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Sima Najma

Sima Najma is a barrister specialising in family law, immigration, asylum and human rights on both a national and an international level. She is often instructed on cases that involve both family law and immigration issues. 

Able to speak a number of languages fluently, such as Urdu and Punjabi, Sima regularly conducts client conferences and phone calls in these languages.

    Family

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Sima Najma

Sima's Experience

Called in 2013

Human Rights Lawyers Association

Public Access Accredited

Barristers in England and Wales are regulated by the Bar Standards Board

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Child Arrangement Orders

Sima has a strong family practice in representing clients in Children Act matters and frequently acts in private children cases involving relation cases, safeguarding issues, including allegations of physical, emotional, financial and sexual abuse. She represents both Mothers and Fathers as well as grandparents. Most of her cases include elements of domestic abuse perpetrated upon parents and children. She regularly appears in Finding of Fact and Final hearings in matters involving complex legal and factual issues. Sima also attends first hearings and directions hearings in order to case manage her client’s case properly so that she seeks the right case management orders for her client’s at the outset. This is essential for proper case planning.

Non Molestation & Occupation Orders

Sima also regularly acts in Family Law Act applications such as non-molestations orders and occupation order, including directions hearings and contested final hearings, on behalf of both applicants and respondents. She prepares urgent applications such as injunctions/protective orders for clients and then presents them on an urgent basis to the Court ensuring that the best possible case has been presented for her client. Equally Sima represents respondents at urgent return hearings to ensure that her client’s do not have unnecessary orders placed against them.

International Relocation & Child Abduction (Hague Convention)

Sima has also been instructed internationally on child abduction cases and in the safe return of children. This is a complex area of the law and usually requires High Court proceedings. Careful planning is required in this area of law and Sima has worked on international cases in, USA, China Pakistan, UAE, Latvia and India. Given her background in both Immigration, Asylum and Human rights law, Sima is well equipped with the legal principles that apply to such cases in both areas of the law placing her at a unique advantage.

Divorce, Financial Remedy & TOLATA

Sima specialises in engaging in all areas of divorce and financial remedy applications and represents both applicants and respondents in FDA (Fist Hearings) hearings, Financial Dispute Resolution hearings and Final Hearings. She has dealt with a range of cases including high net worth divorces. She deals frequently and confidently with financial-remedies cases involving high-value assets, complex business structures, family trusts, and assets outside of the jurisdiction and frequently deals with cases involving multiple parties and interveners and cases involving complex issues of conduct. In addition to financial remedies cases, Sima regularly undertakes cases relating to non-matrimonial finances such as TOLATA applications, cohabitation cases, civil-partnership issues, and Schedule-1 claims.

She is a strong advocate and her submissions are often referred to as forceful and persuasive. She gives realistic and practical advice from the outset but it not afraid to face a challenge. She has extensive experience of proceedings at all levels up to the Court of Appeal with leading Counsel.

Family Law & Immigration Interplay Cases

Sima is also often instructed on cases where there are key features of immigration issues in Children cases. This is because she is also an Immigration & Human Rights practitioner therefore has robust knowledge of the Home Office applications systems and the law surrounding the granting of visas. There is usually an interplay of Article 6 and Article 8 rights in these kinds of cases. Sima represents clients who are overstayers in the UK seeking to exercise their parental responsibilities and seeking contact with children. Equally Sima represents those clients who feel that the Children Act proceedings have only been instigated by a parent to advance their immigration status. Either way, these types of cases are sensitive and require a unique and specialist skill set which Sima through her years experience has plenty of.

Immigration, Nationality & Asylum

Sima has a strong Immigration law practice involving asylum, immigration and nationality work ranging from first instance adjudication level right up to the Court of Appeal. Her expertise covers both visa applications for spouses, fiancés, students, visitors and adult dependants. involving the Points Based System applications and Article 2,3 and 8 cases. Her field of expertise also covers human rights, EU free movement legislation, immigration detention, deportation, illegal workers and British citizenship & nationality.

Sima also appears regularly in Court in immigration appeals. She has experience of judicial review work and has drafted grounds for reconsideration to the Tribunal. She also has experience of applying for emergency injunctions to duty High Court Judges over the telephone and has drafted grounds.

Her expertise covers:

  • Visa applications and immigration appeals involving the Points Based System applications

  • Human rights

  • EU free movement legislation

  • Immigration detention

  • Deportation

  • Illegal working

  • British citizenship

Civil Disputes

Sima is frequently instructed to advise and appear in a broad range of civil disputes in county courts and High Court.  She has experience in all stages of litigation, from drafting initial statements of case to appearing at interlocutory hearings, trials and appeal. She has also continued to develop a practice in fast track and multi-track trials. With vast advocacy experience, Sima is able to deal with more complex litigation where her thorough preparation is always an asset.

She advises and appears on applications and trials conducted in small track, fast-track and multi-track cases. Sima is frequently instructed to advise and appear in a broad range of civil disputes in county courts and High Court.  She has experience in all stages of litigation, from drafting initial statements of case to appearing at interlocutory hearings, trials and appeal. She has also continued to develop a practice in fast track and multi-track trials. With vast advocacy experience, Sima is able to deal with more complex litigation where her thorough preparation is always an asset.

Sima frequently advises both landlords and tenants about the tenancy deposit scheme and claims arising from failure to comply with the tenancy deposit regulations. She has also drafted commercial retail leases and other documents relating to leases and tenancy agreements, advised on issues about service charges and is able to assist with difficulties concerning property management and right to manage companies as well as disputes with property management agencies.

Memberships

  • Honourable Society of Inner Temple

  • Human Rights Lawyers Association

  • Midlands Asian Lawyers Association

  • Family Law Bar Association

Privacy Policy

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, Sima Najma, 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. 

Complaints or Queries

27. If you have any questions regarding this privacy notice, or how I use your personal data please email me: sima.najma@tbgbarrister.co.uk, or my clerks: clerking@thebarristergroup.co.uk 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/

Sima's Testimonials

Sima is fantastic at her vocation. She has gone above and beyond in my case and I cannot recommend a better barrister/legal representative. Her representation is top class and has had my child’s best interests at the forefront throughout. Sima has made me feel at ease and aided me throughout the process of family court, supporting and talking each element through. She makes time for you and ensures you are fully informed and supported. Sima is a brilliant representative, compassionate, honest and works tenaciously.

R.C

Client

Sima Najma has represented me in a recent family matters case which had become quite complex. She certainly knew how to overcome any obstacles with knowledge and expertise. Sima goes above and beyond to make a stressful situation less so explaining everything going through the process from start to finish. I can’t thank her enough and feel so lucky to have found her, I have and will continue to recommend her to anyone who needs someone who’s thorough and at the top of her profession.

S.D

Client

Going through family court, for me, was one of the most earth shattering, stressful and exhausting times of my life. Sima assisted me on my final hearing and I immediately felt more confident having her by my side. She is straightforward, driven, honest and fearless in getting you the best result for you and your family and I would highly, highly recommend her. My daughter and I will forever be thankful to her professionalism, support and kindness.

F.J

Client

 

 

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