Who? Nusrat Zar, partner, Herbert Smith Freehills, London.
Why is she in the news? The firm represented intervener Public Law Project at the Court of Appeal, which found the government had wrongly used ‘Henry VIII’ powers to pass protest legislation.
Thoughts on the case: ‘PLP has longstanding concerns regarding Henry VIII powers. These were amplified when the former home secretary sought to use these powers to make an amendment to anti-protest laws that parliament had previously had an opportunity to consider and had rejected. This use of Henry VIII powers was particularly egregious given that it affected not just a commonplace issue, but a fundamental right.
‘The Court of Appeal agreed with Liberty and PLP’s position that the Public Order Act’s wording of “serious public disorder, serious damage to property or serious disruption to the life of the community” is intended to set the threshold for police intervention at a relatively high level. The court also agreed with Liberty and PLP’s concerns about the way that Henry VIII powers had been used, as well as PLP’s argument that parliament did not intend to give the secretary of state these powers.
‘In PLP’s view, for her decision to stand would have set a concerning precedent in respect of parliamentary sovereignty. Given its considerable expertise in secondary legislation, PLP was pleased to support Liberty in this case and delighted that Liberty has won at both the High Court and the Court of Appeal.’
A Home Office spokesperson said: ‘The court has ruled that specific regulations made by the previous government were unlawful. However, the central powers currently used by policing to manage protests and ensure that they remain peaceful are not affected by this judgment.’
Dealing with the media: ‘There was considerable media interest in the case at both High Court and Court of Appeal stages, given the constitutional implications and the public interest in protest rights. PLP are very experienced at managing media interest in court cases, and we benefited from their support in dealing with this.’
Why become a lawyer? ‘I was keen to pursue a career where I could apply the intellectual rigour of my law degree with the practical experience of working alongside clients and a team to resolve disputes.’
Career high: ‘Leading the fantastic public law team at Herbert Smith Freehills over the past year, and seeing alumni from the team progress to diverse and rewarding careers, including our own Shameem Ahmad (chief executive of Public Law Project)’.
Career low: ‘Sometimes having to inform clients that while their case has merit, it’s unlikely to be successful in court – that doesn’t get easier to explain over the course of my career.’
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