No5 Barristers' Chambers - Excellence is at the heart of everything we do.
Background

Abid Mahmood

Head of the Court of Protection Team

Call: 1992

"Abid Mahmood is exceptionally talented at drafting clear and precise challenges on public law matters, which have resulted in many successful outcomes for clients."

Chambers UK 2024 (Administrative & Public Law/Immigration)

"He is very efficient and intelligent, and has an excellent attention to detail. He has the ability to pick up the finer points and develop them into legal argument."

Legal 500 2024 (Immigration)

"Abid is a forceful advocate for his clients. He is always on top of the factual issues in every case and knows the law and procedure very well. His advocacy is focused, and he can mitigate the impact of an adverse piece of evidence or point of law."

Legal 500 2024 (Court of Protection and Community Care)

"Abid is very experienced and really good with clients."

Chambers UK 2023 (Immigration)

"He's very experienced and really good with clients; he can adopt the correct approach in cases."

Chambers UK 2023 (Administrative & Public Law)

Abid Mahmood Head of the Court of Protection team. Abid is an award winning barrister in respect of Private Client matters.

His work and experience cover a wide range of areas of law, including Immigration, Matrimonial Finance and Family Law, Court of Protection Property and Affairs, Serious Medical Treatment, Health and Welfare, Inheritance Act, Business and Property Law.

Expertise

Immigration, Asylum & Nationality

Abid Mahmood is one of the foremost practitioners in Immigration, asylum and nationality law.

His practice spans successful cases at all levels, including at the Supreme Court and Court of Appeal which have shaped the law for over 20 years.

He has been recognised in the leading directories in three separate areas of law for both the Regions and London over decades.

In Immigration and Business Immigration he is recognised as one of the leading practitioners. He has appeared in and succeeded at the highest courts, including at the Supreme Court and Court of Appeal. He advises governments, local authorities, individuals and businesses. He has visited other jurisdictions to provide advice and to provide lectures.

He has over 30 years’ experience as a barrister and has been sitting as a part time Judge since 2006. His other areas of expertise include human rights law with judicial review, commercial law, court of protection and family law.

Business Immigration

In respect of immigration work he is regularly instructed in business and commercial issues concerning high net worth clients and ultra-high net worth clients from around the world. Recent clients have been from the Middle East, USA, India, Pakistan, Russia, China, and South Korea. These applications have included Tier 1 investor applications and extensions, entrepreneur applications, business visas, medical visas and numerous others.
He is known for having a commercial outlook to his work and to being able to assist with providing tailor made solutions for challenges which arise in more difficult cases.
He has a dedicated human rights practice and has appeared in some of the leading cases.

Notable Immigration, Asylum & Nationality Cases


BH Limited v Secretary of State for the Home Office [2018] E00RG038

Successful appeal against the Home Office in respect of Civil Penalty Notice. The Court granted the relief sought against the Home Office and also ordered that the Home Office pay 10,000 GBP in costs to the Appellant. Abid Mahmood represented the Appellant.


PF (Nigeria) v Secretary of State for the Home Department [2019] EWCA.

Issue concerned deportation of a person living in the UK since he was a teenager and whether his medical condition was such as to mean that deportation would breach Articles 3 and 8 of European Convention on
Human Rights. Currently the subject of an application for permission to appeal to the Supreme Court.


BG (India) and others v SSHD (2019).

Appeal to the Court of Appeal. Permission granted by Court of Appeal. Secretary of State conceded the appeal with costs so no hearing required. Appellants and children all granted leave to remain. Issues included Article 8 ECHR and section117.


MA (Bangladesh) v SSHD (2019).

Tribunal hearing. 20 year-long residence. Appeal succeeded.


XX (Pakistan) v SSHD (2019).

Upper Tribunal. Successful asylum claim in respect of high profile applicant relating to political and blasphemy matters.


JZ v SSHD (2019).

Vulnerable client. Trafficking issues. Tribunal hearing.


Judicial Reviews and paperwork is extensive, but a representative example includes:

Chinese claimants with British adult child who was a practising doctor in the UK. Succeeded in JR with costs payable by the SSHD.
Pakistani claimant doctor and his family seeking leave to remain after he made an error in respect of his self- drafted application for ILR. Succeeded in JR and obtaining leave for the doctor and his wife and children with costs payable by the SSHD.
Trafficking claim. Urgent drafting with successful injunction leading to removal directions being stopped.


Business and High Net Worth clients in have included:

Advising businesses in respect of important directors/employees movement to the UK
Preparing and advising in respect of applications for naturalisation following grant of ILR for Tier 1 clients
Civil Penalty cases
Impact of Brexit on businesses and duties to employees from EEA.


Mandalia v Secretary of State for the Home Department [2016] 4 ALL ER 189; [2016] INLR 184. Supreme Court

Successful appeal at the Supreme Court. This case concerned the Government’s Points Based System and the issue of whether evidential flexibility was to be applied when incomplete applications were submitted. Abid appeared for the Appellant at the Supreme Court in this ground-breaking case. The Supreme Court held that instruction process was a matter of law which the court itself had to decide. The previous line of authority that the courts should adopt the Secretary of State’s own interpretation was wrong and should not be followed. The process instruction had stressed the need for flexibility and therefore it should have been allowed. The Supreme Court unanimously allowed the Appellant’s appeal.


Ali v Secretary of State for the Home Department [2016] INLR 2314

The Government introduced a new immigration rule that there be a pre-entry English language test pass before spouses could enter the United Kingdom. This test case which was commenced in the High Court led to the Supreme Court holding that there would be no breach of Article 8 or Article 14 of the European Convention on Human Rights and Fundamental Freedoms. Although the Appellant’s appeal failed, a declaration granted by the Supreme Court in respect of the basis upon which the case had been commenced in the High Court.


XX (anonymity granted to the client for safety reasons) v Secretary of State for Defence, Secretary of State for Foreign and Commonwealth Affairs and Secretary of State for Home Department (2016)

A human rights case in which an Afghan interpreter and operative has brought proceedings against the United Kingdom government in respect of breaches of policies and agreements in which he had been left behind in Afghanistan when UK forces had left that country.


Business Immigration cases include BITE College v Secretary of State for the Home Department

Successfully obtained permission to apply for Judicial Review at the Administrative Court which led to the SSHD withdrawing her decision to refuse a sponsorship licence.
Numerous successful Investor and extension applications, including other Tier 1 Entrepreneur applications in 2016 for clients from the Middle East, China, Turkey, Russia, India and Pakistan


R (on the application of Kardi) v Secretary of State for the Home Department [2014] EWCA 934 Civ July 2014

Court of Appeal. Subject: Human Rights. Issue: The new ‘Restricted Leave to Remain’ Policy and its application. To be the subject of a proposed application for permission to appeal to the Supreme Court.


R (on the application of Apata) v Secretary of State for the Home Department [2015] EWHC 888 (Admin)

High Court. Judicial Review. Subject: Human Rights and Immigration. Issues: Mental Health, deportation orders, sexual orientation.


MI (Pakistan) v Secretary of State for the Home Department. Court of Appeal. [2014] EWCA Civ 826, [2014] Imm. AR 1043.

The meaning of ‘persecution’ and whether discrimination of an Albino man could lead to him being granted refugee status.


Singh v Secretary of State for the Home Department Court of Appeal (Civil Division), [2014] EWCA Civ 932, [2014] Imm. AR 1141

Deportation concerning a man convicted of ‘historical’ serious offence and whether DP5/96 properly considered in light of section 84(1)(e) NIAA 2002. Historical injustice issues.


Secretary of State for the Home Department v Rodriguez, Mandalia and another. Court of Appeal. [2014] EWCA Civ 2

Evidential Flexibility. Permission to appeal granted to Mandalia.


JW (China) v Secretary of State for the Home Department. Court of Appeal. [2013] EWCA Civ 1526

Article 8 family life issues.


SS (Nigeria) v Secretary of State for the Home Department. Court of Appeal [2014] 1 WLR 998

Best interests of children issues arising out the conflict in respect of the public interest arising out of the requirement of deportation of foreign criminals and the duties towards British children of those persons.


R. (on the application of Ali and others) v Secretary of State for the Home Department Court of Appeal. [2014] 1 WLR

Pre Entry English Language requirement. Listed for hearing at the Supreme Court on 25th and 26th February 2015.


SS (Zimbabwe) v Secretary of State for the Home Department. Court of Appeal. [2013] EWCA Civ 237

Whether the regime in Zimbabwe was sufficiently safe to enable there to be a return of the Appellant. Successful appeals at the Court of Appeal with remittals to the Upper Tribunal.


C (A Child) (Practice: Setting Aside Consent Order in Abduction Proceedings), Re. Court of Appeal [2013] 2 FLR 1300

Hague Convention. Abduction of child.


Court of Protection

Abid Mahmood is recognised by the leading directories for his extensive expertise in Court of Protection Health and Welfare and Property and Affairs.

He has appeared in numerous Serious Medical Treatment cases at the Court of Protection and in respect of the Inherent Jurisdiction of the High Court. These have included cases in which there has been national media interest relating to life support cases.

Abid Mahmood’s extensive experience in finance makes him particularly adept in the work of Court of Protection Property and Affairs and deputyship orders. He has frequently appeared on behalf of Government Departments, Local Authorities, The Office of the Public Guardian, individuals and Trusts. His skills in judicial review are frequently put to good use when issues of NHS funding and disputes arise in respect of which local authority ought to fund placements.

Notable Court of Protection Cases


Wareham v Betsi Cadwalader University Health Board [2024] EWCOP 15.

St Georges NHS Trust v Casey [2023] EWHC 2244: Abid Mahmood successfully represented the NHS Trust in respect of declaration of death and cessation of life support.

St Georges NHS Trust v Casey [2023] EWCA Civ 1092. Court of Appeal deals with issues of brain stem death in adults. Abid Mahmood successfully represented the NHS Trust.

Imperial College NHS Trust v C [2022] EWCOP 28: Acted for the family in respect of an application for cessation of life support (heard by the Vice President)

ReL TT (Injunctive Relief) [2022] EWHC 2185 (Fam): Acted for the Local Authority in respect of High Court level hearing in respect of P being kept away from partner and others.

Birmingham City Council v MAS and others: Abid Mahmood (leading a junior) represented one of the parents in respect of issues of forced marriage, capacity to enter into marriage and related matters in a complex and lengthy case at the Court of Protection and High Court in which the 4 other parties were represented by KC's and juniors.


Re: F. Instructed by Macks Solicitors, Middlesbrough, on behalf of the Deputy. Successful application for retrospective authority for purchase of a holiday home in Spain after P had suffered an acquired brain injury with a large financial personal injury settlement for P.



Re: M. Instructed by Lodders Solicitors, Stratford-Upon Avon. Appointment of deputy via Mental Capacity Act 2005 and related Trustee Act issues. Contested matters. P was seriously injured after a car accident. Dealing with land and related issues.



Re: T. Instructed by the Office of the Public Guardian. Wolverhampton County Court. Lasting Power of Attorney issues. Replacement. Successful application on behalf of OPG.



Re: D v Office of the Public Guardian. Brighton County Court. Instructed by the OPG in successful application to replace LPA and Deputy issues.



Re: F v Office of the Public Guardian. First Avenue House, London. Instructed by the OPG in successful application concerning family dispute in respect of P and deputyship/LPA matters.



Re: P v Office of the Public Guardian. Birmingham County Court. Instructed by Lodders Solicitors in successful application for approval of financial deputy’s costs.



JS v Office of the Public Guardian, CH and others v Birmingham East and North PCT (1023719). A lengthy contested case ultimately heard over several days. Acted for a sibling that succeeded in removing the deputy for financial affairs after a multimillion pound personal injury settlement for the P.



He has appeared in numerous other financial and welfare Court of Protection cases across the country, including for the Office of the Public Guardian. Many of the cases he is instructed on have involved complex trust structures, businesses and estates. He is frequently instructed on cases following personal injury settlements after brain damage accidents with funds held by deputies and/or with LPA’s in the multi millions of pounds.



A Local Authority v X Acting for a local authority in respect of trafficking of an adult British citizen and “County Lines” matters relating to a vulnerable party.



H v A NHS Trust. Royal Courts of Justice, London. Acted for the NHS Trust in successful application in respect of urgent High Court application for C-Section relating to P who was pregnant following non-consensual intercourse.



Derbyshire CC v O. Acted for O. Instructed by Duncan Lewis Solicitors in respect of multi-day case with deputyship and H and W issues to a resolution with P remaining with parents.



Nottingham CC v M. Multi-day contested hearing. Acted for the Local Authority. H and W issues. Embargoed.



Wolverhampton CC v various parties. Acted for one side in respect of forced marriage and capacity to marry case.



X v Lincolnshire CC . Written Advice on Human Rights Act Damages claims in brought against the Local Authority in respect of Court of Protection and related matters.



X v Wolverhampton CC. Advised the Local Authority on Human Rights Act damages claim brought following care and capacity issues.



X v Herefordshire CC. Successful claim for P’s and P’s family in contested big Human Rights Act claim following care, adoption and capacity issues. Aldershot and Farnham County Court.



Herefordshire v K and others. Acted for K in H and W matters.



Bridgend CC v H. Cardiff. High Court. Inherent Jurisdiction. Acted for the Local Authority. Case involved an 8 year old. Successful in obtaining DOLS approval following contested hearing. Crossover with adoption/care proceedings.



Thameside and Derbyshire CC v X. Manchester County Court. Acted for Derbyshire in H and W matters.



Denbighshire CC v H and NHS Board. Health and Welfare and Property and Affairs matters heard in Wales.



Cheshire West and Chester Council v X. Instructed by the Local Authority to seek injunction to prevent P from leaving the UK for protection of P.



Sheffield City Council v X and Y. Acted for the local authority. Contested multi-day case in respect of risk of removal of P from the UK and cultural issues.



Warwickshire CC v X. Acted for the Local Authority in H and W case.



P v Warwickshire. Acted for one of adult children in contested multi-day case concerning P with dispute between adult children.



X (via ALR) v Denbighshire and others. Acted for the Accredited Legal Representative in contested H and W hearing at Mold County Court. Instructed by GHP Law.



X (via ALR) v Telford and Wrekin CC (2020) Acted for Accredited Legal Representative in contested H and W.



Shropshire CC v CJ (2020) Contested H and W issues. Instructed by the Local Authority.



Calderdale Council v various parties (2020). Acted for the Local Authority in respect of H and W issues relating to end of life care for P with dispute amongst family members as to what was the best course for P.


Family

Abid Mahmood has over 30 years experience as a barrister and has been a Judge of the County Court (Recorder) in family law for 16 years.

His practice encompasses a variety of areas of law which transcend private client matters.

He is particularly adept at those cases with complexity in respect of matrimonial finance involving businesses, farms and inheritance. He has represented numerous professionals and business persons, including for and against lawyers as parties and other professionals including doctors, sports persons and others.

Family Law Finance

In family law finance, Abid’s recent high value cases have included international property issues with substantial property portfolios in the UK and elsewhere in the GBP millions. Other cases have involved high net worth business ownership and family structure/estates following divorce. His recent cases have included family finance trials lasting several days. He is instructed on behalf of both spouses and interveners in such cases. His experience is in respect of financial remedies on divorce and property disputes following the separation of non-married couples.

Estates & trusts

Abid has specialist experience in contentious probate, on issues of upholding or challenging the validity of wills under the Inheritance (Provision for Family and Dependants) Act 1975. He is very experienced in Court of Protection work including Statutory Wills, the removal and appointment of Deputies and costs of deputies. This enables him to have a 360-degree view of what might arise in family finance cases.

Property

Abid has extensive experience in chancery work involving the beneficial ownership of property, encompassing issues of proprietary estoppel, undue influence and constructive trusts. This has a direct bearing on family law finance following cohabitation. Recent cases include the crossover between the Trusts of Land and Appointment of Trustees Act 1996 and section 37 MCA.

Care Proceedings / Adoption / Private Law / International Movement

Abid is one of the few barristers able to use his experience in immigration law and international movement to deal with cases with the complexities which arise. He has regularly been instructed to provide reports and opinions in such cases for the High Court and is instructed by all parties to appear in such cases.

Capacity and Mental Health

Abid has been instructed by local authorities, the Official Solicitor, Guardians and families in respect of cases with mental health issues, particularly those cases with young people aged 16 to 18. Here, Abid is able to draw upon his experience of High Court and Court of Protection work.

Other recent instructions include Human Rights Act damages cases for both local authorities and claimants arising out of issues concerning placements, unlawful detention of children and failures in foster placements.

He is regularly instructed by all sides including the Official Solicitor and local authorities in forced marriage cases, and trafficking cases.

His previous experience as one of the Attorney General’s Special Advocates dealing with national security cases enables him to have a good understanding of disclosure and protection matters.

Contempt of Court and Committals

Abid has appeared in High Court and Court of Appeal cases in serious contempt cases. He is also the author of a book (August 2021) “Contempt of Court and the New Rules” published by Law Brief Publishing.

Business & Property

Abid Mahmood has over 30 years experience as a barrister and has been sitting as a Judge (Recorder) in the County Court for 16 years alongside his practice at the Bar.

His commercial law, including Business and Property work, regularly leads to appearing against KCs in respect of a wide range of matters including contempt of court (in which he has authored a book), Inheritance Act matters, injunctions, partnership disputes and dissipation of assets.

Public Law

Abid Mahmood has over 30 years experience as a barrister and has been a Judge of the County Court and Crown Court (Recorder) for 16 years alongside his practice at the Bar.

He has appeared in ground-breaking Judicial Review cases and is recognised as an expert in this field of law in the Legal 500 and Chambers UK.

Related News, Resources and Events

Uncategorised


Court of Appeal Considers Appeal in Respect of Declaration of Death

Abid MAHMOOD appeared on behalf of St George’s Hospital NHS Foundation Trust when Mr Justice MacDonald made declarations that Andy Casey was brain stem dead…

Uncategorised


Abid Mahmood Wins Barrister of the Year at the Asian Professionals Award 2023

No5 Barristers’ Chambers is delighted to announce that Abid MAHMOOD has been awarded Barrister of the Year Award at the inaugural British Asian Professional Awards…

View all related news

        

"He has the ability to think out of the box and develops novel points of law which have not been tested in the High Courts. His advocacy is clear and concise." "Abid has a brilliant all-around knowledge of law and procedure and has thought of novel points on many occasions. He has been involved in many precedents setting cases up for the Supreme Court. He always has time for professional clients and treats lay clients with compassion and respect."


"Abid provides clear and concise explanations of very complex areas of law completed in advance of Court-ordered timescales."


"He's got a good reputation in the area, he's a smooth advocate and has a nice approach to cases."


"Exceptional specialist knowledge and experience. Always supremely well prepared and focused."


"Abid is very supportive, empathetic and knowledgeable and managed our case with utmost confidence and was also able to impart this confidence to us in a time of crisis." "Abid is personable, helpful, and effective."


"Abid has been very effective in taking the heat out of negotiations to allow pragmatic discussions with the other side. My clients have been "extremely impressed" with him and his calm but firm manner has been a perfect fit for this case."


"Provided clear and decisive input in a judicial review claim."


"Highly experienced in judicial review proceedings."


"He masters the tricky balance of reassuring clients in very emotive cases without sugar-coating things."


“Abid’s advocacy is quite beguiling. He is very impressive and persuasive on his feet and is almost able to ‘lull’ the court and the other parties into agreeing with him. He is also superb with lay clients and is able to pitch his advice in just the right way.”


"An immigration law specialist – he is super-efficient and knows the law inside out." "A senior junior with experience before the Supreme Court."


"A Deputy Upper Tribunal Judge and a Special Advocate, Abid Mahmood covers the full range of immigration matters. He is recognised for his work on judicial reviews and has experience in handling national security proceedings"


  • Asian Professional Awards Barrister of the Year 2023
  • Shortlisted for LALY Awards for Barrister of the Year
  • Shortlisted for Barrister of the Year by Birmingham Law Society
  • Deputy Upper Tribunal Judge (IAC)
  • First-Tier Tribunal Judge (IAC)
  • Recorder of the County Court (civil and family law)
  • Recorder of the Crown Court
  • Recorder of the Crown Court (since 2008)
  • Recorder of the Family Court (since 2008)
  • Recorder of the County Court (since 2008
  • Nominated Judge of the Court of Protection
  • First-tier Tribunal Judge (Immigration and Asylum Chamber) since 2006
  • Deputy Upper Tribunal Judge (Immigration and Asylum Chamber) since 2015
  • Former Attorney General’s Special Advocate Founder and former Head of Immigration Group at No5 Barrister Chambers
  • Punjabi
  • Urdu
  • Basic French
  • Spanish

Related News, Resources and Events

Uncategorised


Court of Appeal Considers Appeal in Respect of Declaration of Death

Abid MAHMOOD appeared on behalf of St George’s Hospital NHS Foundation Trust when Mr Justice MacDonald made declarations that Andy Casey was brain stem dead…

Uncategorised


Abid Mahmood Wins Barrister of the Year at the Asian Professionals Award 2023

No5 Barristers’ Chambers is delighted to announce that Abid MAHMOOD has been awarded Barrister of the Year Award at the inaugural British Asian Professional Awards…

View all related news

Clerk Team

Abdul Hafeez

Practice Director, Immigration & Public Law

abdulh@no5.com

07957 403805

Lucas Bennett

Practice Manager, Immigration & Public Law

lucasb@no5.com

Jordan Lloyd

Immigration & Public Law Clerk

jordanl@no5.com

Emily Johnston

Immigration & Public Law Clerk

emilyj@no5.com

Hannah Muxlow

Immigration & Public Law Clerk

hannahm@no5.com

Isabella Taylor

Immigration & Public Law Clerk

isabellat@no5.com

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

    Download    Add to portfolio   
    Portfolio
    TitleTypeCVEmail

    Remove All

    Download


    Click here to share this shortlist.
    (It will expire after 30 days.)