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Provided by Zia Nabi
Housing, Social Welfare and Property
Court of Protection & Mental Health
Administrative & Public Law
Children's Rights
Discrimination
Anti-Trafficking
Education
Artificial Intelligence
Zia is a highly experienced public and civil lawyer specialising in judicial review, statutory appeals, community care, children and the Court of Protection. Issues of fairness and access to justice are at the heart of his work. Most of his cases are concerned with the rights and interests of the most vulnerable and marginalised members of society.
Zia has been involved in numerous reported cases at all levels including the Supreme Court and the European Court of Human Rights. He has been involved in many strategic test judicial reviews including systemic challenges.
Zia is a specialist in the Equality Act 2010 and has appeared for Claimants in some of the most significant homelessness, allocations and possession cases considering discrimination and the public sector equality duty.
Zia is instructed by the Official Solicitor, local authorities and NHS Trusts in cases involving deprivation of liberty, residence and capacity disputes. He is also instructed in damages claims for breach of convention rights and false imprisonment. He has a particular interest in medical cases and has been instructed in cases in the Court of Protection concerning administration of the covid vaccine and discharge from hospital of persons who lack capacity.
Zia has been appointed as a legally qualified Chair for the Medical Practitioners Tribunal Service.
Administrative Law Bar Association
Housing Law Practitioners Association
Court of Protection Bar Association
Zia has co-written and delivered a one-day LAG seminar on Homeless Children. He has had articles published in Legal Action, Solicitors Journal and the Journal of Housing Law.
He also gives regular legal training. He has spoken at the Housing Law Practitioners Association’s bimonthly meetings and at their annual conference, and at LAG’s Community Care conference.
Examples of recent cases
In Kanu v London Borough of Southwark, Zia appeared for the successful appellant in the Supreme Court in a landmark vulnerability case addressing the relevance of the public sector equality duty when assessing priority need.
In R (AK) v London Borough of Lewisham, Zia challenged, by way of judicial review, the failure of the local authority to comply with its obligations under the Care Act 2014 in respect of a destitute failed asylum seeker who was terminally ill and could not be discharged from hospital because she had nowhere to live.
In R (AB) v Brent LBC a judicial review test case challenging the placement of age disputed asylum seeking children in adult asylum seeker accommodation , Zia succeeded in obtaining a declaration that the practise was unlawful.
In North Bristol NHS Trust v FB, Zia was instructed by the Trust in a complex Court of Protection welfare case concerning the discharge from hospital of a person who lacked capacity and was refusing to leave hospital.
In R (Nur) v Birmingham City Council a judicial review case challenging the Council’s allocations policy Zia succeeded in obtaining a declaration that the policy indirectly discriminated against disabled persons and also obtained damages for injury to feelings.
In NHS Buckinghamshire CCG v MP, AB, Buckinghamshire County Council and Hertfordshire County Council, Zia acted for P’s mother and successfully persuaded the court (after a four day trial involving cross examination of treating experts) that P should be allowed to live with his mother as opposed to a residential placement.
In Birmingham City Council v Stephenson, Zia successfully appealed to the Court of Appeal against a possession order made on mandatory grounds against a disabled introductory tenant, on the basis that the Judge had failed to correctly address the issue of proportionality under the Equality Act 2010.
In PS v London Borough of Southwark, Zia was instructed in a Court of Protection case by the Official Solicitor when an outright possession order had already been made against PS on the basis of rent arrears, capacity was in dispute and PS faced street homelessness in circumstances which could have led to a deprivation of his liberty. In parallel with the COP proceedings, a judicial review was issued against the local authority challenging the refusal of discretionary housing payment. This led to a payment of over £13,000.
In R (AA) v London Borough of Brent, Zia successfully challenged the decision of the local authority not to accommodate two sisters together under the Children Act 1989 after they were rendered homeless when their home was burnt down.
Urdu
Punjabi
Outstanding Achievement Legal Aid Lawyer of the Year Awards 2022
Provided by Chambers
Zia Nabi is a housing and social welfare specialist with significant experience advocating in the Court of Appeal and the Supreme Court. He routinely handles public law challenges with regard to community care, social housing and human rights law.
Provided by Chambers
Zia Nabi is a highly regarded barrister known for his expertise in housing law and public law. He brings a sharp analytical mind to complex cases.
He works in a productive way and is really approachable; it is really easy to talk strategy on cases with him and the cases he works on tend to reap excellent results.
A great advocate in all settings, able to make sense of the most difficult and complex housing cases.
Zia Nabi is a highly regarded barrister known for his expertise in housing law and public law. He brings a sharp analytical mind to complex cases.
He works in a productive way and is really approachable; it is really easy to talk strategy on cases with him and the cases he works on tend to reap excellent results.
A great advocate in all settings, able to make sense of the most difficult and complex housing cases.