil liberties and human rights and her practice includes medical regulatory law. She was formerly a hospital dentist having worked as a Registrar in Oral & Maxillofacial Surgery in NHS hospitals prior to embarking on her legal career.

She has been noted for her skill in written and oral advocacy, having prepared submissions on behalf of Action Cerebral Palsy for the parliamentary inquiry into the SEND reforms,various policies (such as the anti-smoking policy in a high secure psychiatric unit), safeguarding polices for health bodies, statutory agencies and sports organisations, as well as serious case reviews and guidance at a national level for the Chief Social Worker of Scotland. She has many years of trial experience with a reputation of being incisive and formidable when cross-examining expert and lay witnesses. Equally she is known for her sensitive approach in difficult, complex inquests, mental health tribunals and in the Court of Protection.

Nageena has appeared in leading, complex, unusual and high profile public law, civil liberties and human rights cases involving judicial review and appellate level concerning all aspects of health and social care, NHS and private care arrangements, funding disputes between public bodies, continuing healthcare, mental health, coronial decisions, school exclusions, special educational need disputes, school or hospital closures, discrimination claims, breach of the Equality Act and human rights, drug priorities and rationing of public services.

Her current work includes cases before the Court of Appeal dealing with the issue of fluctuating capacity (CDM v Royal Borough of Greenwich [2018])and breaches of the Equality Act and Article 3 in relation to prison healthcare (McMeekin [2018]). She currently represents a number of individuals claiming damages for breaches of human rights for unlawful deprivation of liberty instructed by the Official Solicitor and protection against harassment claims.

Nageena’s practice in the Court of Protection covers both Health and Welfare and Property and Affairs matters including serious medical treatment cases, complex issues relating to jurisdiction, cross border transfers, capacity, deprivation of liberty, covert medication , hoarding and self-neglect, committal applications, consent to sex, contraception and cases of sexual abuse and forced marriage, weighty financial and deputyship disputes and cases involving the interface with public law issues, the Mental Health Act, and the Human Rights Act and use of the inherent jurisdiction.  She is instructed by a range of clients, including NHS trusts, local authorities, clinical commissioning groups, individuals and the Official Solicitor.

Similarly, she is regularly instructed in high profile and jury inquests, covering Article 2 deaths in custody and psychiatric settings, accidents including at work (RIDDOR), deaths due to clinical failings, domestic homicide and child deaths. She represents a variety of interested parties including families, public bodies, medical practitioners and health care professionals. She has advised and represented coroners in judicial review challenges and fiat claims. She recently acted in the inquest into the death of Brandon Rayat, a 15 year old victim of cyber bullying and the inquest into the death of Bonnie Armitage, a 9 year old child who was killed on the Cotswold Hunt.

Her practice in clinical negligence includes a wide variety of claims involving diagnostic errors, surgical mishaps, catastrophic birth injuries and particularly issues around informed consent which broadens and deepens her knowledge in many aspects of her other work.

She is instructed on sexual abuse claims involving psychiatric damage with complex issues on causation and by claimants in the Lambeth Council Redress Scheme for children in care relating to historic abuse whilst under the auspices of local authority social services and has appeared in several historic sexual abuse cases including the Father Hudson’s Catholic Homes multi-party claims.

Nageena is frequently instructed for her sensitive approach in the cases, and is able to deal effectively with complex, stressful and highly emotional situations.

Publications & appointments

Nageena co-authored chapter three: Deciding for Others  – Adults and chapter fourteen: Religious Observance and Objections to Treatment in the fourth edition of the book Medical Treatment: Decisions and the Law, edited by Christopher Johnston KC and Sophia Roper KC and written by 27 members of Serjeants’ Inn.

Nageena was initially a committee member involved in developing guidelines and subsequently appointed as Chair of the NICE Guidelines Committee producing the guideline: “Supporting decision-making for people who may lack mental capacity” published on 3 October 2018. She has also been appointed as Chair of the NICE Guidelines Committee producing guidelines: “Safeguarding adults in care homes” which will be published in 2020.

Nageena is a Legal Panel Member on the Disciplinary Committee of a professional regulatory body, the Association of Child Psychotherapists, having been appointed in July 2015 dealing with cases of the utmost seriousness and complexity.

She is co-author of guidance on Cross Border & Jurisdictional Issues for Adults with Incapacity for the Chief Social Worker of Scotland and is also the author of the chapter on Mental Health in Children and Young People in Clarke Hall & Morrison. This is updated quarterly. Nageena is a regular contributor on several Q&A publications and an expert panel member for LexisNexis: Court of Protection/ Public Law and has been published in the Journal for Oral & Maxillofacial Surgery on “Informed Consent” [2015]

Nageena prepared written submissions, providing a public law perspective, and made further oral submissions in the Parliamentary Inquiry into cerebral palsy and the impact of the SEND reforms and Children & Families Act 2014 on behalf of Action Cerebral Palsy (ACP) and was quoted in the final report Enabling Potential – Achieving a New Deal for Children with Cerebral Palsy launched in January 2015 by Paul Maynard MP with ACP. The report outlined the findings of the inquiry and identifies policy changes that could help the children in the UK with cerebral palsy.

Nageena was called to the Bar of Northern Ireland 2015 and has appeared in the High Court of NI (Proceeds of Crime Act (POCA) in relation to illegal waste disposal, clinical negligence and criminal cases) and in 2015 she was appointed Assistant Coroner Birmingham & Solihull in 2017.

Mediation

As an ADR trained mediator, Nageena is frequently called upon to apply her negotiation and mediation skills, particularly in Court of Protection and clinical negligence matters. Examples of this work include the following:

• Mediated two NHS funding disputes, where recommendations binding on both parties have been written up, when negotiations faltered
• Mediated on a family dispute where there were issues relating to treatment options for a child
• Considerable experience in Joint settlement meetings in many clinical negligence cases; many of these are tragic and emotional cases
• Involvement in many highly sensitive CoP cases including permanent vegetative state and minimally conscious states
• Mediated in a claim of negligence (failure to carry out tests and scans where baby still born)
• Dispute regarding case of young man dying from a leukemia and hospital refusal to provide further treatment
• Chairing experience: As independent Chair of the NICE guideline committee Nageena mediated with stakeholders including the Mental Capacity Act forum and in discussions with NICE executive Board regarding amendments to the guidelines at challenging and difficult meetings

Qualifications

BDS (University College London)
LDSRCS (Royal College of Surgeons England)
Diploma in Vocational Training (London University)
Diploma in Law (Highly commended – City University, London
Licensed for direct access work
Member of Gray’s Inn (Advocacy trainer and scholarship committee)

Cases & work of note

COURT OF PROTECTION, HUMAN RIGHTS AND PUBLIC LAW

McMeekin v SoS for Health, MoJ, Notts Healthcare NHS Trust, NHSE [2018] Court of Appeal Nageena represents the Trust in a conjoined criminal appeal and judicial review in the Court of Appeal: whether Equality duties, and Articles 3 and/or 8 have been breached in prison healthcare.

CDM V Royal Borough of Greenwich [2018] Court of Appeal [2018] McCoombe LJ, King LJ, Davies LJ Nageena is instructed by the local authority in this appeal against the decision of Cohen J (RB Greenwich v CDM [2018] EWCOP15) in respect of fluctuating capacity. Permission to appeal was granted by Peter Jackson LJ to provide clarification on this difficult issue.

Re SJ [2018] EWCOP 28 Moor J Nageena represented the Official Solicitor and ‘P’. The case emphasised an holistic approach to best interests noting a staged approach to undertaking a colostomy procedure. The evidence of a key witness was permitted in unusual circumstances taking a proportionate approach to ensure Article 6 compliance.

Re HB [2018] (judgment on Bailli awaited) Keehan J Serious medical treatment and end-of-life decisions, whether DNACPR notice was valid, and imposition of ceilings of treatment. Nageena represented the family successfully challenging the DNACPR notice and obtained a declaration that specific treatments were lawful.

Leeds Teaching Hospital NHS Trust v JF and CH [2018] EWCOP 32 Cohen J Nageena represented the sister of ‘P’ in this end of life  medical treatment case and was successful in obtaining a declaration that it was not lawful to administer morphine and as to what was in P’s best interests regarding ceilings of treatment.

Dudley MBC v Shaun Hill [2018] EWHC 2323 (Fam) HHJ Rowland Committal proceedings under COPR 2017. Nageena sought committal for repeated breaches of the injunctive orders. The respondent was imprisoned for 4 months. The case looked at the evidential threshold and procedural requirements.

Re H [2018] HHJ Hampton Nageena achieved a successful outcome for her clients in this application to remove the attorney for property and affairs and health and welfare (raising issues as to retrospective capacity of P to execute a Will and LPAs) and whether the attorney should act as an executor where there were substantial investments and high value in the estate of the deceased. After testing the evidence on capacity the parties agreed to proceed by way of mediation and the claim was compromised with the approval of the court appointing a new executor and trustees.

The Public Guardian v Flory & Hamilton [2018] Application brought by the PG raising concerns in respect of the professional deputy appointed in respect of property and affairs following a PI claim worth in excess of £9.5 million. Nageena represented the mother of the child beneficiary who was unhappy at the deputy’s management of the funds and his role in giving evidence against her in the family court which related to her divorce and child care proceedings. Nageena sought to remove the deputy and following her application and skeleton argument, the deputy stood down.

In the matter of DS [2018] Hayden J Anonymity and transparency order and freedom of speech for dying incapacitous adult in the Court of Protection.

IH (Observance of Muslim Practice) [2017] EWCOP 9 Cobb J Nageena acted for the local authority in respect of an application which concerned to what extent it was in IH’s best interests for him to be supported to practice actively Islamic customs and practices. This judgment provides clear guidance for Muslim families and lawyers

Re SW [2017] EWCOP 7 Munby P Nageena represented the Human Tissue Authority (HTA) successfully resisting an application for permission to carry out an allogeneic bone marrow transplant in a patient suffering from multiple myeloma. Nageena argued that the court had no jurisdiction or power to exempt anyone from the statutory scheme under the Human Tissue Act 2004 and The Human Tissue Act 2004 (Persons who Lack Capacity to Consent and Transplants) Regulations 2006 with which Munby P agreed. Nageena also obtained a costs order (over £7K) on the basis that the application was totally without merit, misconceived and vexatious.

University Hospitals of North Midlands NHS Trust v JT (by her litigation friend, the OS) [2017] EWCOP 25 Keehan J Nageena acted in this serious medical treatment for an order that it was lawful and in JT’s best interest to undergo surgical removal of her left breast under general anaesthetic including authorising restraint and deprivation of her liberty. JT had a diagnosis of breast cancer, paranoid schizophrenia and was resistant to treatment.

North Tees & Hartlepool NHS Foundation Trust v NMH (by his litigation friend, the OS) [2018] Hayden J Nageena was instructed by the Official Solicitor on behalf of NMH, a 30-year-old refugee under the Vulnerable Person Resettlement Program who lacked capacity due to a traumatic brain injury. He required extensive dental treatment under GA. NMH’s care was complicated by reason of him witnessing torture in Syria and Lebanon including extraction of teeth and killing of some of his family.

R on the application of Bhembe v Nottingham City Council [2018] Nageena was leading counsel on this test case which concerned whether there was a statutory duty or power in the Care Act 2014 which required a local authority to provide a litigation friend to an incapacitous adult in an appeal in the FTT. The Tribunal rules committee amended the rules to allow funding of a litigation friend.

R (otao) AR and BR v The Governing Body of X school and the London Borough of Hackney [2017] Nageena represented the school resisting a judicial review which alleged unlawful or unreasonable exclusion of the claimants from X School. Having established that this was not an ‘exclusions case’ within the meaning of section 51A(1) of the Education Act 2002,  accompanying guidance Education Act 1996,  and the application of  Regulations Nageena successfully negotiated a compromise enabling proceedings to be dismissed by consent.

Re CA (Natural Delivery or Caesarean Section) [2016] EWCOP 51 Baker J A case concerning a young pregnant woman (CA), with a diagnosis of autism and a learning disability, tribal scarring and female genital mutilation. Nageena represented the NHS Trust and secured a declaration that it was lawful and in CA’s best interests to undergo a planned Caesarean section, if necessary using force in a way that deprived CA of her liberty.

Secretary of State for Justice v Staffordshire County Council & Anor [2016] EWCA Civ 1317 Sir Terence Etherton MR, Beatson LJ and Elias LJ Nageena was successful in the Court of Appeal and also acted for the local authority in the High Court at first instance Staffordshire County Council v SRK (by his LF the OS), RK, IMTC & SSJ [2016] EWCOP 27, resisting the challenge against the decision of Charles J regarding state imputability in private care (paragraphs 74-75 for Nageena’s submissions).

University Hospitals of North Midlands NHS Trust -v- OA (by her Litigation Friend the Official Solicitor) [2016] Francis J Nageena represented the Trust in an application for urgent serious medical treatment (amputation of fingers) where the evidence in respect of capacity was finely balanced in an adult whose capacity fluctuated depending on her mental disorder (schizophrenia).

EC (by his litigation friend, the OS) and Worcestershire County Council (1) X Hospital (2) North Ayrshire Council (3) [2016] EWCOP 30 Baker J Nageena acted for EC on the instruction of the Official solicitor; considering the issue of Habitual Residence and cross border jurisdiction.

Re FD (Inherent Jurisdiction: Power of Arrest) [2016] EWHC 2358 (Fam) HHJ Bellamy Nageena represented the local authority in inherent jurisdiction proceedings. The Judge held that it could not attach a POA but granted the injunction.

R v The Queen (on the application of Nicola Wiggins) v H.M. Assistant Coroner for Nottinghamshire & Governor of HMP Ranby [2015] All ER (D) Divisional Court Davies LJ, Ouseley J Nageena successfully represented the Coroner in this judicial review relating to decisions as to scope and the test of causation and in the Court of Appeal (civil division) 2016/0002. Permission to appeal was refused by Burnett LJ on the papers and by Rafferty LJ following an oral permission hearing.

KM -v- Liverpool City Council & Chief Social Worker of Moray Council [2016] HHJ Butler
Nageena represented the Chief Social Worker of the Scottish local authority in a s21A challenge to KM’s deprivation of liberty. Issues relating to ordinary residence, habitual residence and the roles and duties of the Scottish local authority and a Part 20 claim for a breach of the HRA and damages.

Essex County Council v YN (by her litigation friend the OS & Others and Public Guardian [2016] DJ Eldergill Bulk application case where Nageena acted for the Public Guardian to determine whether a multi-party action could be brought and whether the local authority was entitled to remuneration at the higher rate.

Nottingham City Council v The Chief Constable of Nottinghamshire Police and Police and Crime Commissioner for Nottinghamshire (interested party) [2016] Nageena represented the local authority in a proposed judicial review challenge brought by the Council challenging the decision to disband the City Division of the Police force. Nageena drafted a detailed letter of claim outlining the failure of consultation and/or breach of a legitimate expectation to consult, and/or non-compliance with duty under the Equality Act 2010 which led to reconsideration of the decision.

In the matter of AG [2015] EWCOP 78 Munby P An appeal in the President’s court. Nageena acted for AG via the Official solicitor and was successful in seeking dismissal of the appeal. Guidance as to fact finding hearings in the CoP, adjournments and fluctuating capacity.

R (on the application of) Newman v D&P legal LLP, NHS Commissioning Board, Secretary of State for Health, Lord Saatchi [2015] CO/1708/2015 Newton This judicial review challenge alleged that the NHS commissioning policy was unlawful in that it prevented the provision of an allogenic (donor) transplant for patients diagnosed with multiple myeloma. Nageena successfully resisted the claim on the grounds that the claimant had no standing and had misunderstood the policy in any event.

Wolverhampton City Council v (1) RKS (2) MSS (by his litigation friend, the Official Solicitor) and the BCP NHS Foundation Trust [2015] HHJ Cardinal Nageena was instructed via the Official Solicitor; issues included sufficiency of expert evidence in relation to capacity to marry, sexual relations and contraception and a Forced Marriage Protection Order was successfully obtained.

R (on the application of D) v Cardiff City Council v Cardiff and Vales University Health Board [2015], His Honour Judge Jarman KC Nageena successfully defended a Welsh Local Health Board in relation to a claim that it had unlawfully restricted access to primary health care services alleging breaches of Articles 3 and 8 of the ECHR and discrimination against the Claimant under the Equality Act 2010.

Waghorn v NHS England [2014] COP Newton J Nageena was successful in obtaining an order that the case should be struck out for want of jurisdiction on the basis that the protected party did in fact have capacity.

United Lincolnshire Hospitals NHS Trust v N [2014] EWCOP 16 Pauffley J
An important and leading case on minimally conscious state and best interests, Nageena was instructed by the Official Solicitor to represent the interests of N who had removed her PEG and the doctors could not physically re-insert it. See press coverage here.

Re X (amputation) [2014] MHLO 89 (CA) Laws LJ, Richards LJ and Gloucester LJ
Nageena was instructed by the Official Solicitor at the first instance hearing (before Eleanor King J) and in the Court of Appeal. This urgent case concerned an elderly lady with a diabetic gangrenous foot which required a below knee amputation. The Court refused the appeal and made urgent declarations for treatment to proceed. See press coverage here.

Trust A, Trust B v Ms I (by her Litigation Friend, the Official Solicitor) [2014] Peter Jackson J
Nageena represented Trust A. Ms I was a schizophrenic patient who required serious medical treatment – either a hysterectomy or mesh repair. The case involved both the Mental Health Act and the Mental Capacity Act and issues of restraint and the deprivation of liberty. Best declarations sought by Trust A were granted.

FW v HM (by her litigation friend, the OS) & Birmingham City Council & Birmingham Community Healthcare NHS Trust [2014] Holman J
Nageena represented the mother of a learning disabled young woman who it was alleged was being forced into marriage and who had undergone female genital mutilation. The case required considerable sensitivity in the consideration of capacity, medical evidence and best interests.

Staffordshire CC v Lisa Flaherty  [2013] HHJ Hindley sitting as a Deputy High Court Judge
Nageena was instructed by the local authority seeking closure of a residential home. Overlapping judicial review claim alleging lack of consultation. Nageena argued that the CoP should make a best declaration immediately to move P and that the JR claim was unmeritorious. The Judge made declarations in favour of the local authority and dismissed the JR proceedings.

A Local Authority v (1) Mrs A (by her litigation friend the OS)(2) Mr A [2013] King J 
Nageena represented the local authority and was successful in a public interest immunity application concerning non-disclosure of closed documentation in CoP proceedings.

Stoke City Council v Maddocks (2013) EWHC B31 (COP) [2012] MHLO 111 HHJ Cardinal
Injunctive relief sought due to frequent and flagrant breaches by WM resulting in contempt proceedings and imprisonment. This led to a practice direction in respect of contempt proceedings in the CoP (Munby LJ). See judgment here and press coverage here.

Trust A & Trust C v Ms J & Trust C [2012] Moor J
Nageena represented Trust A in a case where serious medical treatment was required using restraint on a patient detained under the Mental Health Act who lacked capacity. The case examined the interplay between the Mental Health Act and the Mental Capacity Act and the Deprivation of Liberty Safeguards during transportation and treatment at hospitals other than the psychiatric unit.

KC v Leicester City PCT [2011] Moor J
Nageena was instructed on behalf of the patient in a minimally conscious state patient by the Official Solicitor. Best interests’ declarations as to suitable medical treatment.

A PCT & an NHS Trust v CW and others [2010] EWHC 3448. Ryder J
Case concerning an incapacitated adult in Permanent Vegetative State and the withdrawal of artificial nutrition and hydration. Nageena acted for the Trust in a case which required the utmost sensitivity.

A Local Authority v (1) Mrs A (by her litigation friend the OS) (2) Mr A [2010] EWHC 1549 (Fam) Bodey This case considered the test for mental capacity to decide whether to use contraception under s.1(3) of the Mental Capacity Act 2005 where the protected party P had learning disabilities. The Court found that P lacked capacity under the second limb of the test and set out the appropriate test as regards capacity to decide whether to use contraception under such circumstances. Use of the inherent jurisdiction also considered.

R (on the application of Ruth Whapples) v Birmingham Cross City Clinical Commissioning Group & The Secretary of State for Health [2014] EWHC 2647(Admin) Sales J
Nageena was junior counsel representing the claimant with quadriplegia. The issue was whether the defendant CCG had an obligation under section 3 of the National Health Service Act 2006 to provide her with accommodation, as part of the health care package with reference to the continuing healthcare provisions and framework.

Emmanuel v (1) South Gloucestershire Primary Care Trust (2) Family Health Services Appeal Authority [2009] EWHC 3260 (Admin) QBD (Admin) HHJ Pearl Case concerning improper conduct between doctor and patient and removal from performers list. High Court statutory appeal giving rise to guidance on approach to consideration of hearsay evidence.

Inquest cases

Inquest into the death of Ceara Thacker [2018] ongoing
Nageena is representing the University of Liverpool at the inquest into the death of a student.

Birmingham Pub Bombings: [2016] ongoing
Nageena has joined the team representing the families of the victims.

Inquest into the death of Maurice Sands [2018] North Shropshire District Coroner’s Court
Nageena represented the Trust where a patient died of aspiration pneumonia whilst in hospital andpersuaded the coroner to instruct an independent expert. She successfully argued that the insertion of a nasogastric tube accidentally into the pleural space (with no leakage of feed) 4 months earlier was not causative of death.

Inquest into the death of Brandon Rayat [2017] Leicester Coroner’s Court 
A 15 year old victim of cyber bullying. Adverse findings of fact by the coroner enabled the family to seek redress for systemic failings and lack of adequate mental health care provision. Judgment here and press coverage here.

Inquest into the death of Bonnie Armitage [2017] Gloucester Coroner’s Court 
Death of a 9 year old child on the Cotswold Hunt. Nageena acted for the local authority who investigated a potential prosecution for breach of health and safety legislation. Reportable death under RIDDOR.

Inquest into the death of Shanay Walker [2017] Nottingham Coroner’s Court 
Death of a 7 year old girl. Multiple agencies: education, social services, CAMHS, acute medical and paediatric services, CAFCASS and the police; related criminal proceedings. The inquest considered the findings of a serious case review; narrative conclusion. Nageena represented CAMHS.

Inquest into the death of Joshua Collinson [2017] South Staffordshire District Coroner’s Court Nageena represented the primary health care Trust providing medical services within a prison where the issue was the quality of healthcare. This involved scrutiny of various health and prison policies including self harming and suicide risk, identification of bullying, psychiatric services, diagnosis and issues of medical causation.

In the Court of Appeal (civil division) 2016/0002: R v The Queen (on the application of Nicola Wiggins) v H.M. Assistant Coroner for Nottinghamshire & Governor of HMP Ranby [2015] All ER (D).Divisional Court Davies LJ and Ouseley J
Nageena successfully represented the Coroner in this judicial review relating to decisions as to jury directions, causation and adjournment.

The inquest touching upon the death of Czelaw Minkler [2016] Bristol Coroner’s Court
Involving the death of an elderly man suffering from dementia. Mr Minkler was a former Olympic international wrestler who fell whilst in a care home where he was deprived of his liberty. Issues as to inadequate provision of care. Nageena represented the family and a civil claim has followed.

The inquest concerning the death of Iris Chapman [2015] Grimsby Coroner’s Court 
This was the one of the first Article 2 inquests into the death of a person who was deprived of their liberty under a Deprivation of Liberty standard authorisation (DoLS). Nageena represented the family of a resident in a care home deprived of her liberty. Issues as to whether there had been system neglect and corporate manslaughter arose. A detailed narrative verdict was handed down.

Inquest touching upon the death of Luisa Mendes [2015] Warwickshire Coroner’s Court 
Nageena was instructed on behalf of the former partner of the deceased and who lacked capacity. Article 2 inquest with a jury: systemic failings by police in failing to respond to 999 calls identified in the IPCC investigation. Press coverage here.

The inquest concerning the death of Raymond Hayes [2015] Staffordshire Coroner’s Court 
Article 2 prison suicide case where Nageena represented the mental health staff.

Inquest into the death of Aaron Edmondson [2015] Birmingham Coroner’s Court
Death of a former inmate of a prison whilst released. Old gunshot injury which led to sepsis and death. Failure of hospital to provide adequate medical care. Undiagnosed diabetes giving rise to a civil claim.

Inquest into the death of Mohammed Zabeer [2014] North Shropshire District Coroner’s Court
Nageena represented the primary health care trust providing medical services within a prison in a case where a central issue was the quality of psychiatric care. This involved scrutiny of various health and prison policies including self harming and suicide risk and the interrelationship between primary and secondary healthcare and psychiatric services, diagnosis and issues of medical causation.

Inquest into the death of Dana Baker [2014] Worcestershire Coroner’s Court
Nageena acted for the parents of a child 16-year old Dana who was placed in foster care by the local authority following allegations of sexual abuse by her former karate instructor who was convicted. Nageena secured unprecedented disclosure of material to the parents from the Serious Case Review to allow effective Article 2 participation of the family.

Inquest into the death of Kieron Dowdall [2014] Staffordshire South Coroner’s Court
Nageena represented the Trust responsible for the provision of health care services within the prison in this Article 2 prison death inquest. The role of various health providers and systems in detecting and correcting deficiencies in the Trust’s service was a central issue.

Inquest into the death of Jason Dance [2013] Derby Coroner’s Court
Nageena represented a paramedic working for the ambulance service. Preliminary issues concerning the scope of the inquest and whether Article 2 was engaged were successfully resisted. The inquest involved consideration of extensive factual evidence and complex medical issues relating to causation and whether earlier intervention would have prevented an alcohol related death.

Robinson v HM Coroner Staffs and Mid Staffordshire NHS Foundation Trust [2013]
This case was reviewed in the Mid Staffordshire NHS Trust Public Inquiry in 2010 following which there was a High Court challenge to quash the coroner’s decision. The inquest concerned failure to diagnose an internal injury following a road traffic accident. Nageena represented the Coroner in the subsequent fiat application.

Inquest into the death of Ryan Senior [2013] Birmingham Coroners Court
Nageena represented a surgeon at the inquest into the death of a child, 16 year old Ryan during a routine surgical procedure. Nageena cross examined several medical experts on detailed and complex surgical, anaesthetic and medical evidence achieving good outcome for her client who was wrongly impugned. No finding of neglect in respect of the surgical care.

Inquest into the death of Nicholas Saunders [2012] Shropshire Coroner’s Court
Article 2 inquest, death in custody. Submissions and argument on self-incrimination, hearsay evidence successfully argued by Nageena.

Inquest into the death of Frank Thompson [2011] South Staffordshire Coroners Court
Nageena represented the family where the deceased had been left in the A&E area with clear symptoms of cardiac arrest and pulmonary embolism but was not attended to despite repeated requests for urgent help. This inquest was heard during the Mid Staffordshire NHS Trust Public Inquiry. A verdict of neglect was secured followed by a successful civil action.

Inquest into the death of Lesley Vines [2010] Birmingham Coroner’s Court
Nageena represented the local authority in an inquest which involved many agencies including other local authorities, strategic health authorities, the CQC, doctors and nurses. The death of an elderly man in a residential nursing home, post-shipman was of particular concern to the family because the use of morphine based medication.

TRAINING & SEMINARS

Nageena regularly lectures on public law and human rights issues and organises several national conferences on topical issues including judicial seminars nationally and a World Human Rights Day Conference in conjunction with CEPLER, Berwin Leighton Paisner, Birmingham Law School, the Law Society and the Bingham Centre. Other chairing and/or speaking engagements include:

• Speaker at Royal College of Obstetrics & Gynaecology national conference 2016
• Speaker at the Scottish Government and Chief Social Worker conference 2017
• Migrant Organise April 2018 (invited as guest speaker by MO and UCL; incapacity in the immigration and asylum context)
• Brain Injury group – four annual conferences as Chair and speaker 2018-2019
• MDU guest speaker on deprivation of liberty December 2018
• Mental capacity and obstetrics and anaesthesia – Sept 2018 East Anglia Obstetric Anaesthetist’s Society annual conference
• Obstetric Anaesthetists’ Association annual meeting May 2019 (400-500 delegates)

RECOMMENDATIONS

Nageena is ranked as a leading barrister in five separate directory sections; Court of Protection and Community Care, Public Law, Civil Liberties, Inquests and Inquiries and Clinical Negligence.

Chambers & Partners 2023

Court of Protection, Administrative & Public Law, Civil Liberties and Inquests

“immensely knowledgeable and very down to earth”

“she can cut through aggressive and tricky opponents with ease”

“she is superb: flawless, natural born advocate”

The Legal 500 2021

Court of Protection, Public Law, Inquests and Inquiries

“superb attention to detail, combined with practicality and directness;”

Other recent directory editorial has included the following:

• very forthright and persuasive;
• she is always reliable, a strong advocate and a joy to work with;
• measured, well put together in her submissions and a fantastic opponent;
• she is approachable and pragmatic whilst being extremely tactically astute;
• her advocacy is very persuasive;
• the complete package. She’s amazingly user-friendly and she just ‘gets’ the cases straight away. It all seems very effortless because she’s always prepared to the nth degree – she’s read everything, knows everything and has thought about it from every angle;
• very personable, very straight-talking;
• she communicates extremely well with vulnerable clients and builds a rapport;
• reliable in her advice and able to turn around huge volumes of work very quickly;
• she has a tremendous capacity for breaking the complex down into the simple;
• very approachable, extremely supportive to juniors and works collaboratively;
• her court manner is wonderful – she’s a really good advocate;
• always prepared to the ‘nth’ degree, she thinks about all the angles, all possible arguments and she knows everything; she makes cases seem effortless;
• she has great attention to detail and is very friendly and approachable;
• is hardworking and driven by helping the most vulnerable of society. Nageena always acts with integrity;
• approachable and pragmatic whilst being extremely tactically astute;
• combines gravitas, legal knowledge, and great client care;
• she gets straight to the point;
• great to work with, very knowledgeable and strong on Court of Protection matters;
• client and solicitor friendly and goes out of her way to ensure we can collectively do the best for the client;
• approachable and pragmatic whilst being extremely tactically astute;
• combines a relaxed approach with extensive legal knowledge;
• very approachable and responsive;
• she is an excellent advocate who is tenacious and will not let a good point go;
• she has technical excellence and can distil legal and medical issues into clear and unambiguous advice;
• she is a very, very good advocate;
• a safe pair of hands;
• she’s really good at teasing out the evidentiary and factual issues;
• a fierce advocate;
• she is very quick at identifying the contentious and important issues in a case;
• easy-going nature belies exceptional technical legal knowledge and advocacy skills;
• very helpful;
• her written work is unparalleled;
• she is a go-to barrister for complicated matters;
• due to her breadth of knowledge across negligence, public law and Court of Protection work, she’s really helpful on novel and unusual cases;
• she has such a human approach and can put people at ease instantly;
• her advocacy is lustrous and tenacious;
• she brings her medical knowledge and the human touch to cases;
• very approachable;
• she’s down-to-earth;
• excellent with clients;
• she’s willing to consider all areas of a case and to take the fight to the opposition;
• very thoughtful on her feet;
• develops good relationships with clients;
• she’s reliable in her advice and is able to turn around huge volumes of work very quickly;
• she is really good at examining vulnerable witnesses in very high-level cases and will give advice on complicated issues on an urgent basis;
• extremely thorough and able to identify issues very quickly;
• she is very perceptive and painstaking;
• very hard-working and effective;
• she has a tremendous capacity to break the complex down into the simple;
• has a sharp analytical mind;
• Nageena is fantastic;
• a really knowledgeable barrister who has complex case law at her fingertips;
• is able to spot the key issues in a case and drill down through the detail to identify the crucial aspects;
• an excellent barrister who will go the extra mile;
• knows her way round the NHS;
• thorough, and delightful with clients;
• her knowledge of the healthcare sector is second to none;
• grasps the real issues, identifying and analysing them with both knowledge and common sense;
• an excellent advocate;
• she is very approachable, mentally agile and determined;
• takes very complex situations and makes them seem straightforward;
• she’s very personable and she works in a collaborative way;
• technically strong, makes the client feel relaxed and conveys her views to the court very well;
• nothing is too much for her, and she has the ability to balance legal expertise with pragmatism;
• she’s very personable and she works with you in a collaborative way;
• excellent practical and down-to-earth advice;
• brilliant knowledge of very complex Court of Protection issues;
• she is very, very good and has a very good reputation;
• very good advocate;
• very tenacious in putting the client’s case forward;
• personable and empathetic;
• her written style is very clear;
• she’s very easy to talk with and get advice from;
• able to find a sensible path through complicated cases;
• she’s both sensitive and extremely competent at getting down to the issues and being practical and pragmatic;
• strong draw card;
• she is absolutely fantastic;
• unpretentious and unflappable on her feet;
• her knowledge of the healthcare sector is second to none;
• she instils confidence in clients;
• her written work is unsurpassed;
• a silk who fights her client’s corner;
• she’s very assured, very composed and really knows what she’s talking about;
• a recommendation for both claimants and defendants;
• she brings a rounded knowledge to niche areas;
• hugely knowledgeable; and
• a persuasive, articulate advocate who provides insightful and pragmatic advice

Privacy

Nageena adopts and adheres to the provisions of the privacy notice which can be accessed here.

For further details of Nageena’s practice please click on the links to the left or contact a member of the clerking or client service team.

Bar Council Membership No: 32162
Registered Name: Nageena Khalique
VAT Registration No: 936307617