Aliya Al-Yassin

Aliya practises in all areas of public law and human rights, including judicial review proceedings and claims under the Human Rights Act 1998.

Aliya’s recent work in this field includes:

• Al-Haq v Secretary of State for Business and Trade – acting for the Claimant NGO in a widely-reported judicial review challenge in the High Court to UK Government decisions to continue granting licences for the export of military equipment to Israel in the context of the war in Gaza (led by Phillippa Kaufmann KC and Blinne Ní Ghrálaigh, alongside Zac Sammour). Aliya appeared as sole counsel in an interim hearing.
• NSK v United Kingdom – acting for the Claimant in a challenge before the European Court of Human Rights concerning the Rwanda removal policy (led by Raza Husain KC and Phillippa Kaufmann KC, alongside Christopher Knight and Hannah Slarks).
• Kyriacoi v Secretary of State for Levelling Up, Housing and Communities – successfully representing the Secretary of State as the High Court refused permission for a judicial review challenge to voter ID requirements (led by Julian Blake).
• Ben Bradshaw MP and others v United Kingdom – a challenge before the European Court of Human Rights concerning the UK’s failure to investigate alleged Russian interference in UK elections (as a pupil, assisting Christopher Knight).
• Care North East Northumberland v Northumberland County Council [2024] EWHC 1370 (Admin); [2024] ACD 88– successfully defending a judicial review challenge in the High Court to local authority care home fee-setting (led by Joanne Clement KC).

Aliya also gained considerable exposure to public law and human rights issues as a Judicial Assistant at the Supreme Court, including in:

• Chandler v The State (No 2) [2022] UKPC 19 (on the constitutionality of the mandatory death penalty for murder in Trinidad and Tobago).
• Re the Abortion Services (Safe Access Zones) (Northern Ireland) Bill [2022] UKSC 32 (on the right to protest and ‘safe access zones’ in Northern Ireland).
• PWR v Director of Public Prosecutions [2022] UKSC 2 (on the scope of the offence in section 13 of the Terrorism Act 2000 and its compatibility with the right to freedom of expression).

While at the Supreme Court, Aliya was also appointed UK Focal Point to the European Court of Human Rights’ Superior Courts’ Network, in which capacity she provided assistance to the Strasbourg court on matters of English law.

Aliya practises across the full range of commercial and statutory employment law.

Recent experience in commercial employment  includes:

• Former CEO/Team Principal v Leading F1 Team – Defending a leading F1 team against a multimillion pound High Court employment and shareholding dispute brought by its former CEO/Team Principal (assisting Daniel Stilitz KC and Ruth Kennedy).
• Gagliardi v Evolution Capital Management LCC [2023] EWHC 1608 (Comm) – application to the High Court for the first post-Brexit anti-suit injunction enforcing an employee’s right to be sued in England (assisting Daniel Oudkerk KC and Amy Rogers).
• A High Court employee competition claim involving allegations of a team move orchestrated by a senior broker (as a pupil, assisting Amy Rogers).
• Proceedings threatened by certain entities complaining that a bank’s decision to close accounts was discriminatory (as a pupil, assisting Amy Rogers).

Recent experience in statutory employment includes:

• Lapinski v Triton Investments Advisers LLP and Others 2206435/2022 (ET) – challenge to the international jurisdiction of the Employment Tribunal in a cross-border discrimination dispute (as a pupil, assisting Daniel Stilitz KC).
• Melki v Bouygues E and S Contracting [2024] EAT 36; [2024] ICR 803 – acting for the Claimant (pro bono) in the first case to consider the application of the EAT’s new power to extend time under amended EAT rule 37(5) (led by James Goudie KC, alongside Oliver Mills).
• Acting as sole counsel for claimants and respondents in several cases before the Employment Tribunal involving unfair dismissal, discrimination, and other statutory claims.

While at the Supreme Court, Aliya gained experience of employment law issues, including in, for example, Harpur Trust v Brazel [2022] UKSC 21 (on part time and zero hours holiday pay).

Aliya practises in a broad range of commercial litigation.  Aliya also has significant experience in commercial litigation from her time as a solicitor in Slaughter and May’s Disputes and Investigations team.

Recent highlights of Aliya’s work in this field include:

• Major Professional Services Firm v Former Partner – acting for a former partner in an LCIA arbitration brought by a major professional services firm to enforce post-termination restrictions in the LLP deed (led by Jane McCafferty KC and Simon Forshaw KC).
• Cardiff City Football Club v English Football League – arbitration arising out of a failure to pay the transfer fee of Emiliano Sala on time (as a pupil, assisting Ruth Kennedy).
• Gagliardi v Evolution Capital Management LCC [2023] EWHC 1608 (Comm) – application to the High Court for the first post-Brexit anti-suit injunction enforcing an employee’s right to be sued in England (as a pupil, assisting Daniel Oudkerk KC and Amy Rogers).
• A High Court employee competition claim involving allegations of a team move orchestrated by a senior insurance broker (as a pupil, assisting Amy Rogers).
• Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd [2020] EWHC 2930 (recognised as one of The Lawyer’s Top 20 Cases for 2020) – acting for the Defendants in a jurisdiction challenge relating to claims brought by over 200,000 claimants arising out of the collapse of the Fundão Dam in Brazil. The claim is considered to be the largest group action ever in English legal history (as a solicitor at Slaughter and May, in a team led by Efstathios Michael).

Aliya practises in private international law.  She has a particular interest in cases with an international element.

Recent highlights of Aliya’s work in this field include:

• Gagliardi v Evolution Capital Management LCC [2023] EWHC 1608 (Comm) – application to the High Court for the first post-Brexit anti-suit injunction enforcing an employee’s right to be sued in England (as a pupil, assisting Daniel Oudkerk KC and Amy Rogers).
• Lapinski v Triton Investments Advisers LLP and Others 2206435/2022 (ET) – challenge to the international jurisdiction of the Employment Tribunal in a cross-border discrimination dispute (as a pupil, assisting Daniel Stilitz KC).
• Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd [2020] EWHC 2930 (recognised as one of The Lawyer’s Top 20 Cases for 2020) – acting for the Defendants in a jurisdiction challenge relating to claims brought by over 200,000 claimants arising out of the collapse of the Fundão Dam in Brazil. The claim has been described as the largest group action ever in English legal history (as a solicitor at Slaughter and May, in a team led by Efstathios Michael).

As a Judicial Assistant at the Supreme Court, Aliya gained exposure to cases raising private international law issues, including in:

• The Soldiers, Sailors, Airmen and Families Association – Forces Help and another v Allgemeines Krankenhaus Viersen GmbH [2022] UKSC 29 (on the overriding effect of the Civil Liability (Contribution) Act 1978).
• Cairo (Nile Plaza) v Brownlie [2021] UKSC 45 (on the application of the presumption of similarity concerning foreign law and the proper scope of the tort gateway for service out of the jurisdiction).

Aliya practises in all areas of information and data protection law, including claims under the UK GDPR / Data Protection Act 2018 and appeals under the Freedom of Information Act 2000.

Recent experience in data protection and privacy includes:

• Proposed privacy claims in the context of wider civil fraud proceedings against a deceased oligarch worth billions of dollars (led by Robin Hopkins).
• FKJ v RVT [2023] EWHC 3 (KB) – privacy claim involving significant WhatsApp hacking allegations and counterclaims for malicious prosecution (as a pupil, assisting Christopher Knight).
• Hurbain v Belgium (application no. 57292/16) (European Court of Human Rights) – the right to be forgotten in the context of digital press archives (as a Judicial Assistant and UK Focal Point to the European Court of Human Rights’ Superior Courts’ Network).

Recent experience in Freedom of Information includes:

• Montague v Information Commissioner and Secretary of State for International Trade (appeal to the Supreme Court pending) – appeal concerning the aggregation of public interest factors in non-disclosure of information (as a pupil, assisting Christopher Knight).
• Cabinet Office v Information Commissioner and Tommy Sheppard MP  – Upper Tribunal appeal concerning a request for polling information on attitudes to the Union (as a pupil, assisting Raphael Hogarth).
• Acting for requesters and the Information Commissioner in several appeals before the First-tier Tribunal.

Aliya accepts instructions from economic operators and authorities in cases involving the application of the procurement and subsidy rules. She is currently acting for the Defendant in R (Cambrian Offshore South West Ltd) v Norfolk County Council (led by Jason Coppel KC) which will be the first English case to determine what gives a “public works contract” its character.

Aliya accepts instructions in all areas of sports law.

Recent highlights include:

• Defending a leading F1 team against a multimillion pound High Court employment and shareholding dispute brought by its former CEO/Team Principal (assisting Daniel Stilitz KC and Ruth Kennedy).
• An arbitration arising from Cardiff City FC’s failure to pay the transfer fee of Emiliano Sala on time (as a pupil, assisting Ruth Kennedy).

Aliya accepts instructions in all areas of Public International Law.

Recent highlights include:

• ICJ Advisory Proceedings on the Right to Strike – Aliya is instructed by the International Trade Union Confederation in the advisory proceedings before the International Court of Justice on whether the right to strike of workers and their organisations is protected under ILO Convention 87 (led by Professor Philippe Sands KC).
• Al-Haq v Secretary of State for Business and Trade – Aliya acts for the Claimant in an ongoing judicial review challenge in the High Court to UK Government decisions to continue granting licences for the export of military equipment to Israel, including on the ground that the conclusion that there was no clear risk that items would be used to commit or facilitate serious violations of international humanitarian law was irrational (led by Phillippa Kaufmann KC and Blinne Ní Ghrálaigh, alongside Zac Sammour).Aliya appeared as sole counsel in an interim hearing