Nageena Khalique KC

Call 1994 | Silk 2015

Nageena Khalique KC | Call 1994 | Silk 2015

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Overview

Nageena is a renowned silk with expertise in a wide range of medical and public law including health, social care, the Court of Protection and inquests. Her courtroom advocacy has been described in the legal directories as “lustrous and tenacious”, “superb” and “flawless” and her past experience as a hospital  Registrar specialising in maxillofacial surgery gives her “technical excellence”. Clients cited by Chambers & Partners note that “She is absolutely fantastic. She’s very assured, very composed and really knows what she’s talking about”

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

Appointed Deputy High Court Judge 2023

“A phenomenal advocate, who is also extremely client friendly.”
The Legal 500 

EXPERIENCE & EXPERTISE

Nageena is a first class barrister, and a highly respected, accomplished silk who is renowned for her expertise in the fields of health and social care, with extensive experience in the Court of Protection, Coronial Law and Public Law. She is also very highly regarded for depth and breadth of knowledge in civil liberties and human rights law cases.  She is regarded as an extremely skilled tenacious strategist and respected for her unswerving commitment to get the best outcome for her clients.

Nageena was formerly a hospital dentist having worked as a Registrar in Oral & Maxillofacial Surgery in NHS hospitals prior to embarking on her legal career, bringing with her detailed knowledge of all aspects of medical practice and the workings of the NHS.

She appears regularly in the Court of Protection in a significant number of leading serious medical treatment cases on behalf of a variety of parties such as the Official Solicitor, local authorities, hospital Trusts, ICBs and other public bodies. She has an outstanding reputation in this field, with expertise in wider complex issues including cross border jurisdiction and the overlap with public law, where there may be resource implications in conflict with ‘best interests’ considerations. Nageena also has a successful property and affairs practice, especially around removal of deputies, including negligence claims and bond encashment in cases of high net worth.

Nageena also appears in the Family Division of the High Court in complex medical cases concerning babies and children and is frequently instructed in tricky cases where there may be a deprivation of liberty of young person, issues around delayed hospital discharge, secure  or non-registered OFSTED accommodation, funding disputes for NHS continuing healthcare, complex mental health issues or lack of provision of suitable accommodation and care.

In Public and Administrative law Nageena is regularly instructed in complex judicial review, unusual and high profile cases, often involving civil liberties and human rights. She covers all aspects of health and social care, NHS and private care arrangements, funding disputes between public bodies, NHS 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 knowledge of public law has extended to other areas of administrative law, including challenging decisions of local authorities and the police force not to utilise powers available to them to remove protesters from the highway, and cases where there was a failure to engage in proper consultation by the police before rationing services.

Nageena has a superb reputation and is considered a ‘safe pair of hands’ in high profile, tricky Article 2 and challenging jury inquests, by a range of clients including families, public bodies, universities, organisations, corporate and state entities and medical professionals. Cases include domestic homicide,  the Birmingham Pub bombings, deaths in custody and psychiatric settings, accidents at work (RIDDOR), deaths due to clinical failings, and child deaths. She has also advised and represented coroners (and other parties) in related judicial review and fiat claims.

Nageena has been instructed on multiple 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. She also has experience in relation to group actions having been junior counsel on the Oral Contraceptive Pill Group Litigation.

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.

appointments

  • Call to the Northern Ireland Bar 2015
  • Appointed as a Deputy High Court Judge in January 2023
  • Chair of the NICE Guidelines Committee: “Supporting decision-making for people who may lack mental capacity” published on 3 October 2018
  • Chair of the NICE Guidelines Committee producing guidelines: “Safeguarding adults in care homes” published in 2020
  • Appointed by NICE to sit on their Quality Standards Advisory Committee (QSAC)
  • 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
  • Assistant Coroner 2017 for the Birmingham & Solihull District in 2017

Publications

  • Co-author 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 published by Bloomsbury Professional in 2022.
  • Co-author of Chapter on the legal aspects of medical care in “Essentials of Physical health in Psychiatry” (due to be published 2023)
  • Co-author of guidance on Cross Border & Jurisdictional Issues for Adults with Incapacity for the Chief Social Worker of Scotland 2018
  • Author Chapter on Mental Health in Children & Young People in Clarke Hall & Morrison.
  • Contributor/author on Q&A publications and an expert panel member for LexisNexis: Court of Protection/ Public Law
  • Editorial publication: Journal for Oral & Maxillofacial Surgery in “Informed Consent” [2015]
  • Author Enabling Potential: Achieving a New Deal for Children with Cerebral Palsy report published in January 2015 by Paul Maynard MP with ACP. Nageena’s written submissions, provided a public law perspective, and she presented further oral submissions (at the Parliamentary Inquiry into cerebral palsy and the impact of the SEND reforms and Children & Families Act 2014 on behalf of ACP) were cited in the report.

Mediation

As an ADR trained mediator, Nageena is frequently called upon to apply her negotiation and mediation skills. Examples of this work include the following:

  • Mediated two NHS funding disputes (continuing healthcare in an adult and a child case) and recommendations were binding where previous negotiations had faltered
  • Family dispute: issues relating to treatment options for a child
  • Negligence claim (failure to carry out tests/scans where baby was still born)
  • Dispute regarding case of young man dying from leukaemia and hospital refusal to provide further treatment
  • Chairing experience: As independent Chair of the NICE guideline committees 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) 1986
  • LDSRCS (Royal College of Surgeons England) 1986
  • Diploma in Vocational Training (London University) 1987
  • Diploma in Law (Highly commended) City University, London 1993
  • Licensed for direct access work
  • ADR trained mediator
  • Bencher at Gray’s Inn
  • Gray’s Inn Advocacy Trainer & Scholarship Committee Member

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, 2019
  • 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 in the legal directories for all areas of her practice including Administrative & Public Law, Civil Liberties,  Inquests and in the Court of Protection (Band 1 silk).

Chambers & Partners 2023
“her advocacy and written work are superb”
“immensely knowledgeable and very down to earth”
“she can cut through aggressive and tricky opponents with ease”
“she is superb: flawless, a natural born advocate”
“Nageena is absolutely brilliant. She is superb”
“Nageena is an excellent barrister, and her written submissions are considered and detailed” “Her advocacy is very persuasive. She is often instructed on cases at the cutting edge and provides very useful insight into recent judgments and state of law”
“superb attention to detail, combined with practicality and directness”

Other recent editorial recommendations:

  • She is a go-to barrister for complicated matters.
  • her written work is unparalleled, and shes really good at teasing out the evidentiary and factual issues;
  • she is an excellent advocate who is tenacious and will not let a good point go;
  • she is approachable and pragmatic whilst being extremely tactically astute;
  • she has superb attention to detail, combined with practicality and directness;
  • very forthright and persuasive.
  • always reliable, a strong advocate;
  • a joy to work with;
  • her written work is unsurpassed;
  • Nageena is fantastic – her knowledge of the healthcare sector is second to none, she’s very personable and she works in a collaborative way;
  • Nageena is measured, well put together in her submissions and a fantastic opponent.
  • she gets straight to the point;
  • she’s reliable in her advice and is able to turn around huge volumes of work very quickly;
  •  she has a tremendous capacity to break the complex down into the simple. She has such a human approach and can put people at ease instantly;
  • 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;
  • is hardworking, driven by helping the most vulnerable of society…always acts with integrity;
  • very forthright and persuasive;
  • she is always reliable, a strong advocate and a joy to work with;
  • she is immensely knowledgeable and very down to earth;
  • due to her breadth of knowledge across negligence, public law and Court of Protection work, she is really helpful on novel and unusual cases;
  • always prepared to the nth degree, she thinks about all the angles, all possible arguments and she knows everything; she makes cases seem effortless;
  • her advocacy is lustrous and tenacious;
  • 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; and
  • a phenomenal advocate, who is also extremely client friendly.

REFLECTIONS

Compassion and understanding are as important as forensic analysis and intellect.  My approach to cases is holistic because the law cannot work in a vacuum. I never underestimate the importance of rigorous preparation and I try to combine logic and intelligence with being approachable and compassionate, as much of my work involves sensitive and difficult issues. I never forget how important the case is to my clients.

My past life as a hospital dentist gives me a unique insight to medical law.  Before coming to the Bar I was a Registrar in Maxillofacial Surgery treating patients who had oral cancer or traumatic facial injuries. That experience has been invaluable. Apart from a detailed understanding of human anatomy and many medical and surgical procedures, I understand what it was like to work in the NHS, and the problems faced by clinicians and patients alike. This can lead to incisive cross-examination or persuasive arguments which will tip a judgment in my client’s favour.

I am instinctively a problem-solver.  I will always try and find the best solution to a problem in any case. In doing so I take an accessible, team-focused approach with my instructing solicitors, who bring a wealth of knowledge and experience to any case, and of course the lay-client too. Sometimes, the answer will be obvious but it may also lie in an unexpected place. I think creatively and beyond the predictable. And I never stop learning.

“I try to combine logic and intelligence with being approachable and compassionate”

My key qualities of integrity, tenacity and fearlessness serve me very well as an advocate.  Contrary to popular belief, a barrister does not have to be bullish or aggressive. The different areas of my practice demand that I adjust my approach to suit, but I will always do my utmost to achieve the best result for my client.  One of my favourite quotes is from Theodore Roosevelt, the man in the arena (okay change that to woman!): “It is not the critic who counts; not the man who points out how the strong man stumbles….the credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly….in a worthy cause…”

A long and varied career has enriched my practice. I spent the first few years schlepping around the country doing criminal law followed by employment, family law personal injury, clinical negligence, regulatory and licensing. All of this has fine-tuned my advocacy skills but also taught me how to get to grips speedily with new facts and sometimes new areas of the law. Essentially my work now encompasses anything to do with health and community care, medical law and professional regulation – I might cross examine a doctor in a clinical negligence case, represent a nurse before her regulatory body or explore life and death issues in the Court of Protection or Coroners’ Court.

During a career spanning almost a quarter of a century I have acted for claimants, defendants and interested parties. Undoubtedly this gives me a distinct advantage because I understand a case from all angles and it gives me a balanced perspective. This means I can give insightful and practical advice and make savvy tactical decisions.

Privacy

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

FURTHER INFORMATION

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