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Smita Shah


Practice

Smita's practice combines all aspects of Children law and an ongoing commitment to human rights.

Smita's practice is premised upon:

  • The highest level of client care; whether lay or professional.
  • Rigorous preparation in fact and law
  • Commitment to publicly funded work

She has developed a particular skill in public and private law Children Act 1989 and ancillary matters such as domestic violence.

Public Law
Smita regularly acts for Guardians, Parents and Local Authorities. She has an expertise and experience in;

  • Complex and conflicting expert and medical evidence
  • Adoption, placement and old freeing applications
  • Acting for teenage parents and child clients
  • Clients with complex needs such as mental health and disabilities
  • Confidentiality and disclosure points
  • Where there are concurrent criminal proceedings

Private law
Smita represents both parents and children in private law. She regularly appears in cases which include:

  • All s. 8 Children Act 1989 matters
  • Appointment of rule 9.5 guardians
  • Enforcement procedures, whether involving High Court Tipstaff or s. 33/34 of Family Law Act 1986
  • Use of expert/medical evidence
  • Applications including a foreign element in residence or contact
  • The role of Local Authorities in private law proceedings
  • Allegations of abuse and harm.

Domestic Violence
Smita continues to carry out all Part IV Family Law Act 1996 cases and to represent all; survivors and perpetrators of domestic violence.
She has delivered a seminar to legal professionals in Chambers on Domestic Violence and housing in 2004.

Project Work
Smita's ongoing project work include, recently returning from Ramallah, Occupied Palestinian Territories after a 3 month placement for the Bar Human Rights Committee. Smita worked with the local bar association to build the capacity of local lawyers to utilize United Nations Human Rights mechanisms.

She continues to work with Justice for Colombia having taken part in a fact-finding mission for them between 12th-20th May 2006 and contributing to the delegation report. Her contribution focused particularly on situation faced by women during the conflict.

She is a member of the Legal Team at the Kurdish Human Rights Project, actively undertaking litigation to the European Court of Human Rights.

Publications and Educational Activities
Smita is a Youth and Student Speaker for Amnesty International UK, she is regularly asked to speak at schools and Universities.

Smita was a visiting lecturer to the University of North London since March 2002 and then latter London Metropolitan University from September 2003 until August 2006. She taught Refugees and Human Rights and an innovative seminar entitled the Legal Regulation of Conflict to postgraduate students.

She was appointed as a Teaching Assistant to the Human Rights law Clinic while studying at Columbia Law School, New York from 2002-2003, she supervised litigation to the Inter-American Commission of Human Rights on behalf of detainees in Guantanamo Bay, Cuba.

She has presented a paper on 'Accountability for Gendered Violence in Transitional Justice' at a Conference at Bristol University on 15th September 2004.

Societies
Amnesty International UK, Amicus, FLBA, CUCL

President of Inner Temple Student Association 2001-2002

Education Team, Inner Temple Junior Bar Association 2003-2005

Background
Smita's progression into Family Law stems from an interest in women's rights and social justice. She had previously worked for Amnesty International in their section offices in New Zealand, Thailand and with affiliated activists in Malaysia during the notorious Anwar Ibrahim trial; upon her return to the UK she worked with the Middle East Team at the International Secretariat. Her association with the organization remains.

She has continued her work with the Kurdish Human Rights Project amongst other smaller Non-Governmental organisations.

It all began many years ago with an internship to the South Carolina Post Conviction Defender Organisation undertaking death penalty work with them one humid summer buffeted by hurricanes, the Klu Klux Klan burning churches and an execution. She has additionally work for the Innocence Project in Louisiana where she drafted an amicus brief for them.

 

 

(Last Updated: September 2009)

 Smita Shah

Year of Call
2002

Education
LLB(Hons), MA Understanding and Securing Human Rights (London) LLM International and Comparative Law (Columbia, New York)

Send Email

Telephone
020 7993 7850

Practice Areas
Smita Shah is a member of the following Practice Areas:
- Family
- International Advice and Litigation

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