Our team featured in The Lawyer’s Top 20 Cases of 2024
Every year the leading UK legal publication, The Lawyer, releases its list of the Top 20 court cases set for hearing in the UK Courts in the forthcoming year.
Today, The Lawyer published its Top 20 cases for 2024 which features Sali Berisha v The Secretary of State for the Home Department in which Zaiwalla is instructed for the Claimant, the former President and Prime Minister of Albania, in the first known legal challenge to the UK Secretary of State’s use of powers under immigration legislation to exclude from the UK a serving political leader and is expected to set legal precedents.
Our team, headed by Partner Kartik Mittal, is seeking to overturn a 2022 Home Office decision to bar Mr Berisha from the UK. By way of background, an application was made by way of Judicial Review under the Special Immigration Appeals Commission Act 1997 against the Home Office’s decision to exclude Dr Berisha from the UK on the grounds of alleged criminality and corruption, despite the former President, and now leader of the opposition, having no criminal convictions. Dr Berisha argues that the decision to exclude him is not based on evidence but is politically motivated.
The case names high-profile individuals including Anthony J Blinken, the US Secretary of State, the current and former Ambassadors to Albania, and political figures in Albania such as Lulzim Basha.
Important issues being considered amongst others will be discrimination under the Equality Act and Diplomatic Immunity, including an argument that it is discriminatory for the UK to target Albanian opposition leaders, on grounds of their political belief, but not to exclude members of the ruling party.
The Zaiwalla legal team have previously featured in the The Lawyers Top 20 cases for:
Bank Mellat v HM Treasury in 2013 and 2015.