Mariam El-Sobky

Mia’s current practice focuses almost exclusively on Family Law with an emphasis on disputes involving Child Arrangements and Ancillary Relief. She can be instructed to deal with disputes involving but not limited to contact and residence, prohibited steps and Specific Issue Orders.

 

Mia also has extensive experience of cases involving allegations of domestic violence and substance abuse with heavy social services / Local Authority / CAFCASS involvement; and is frequently instructed to represent clients in fact-finding hearings. Mia’s experience of criminal practice lends itself well to this area; she is a forthright and robust court advocate who can be relied upon to fight her client’s corner in contested hearings.

 

Mia’s private law family practice involves the following areas:

 

• Child Arrangement Orders
• Same sex disputes
• Prohibited Steps Order
• Specific Issue Order
• Enforcement Applications
• Local Authority involvement
• Allegations of domestic violence
• Allegations of substance abuse
• Allegations of child abuse
• Parental Alienation
• Parental Responsibility
• Non-molestation orders
• Occupation orders
• Shared Residence Orders
• Breach Allegations / Enforcement

 

In addition to these areas, Mia is experienced when it comes to advising and representing clients in relation to injunctive proceedings such as applications for non-molestation orders and occupation orders. Mia represents both applicants and respondents throughout these proceedings from ex parte (without notice) applications to final hearing.

 

Civil law

 

Mia’s civil law practice involves advising and representing clients on a variety of proceedings in the county court and various tribunals all the way to the High Court. Her experience of civil cases includes but is not limited to:

 

• Contractual disputes (all forms of Breach of Contract)
• Debt recovery
• Consumer Credit Act matters
• Sale of Goods disputes
• Court of Protection
• Mental health
• Flight Delays
• Licensing
• Credit Hire Disputes
• Road Traffic Insurance claims on Quantum
• Personal Injury (including cosmetic injury from non RTA matters)

 

Mia can be instructed to advise in writing, in conference or over the telephone. She also undertakes drafting work and can be instructed to prepare applications, correspondence, draft orders, witness statements and various written submissions including skeleton arguments.

 

Crime

 

Mariam spent 14 years from 2002 working for the Crown Prosecution Service (CPS) in London in a senior litigative and frontline criminal role. She ended her career there as a Senior Crown Prosecutor on the Central London Crown Court team. She therefore has a wide and varied experience of a full range of criminal matters. Mia can Defend just as expertly, and has represented clients in the Crown, Magistrates and Youth courts across the UK. She was instructed in some high profile cases during the May Day riots in London in 2001 and 2002. Mia has a high level of expertise in all manner of criminal proceedings including those involving charges of violence (including sexual violence), Public Order (including violent disorder), offences under the Sexual Offences Act 2003, Drugs (possession, importation / exportation and supply), Fraud, Harassment (including stalking), and motoring offences.

 

Immigration

 

Following on from her experience with the United Nations, Mia did a fair amount of Immigration work in London in the early years of her practice dealing with cases under (but not limited to) the Immigration Acts of 1971 & 1988, the Asylum and Immigration Appeals Act 1993, and the Immigration and Asylum Act 1999. She represented clients in the First Tier of the Immigration and Asylum Chamber in London and the Tribunal’s Upper Tier.  The Human Rights Act 1998 makes the provisions of the European Convention on Human Rights (ECHR) justiciable in the courts of the United Kingdom, including the Immigration and Asylum Chamber. Since the HRA came into force in October 2000 much of Mia’s practice at this time was based around the interpretation of this legislation especially in regards to its application to English Law; in particular Articles 1-14 and the Protocols to the European Convention on Human Rights.

 

She has done a great deal of voluntary work, including for the Medical Foundation for the Victims of Torture where she dealt with victims of the Sri Lankan Civil War, namely members and associates of the LTTE (the Tamil Tigers) for their separatist actions against the then government.  In Egypt she worked with local orphanages and to this day has a special interest in the rights of children. As a student in Newcastle she assisted extensively with the influx of refugees from the former Republic of Yugoslavia, including people who were tortured in Serb-run detention camps; later visiting the ICTY in the Hague to observe in person the trial of War Criminal Goran Yelisic.

 

Background

 

Prior to being called to the Bar, Mariam worked in private client and international law in Egypt for a year and then spent 6 months with the United Nations High Commission for Refugees in London, dealing mainly with Asylum law which is the subject of the 1951 Geneva Convention on the Status of Refugees; in accordance with which Contracting States accept an obligation to grant asylum to persons who can show that if they are returned to their countries of origin they face a reasonable degree of likelihood of risk of persecution on account of race, religion, nationality, membership of a particular social group or political opinion.

 

Mariam has a particular interest in women’s rights, equal opportunities in the workplace (especially workplace bullying and discrimination due to pregnancy), equal pay and sexual harassment at work (against both sexes). She has a strong civil liberties / human rights background, and is a long standing member of Amnesty International, Fathers for Justice, the Society of Black Lawyers, and MAP (Medical Aid for Palestinians).

 

Mariam is an aggressive defender of human rights and has marched in Trafalgar Square alongside our LGBT community and attended civil rallies in defence of civil liberties. She avidly supports ActionAid who champion the basic human rights of underprivileged women and girls around the world. Mia will take on pro bono work for the right client. She graduated in Law in Newcastle, did her Bar exams in Bristol and has a Masters degree in Law from Kingston University. She spent 3 years living in Saudi Arabia and is fluent in Arabic. This Barrister is a proud Feminist and single mother with 2 young boys. She lives in Surrey.

Professional memberships:

Family Bar Association
Ci Arb (Chartered institute of Arbitrators)
Criminal Bar Association

FEES:

Details regarding our approach to fees can be found at the following link:  http://www.clerksroom.com/content-html?cid=336

SERVICES:

Please see “profile” tab for a description of the legal services provided by this barrister.

We aim to complete and return all paperwork within 14 days (2 weeks) of receipt if no specific deadline is provided. We can work to much faster timescales if requested or we can agree a specific target date for each individual circumstance. We will always advise at the outset if counsel is unable to meet any deadline.

Each barrister has a standard hourly rate for their work. The individual hourly rate can be agreed when instructions are acknowledged if preferred. We welcome early discussion as to the suitability of a specific barrister for a specific case. The right barrister will have the relevant expertise to deal with the case but will not be too junior, or too senior depending on the complexities.

We aim to allocate all cases to the correct level of experience & seniority which we believe will prove most to be the most cost-effective solution for our clients.

If, due to urgency, we allocate paperwork to a more senior member of Clerksroom, we will charge the appropriate hourly rate for the work, not for the barrister. We welcome early discussion to ensure the correct fee is applied to the case at the outset.

REDRESS:

All our barristers are regulated by the Bar Standards Board (BSB) and hold a current practising certificate, details can be found at the following link Barristers’ Register

Complaints information

If you are not satisfied with the service provided, you can make a complaint to Chambers. Information on the chambers’ complaints procedure is available at the following link: http://www.clerksroom.com/content-html?cid=416

If you are not satisfied with the response you receive from my chambers, you can make a complaint to the Legal Ombudsman. You must contact the Legal Ombudsman either within 6 months following the conclusion of our handling your complaint, within 6 years from the date of the act/omission, or 3 years from the date that you should reasonably have known there were grounds for complaint (if the act/omission took place before the 6 October 2010 or was more than six years ago).

The Legal Ombudsman’s details are as follows:

Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ
Tel: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Web: www.legalombudsman.org.uk

1.              This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).

2.              The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.

3.              I, Mariam El-Sobky, have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.

4.              It is necessary for me to process your personal data in order for me to provide you with legal services, for example:

·   Advise on the prospects of litigation;

·   Advise on the value of your claim;

·   Representation at a court hearing;

·   Representation at trial;

·   Advise, review or comment on legal issues or evidence.

5.              Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.

6.              The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.

7.              If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.

8.              If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.

Recipients of your data

9.              I may also be required to share your data with others, depending on the nature of your case. This may include:

(i)                  Courts and other tribunals to whom documents are presented;

(ii)                Your solicitors, or agent representing you, through whom I have been instructed;

(iii)               Potential witnesses, experts and other persons involved in the case;

(iv)               Solicitors, barristers, or other legal representatives;

(v)                Ombudsman and regulatory authorities;

(vi)               Education and examining bodies; and

(vii)             Current, past or prospective employers.

Special Categories of Data

10.          In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.

11.          This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.

Retention

12.          I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.

13.          How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.

14.          Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:

(i)                  The legal and professional obligation to retain information relating to my cases;

(ii)                To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;

(iii)               For use in the defence of potential complaints, legal proceedings or fee disputes;

(iv)               To refer back to in future cases which raise similar legal, factual, or procedural issues.

15.          The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.

16.          The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation. 

Your Rights

17.          Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

18.          Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.

19.          You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.

20.          You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.

21.          You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests. 

22.          Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object. 

23.          You have the right to request that your personal data is erased where any of the following apply:

(i)                  The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(ii)                You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;

(iii)               Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;

(iv)               The personal data has been unlawfully processed; or

(v)                The personal data have to be erased to comply with a legal obligation.

24.          You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).

25.          Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort. 

Security

26.          I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. The I.T. systems used by Clerksroom are ISO27001 compliant.

Complaints or Queries

27.          If you have any questions regarding this privacy notice, or how I use your personal data please email me: Mariam.El-Sobky@Clerksroom.com, or my clerks: mail@clerksroom telephone 01823 247 247.

28.          I shall aim to respond as soon as possible, and within 30 days.

29.          You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/