Natasha Jackson

Public and Administrative

Natasha has a broad public law practice, acting for claimants, defendants and intervening parties. She also has experience bringing and appealing claims by constitutional motion in Commonwealth jurisdictions and in matters on appeal to the Privy Council.

Natasha also teaches Public Law at the London School of Economics.

Some notable instructions include:

• Suraj & Ors v AG of Trinidad and Tobago; Satyan & Maharaj v Attorney Genegal of Trinidad and Tobago (Privy Council): Acting for the Attorney General in linked appeals relating to the constitutionality of the Coronavirus Regulations 2020 and the scope of the legislative savings provisions contained in the Constitution.
• Iraq Fatality Investigations: advising on the scope of Article 2 inquiries, matters of international humanitarian law and international human rights law in an investigation into the status of and duties owed to a deceased prisoner of war under the Geneva Conventions.
• Acting for the Office of the Independent Adjudicator in judicial review claims concerning the approach to student complaints arising out of disruption to the higher education sector as a result of COVID-19.
• Acting on behalf of a group of civil servants in an appeal arising out of the failure to recognise their eligibility for promotion or to refer them for promotion (Trinidad and Tobago).
• Drafting legislation and statutory regulations for the Gibraltar government.
• Advising on behalf of the claimant, a former government minister, in a constitutional claim in the High Court of Trinidad and Tobago regarding Ministerial expenses and the interpretation of the provisions governing housing allowances (Trinidad and Tobago).
• Advising on the law of contempt in respect of a judicial review challenge to the government’s failure to take action against a property developer in respect of his dredging activities in Clifton Bay (Bahamas).
• Acting in judicial review challenges and civil claims against unlawful detention under immigration powers.

Natasha has a strong international dimension to her work, and her practice often engages matters of international humanitarian, private international and human rights law.

She is a member of the Geoffrey Nice Foundation working group on the role of international judicial mechanisms in post- conflict society and working on the definition of genocide. Natasha has been awarded a Pegasus Scholarship by Inner Temple to work on transitional justice and victim engagement at the Special Tribunal for Lebanon in Beirut (currently on hold due to COVID-19).

Some notable experience includes:

• Advising an NGO on the application of International Humanitarian Law (IHL) to the conflict in West Papua and the international status of that conflict.
• Advising an NGO on engagement with the ICRC.
• Advising the Iraq Fatality Investigations on the application of the Geneva Conventions to prisoners of war.
• Natasha was due to report as a Trial Observer for the Bar Human Rights Committee on military courts in May-June 2020 (postponed due to COVID-19).

Before joining the Bar, Natasha held the Richard Sandbrook Fellowship at the International Union for the Conservation of Nature in Switzerland, advising on the RED+ conservation and social justice programme. She also worked as a Legal Intern for the UNDP, researching judicial transparency and the rule of law.

Education

Natasha has a strong interest in education and is instructed on behalf of parents, schools and local authorities in a range of public and civil matters. She also acts as Standing Counsel to the Office of the Independent Adjudicator, the designated ombuds body for higher education student complaints.

Her practice is informed by her experience as an independent governor of The Bridge School, a pioneering special educational needs and disabilities (SEND) Academy in Holloway. She also volunteers for IPSEA, offering advice and representation to help secure the right education for children and young people with SEND.

Some notable matters include:

• Defending the OIA in judicial review actions and civil claims concerning the outcome of the complaints review process, including claims relating to allegations of discrimination and arising out of disruption to higher education as a result of COVID-19.
• Acting pro bono for a parent in a civil action arising out of the bullying of her children at their academy school. — Acting for a group of Muslim parents to challenge a school’s refusal to provide halal school meals.

International

Natasha is experienced in a broad range of contentious and non-contentious commercial, company and insolvency matters, and regularly is instructed in high-profile cases at the intersection of public and commercial law.

She has particular expertise in matters raising issues of jurisdiction and conflicts of law and appeared in the Supreme Court in the leading case on insurance jurisdiction under Brussels I. Natasha has advised extensively on the private international law implications of Brexit on cross-border litigation and has substantial experience litigating under the Athens and Montreal Conventions on behalf of major tour operator clients.

Some noteworthy cases include:

• Republic of Mozambique v Credit Suisse International & Ors (ongoing): Acting on behalf of the Credit Suisse Deal Team defendants in a multi-billion-dollar civil fraud claim involving allegations of bribery, conspiracy, deceit, dishonest assistance and knowing receipt and seeking declarations as to the enforceability of a state guarantee. This case is taking place in the Commercial Court.
• Re Keeping Kids Company [2021] EWHC 175 (Ch): Acting on behalf of Camila Batmanghelidjh, CEO, in the 10-week directors disqualification proceedings arising out of the collapse of the charity, Kids Company. This is the first CDDA 1986 case that has been pursued in the context of a charitable company, and raises novel issues relating to de facto directorship and the responsibilities of non-executive directors of a charity.
• Re Keeping Kids Company; Official Receiver v Atkinson [2020] EWHC 2839 (Ch): In this interlocutory decision, Falk J refused to allow the Official Receiver to advance at trial case of breach of duty that had not previously been advanced on the evidence relied upon.
• Acting on behalf of a leading car manufacturer in a claim concerning the scope of the customer warranty agreement and the apportionment of liability between the manufacturer and its franchise-holders.
• Advising a charitable think tank on the governance responsibilities of the Trustee Board and the delegation of management functions.
• Keefe v (1) Mapfre Mutualidad Compania De Seguros Y Reaseguros SA (2) Hoteles Pinero Canarias SL: Supreme Court appeal concerning the interpretation of the Brussels I Regulations governing jurisdiction in insurance matters. The case is currently on reference to the CJEU.
• Advising a major trade union in various matters arising out of the closure of the national petroleum company, including to secure employee benefits under the $4.2bn pension fund (Trinidad and Tobago).

Natasha is a regular contributor to the New Law Journal, Corporate Restructuring and Insolvency (a Lexis publication) and the Travel and Aviation Quarterly.

Immigration

Natasha acts for claimants and intervening parties in a range of immigration, asylum and unlawful detention matters and regularly appears in the Immigration Tribunals and High Court.

She is experienced in asylum appeals under domestic and European refugee law and regularly works in camps and clinics in Athens, Calais and Dunkirk. She is a frequent volunteer with RLS Athens, offering legal advice on family reunification and asylum to clients in Greece.

Natasha represents detained clients pro bono through Bail for Immigration Detainees. Some noteworthy cases include:

• R (Mendes) v SSHD [2020] EWCA Civ 924: appeal concerning the correct test for interim relief pending the determination of a statutory EEA deportation appeal.
• The Court of Appeal allowed the applicant’s appeal against the refusal of interim relief in a judicial review challenge to the regulation 33 certification of his deportation under the EEA 2016 Regulations.
• Acting on behalf of a victim of trafficking in respect of the curtailment of her benefit payments.
• Advising on Court of Protection and capacity issues in asylum proceedings.
• Acting in a successful JR of the Home Office delay in determining an asylum claim.
• Acting on behalf of an EEA citizen in her deportation appeal and reg 33 judicial review challenge.
• Acting in a complex unlawful detention challenge relating to detention under immigration and extradition powers. Advising a UK-registered charity on visa and contracting matters post-Brexit.

Public Inquiries and Inquests

Natasha has substantial experience in inquiries and inquests, acting as counsel to core participants and as leading junior inquiry counsel. Her advice is regularly sought on the design, procedure and terms of reference for non-statutory public inquiries.

Natasha has been instructed as counsel to the Iraq Fatality Investigations since 2017, acting as leading junior counsel since 2021. In this role, Natasha advises on all matters relating to the substance and procedure of the non-statutory inquiry, including on the requirements of Article 2, issues of disclosure and evidence, ICC and AG prosecution undertakings and matters of anonymity. She additionally advises the Inspector on matters of International Humanitarian Law as they arise.

As Counsel to the Iraq Fatality Investigations, Natasha has been instructed on the following matters:

• Investigation into the deaths of Radhi Nama and Mousa Ali: Inquiry concerning the deaths of two detained civilians and various allegations of ill treatment at a British army base near Basrah in May 2003.
• Investigation into the death of Ahmed Jabbar Kareem Ali (Ongoing): investigation concerned with identifying whether there was a systemic practice of ‘wetting’ as a law-enforcement mechanism in the post-war phase of British Occupation in 2003.
• Investigation into the death of Saeed Radhi Shabram Wawi Al-Bazooni: inquiry concerned with the death by drowning of a teenage boy in the Shatt-al-Arab canal near Basrah in May 2003. Baroness Hallett’s report into the death of Saeed Shabram was laid before Parliament and published in September 2020.
• Investigation into the death of Tariq Sabri Mahmud: inquiry into the death of a prisoner of war being transported between coalition forces during the Iraq war. Sir George Newman’s report into the death of Tariq Sabri Mahmud, laid before Parliament and published in March 2019.

Natasha has a balanced inquest practice, acting on behalf of families, individuals and organisations (including government). She has particular experience in inquests involving deaths overseas.

• Inquest touching upon the death of Andrew Mason: acting for the MoJ / Prison Service in an inquest relating to a Covid-related death in prison custody.
• Inquest touching upon the death of Dr J Warshafsky: acting as sole counsel on behalf of a public body within the Department of Health in a complex inquest into the drug- related death of a medical registrar.
• The Tunisia Inquests: advising bereaved families in the inquests arising from the terrorist attack in Sousse, Tunisia in June 2015.

Natasha was seconded in 2016 to a leading solicitors’ firm, working on regulatory and inquest proceedings involving medical care providers and care homes.