About

Ms Afshan Hashmi LLM – Barrister

Afshan Hashmi is a Barrister specialising in Employment Law, Immigration Law, Regulatory Law and Professional Discipline, Family Law and Civil Law. She has an established practice in the North of England and beyond.

Qualifications

check

LLB (Hons) Law

check

LLM Employment Law

check

Licensed for Direct Access under the Bar Council Public Access Directory since 2012

check

Licensed to Conduct Litigation

check

Appointed to the Equality & Human Rights Commission Preferred Panel of Counsel

check

Court Appointed cross-examiner under the Domestic Abuse Act 2021

check

Legal Aid Supplier Number 257PZ

Memberships

check

The Employment Lawyers Association

check

The Employment Law Bar Association

check

Immigration Law Practitioners Association

check

The Bar Human Rights Committee of England and Wales (BHRC)

Practice Overview

Barrister with established practice in the North of England specialising in Employment law, Professional Discipline & Regulatory Law, Immigration law, Civil Law and Family Law Domestic Abuse hearings and Private Children Act Proceedings. She is regularly instructed to deal with vulnerable clients in Employment and Immigration proceedings involving the Joint Presidential Guidance in relation to the evidence of children and vulnerable adults.

Employment Law

Ms Hashmi has over 18 years experience in representing Claimants and Respondents in Employment Tribunals, and Employment Appeal Tribunal in all areas of Employment law. Acted in a number of notable cases. Adept at handling lengthy hearings involving complex legal and factual issues.

She has a varied client base including businesses, public and private sector bodies. Accepts instructions to advise and represent organisations in internal disciplinary proceedings as well as in the Tribunal. Particular interest in issues falling under the Equality Act 2010 and proceedings involving medical professionals and NHS Trusts.

Notable Cases

Regulatory Law and Professional Discipline

Ms Hashmi has over 16 years experience of representing a wide variety of professionals such as Nurses, Dentists, Doctors and other medical professionals before the NMC, GDC, MPTS. Represented Teachers before the TRA, Solicitors before the SRA, Counsel before the BSB, security personnel before the SIA and civil servants and council executives before the CSC. Due to lengthy experience in employment law well versed as to the procedures and rules that should to applied by regulatory bodies when employees are facing disciplinary proceedings which has a significant overlap with her burgeoning employment law practice.

Immigration Law and Public Law

Ms Hashmi has over 17 years experience in immigration law with substantial experience of representing Appellants and the Secretary of State for the Home Department in the First Tier and Upper Tribunal, as well as in the High Court. She has been appointed to preferred panel of counsel for the SSHD. Her immigration practice covers the entire spectrum of immigration law, including but not limited to all appeals under the ECHR, UK Immigration Rules and EEA Regulations. She has successfully represented clients in emergency Injunctions and Judicial Review applications in the Upper Tribunal and High Court. She has an excellent reputation in advising companies in respect of business/ corporate immigration law, a complex and dynamic area including sponsor licence reviews and appeals.

Family Law

Ms Hashmi has over 16 year’s experience in representing both publicly and privately funded clients in family proceedings. She has a articular interest in the law governing domestic abuse further to the Domestic Abuse Act 2021. She has a comprehensive understanding as to the cultural factors which underlie and affect disputes in the family jurisdiction and recognises the way in which this can influence the direction of travel adopted by parties in family proceedings. She is adept at dealing with vulnerable clients with compassion and tact, and understands the challenges faced by parties involved in acrimonious disputes. Furthermore, her multilingual proficiency provides her with a unique advantage to converse with and deal with clients from different backgrounds and put them at ease. Additionally she is a court appointed advocate who undertakes cross-examination pursuant to the Domestic Abuse Act 2021.

General Common Law, Commercial Law and Criminal Law

Ms Hashmi has over a 16 years experience in the general civil jurisdiction, including personal injury work. In this area she has been instructed in claims arising from road traffic accidents, occupiers’ and employers’ liability, credit hire, construction disputes and civil fraud. She is regularly called upon to draft statements of case, witness statements and skeleton arguments in cases of complexity.

Civil Litigation/ Commercial Law

Over 16 years of experience of:

  • representing  Claimants and Defendants in small and fast track RTA claims;
  • Occupiers Liability and Employers Liability claims;
  • claims involving low value road traffic accidents with associated low velocity impact; recovery, storage and credit hire claims and allegations of civil fraud;
  • infant settlement hearings and disposal hearings;
  • Drafting:
    • advices on liability and quantum;
    • statements of case, skeleton arguments and witness statements;
  • credit hire claims

Notable cases

  • succeeded in recovering in excess of £30,000 costs due to Defendant insurers failure to comply with orders;
  • successfully argued on numerous occasions on behalf of Claimants that a hire agreement was unenforceable due to failure by the hire company to serve a cancellation notice within the meaning of the Cancellation of Contracts made in a consumer’s home or place of work (2008 Regulations);
  • successfully defended sole trader in claim by one of Europe’s largest branded consumer payments acceptance networks;
  • successfully represented one of the largest suppliers to the UK’s building and construction industry with a national network of more than 600 branches;]
  • successfully defended a well-established motor trader against a claim relating to the theft of a high value vehicle whilst in the position of the trader. Issues relating to the duties of a bailee under common law and whether sufficient steps had been taken by the client to discharge any obligations;
  • successfully defended large company which owns and manages commercial property valued in excess of £450 million, in proceedings brought by a Metropolitan Borough Council in the context of rateable occupation of premises

Criminal Law

  • Grade 1 Prosecutor for CPS
  • Substantial experience of Prosecution and Defence work in the Magistrates Court and Crown Court;
  • Particular interest and experience in defending:
    • Immigration Offences under S25 Immigration Act 1971
    • Offences under the Social Security Administration Act 1992
    • OPL offences under S’s 4 and 5 of the Road Traffic Act 1988

Need help with your case?

Contact our expert team today for a free, no-obligation consultation and let us help you secure the outcome you deserve.

Need help with your case?

Contact our expert team today for a free, no-obligation consultation and let us help you secure the outcome you deserve.