Barrister Bilal Rawat

Bilal Rawat

Year of call: 1995  

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An incredibly hardworking and skilled advocate.”

– Legal 500, 2016

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Overview


Bilal has a wealth of experience across his chosen practice areas. His private law practice encompasses personal injury, fatal accident and Human Rights Act claims. He deals with disciplinary proceedings brought against medical and social care professionals.

He has significant public law expertise and appears at all levels from the First-Tier Tribunal to the Court of Appeal in substantive appeals and judicial review proceedings.

Known for his inquest work, Bilal deals with cases involving deaths in custody, breaches of health and safety or allegations of medical error. He has extensive experience of public inquiries having been junior counsel to the Bloody Sunday Inquiry. He is currently instructed in the Al Sweady Inquiry. Bilal is a member of the Attorney General’s panel of Special Advocates.

He also acts in public law children proceedings and particularly in cases where heightened issues of security and/or confidentiality arise. He has appeared as a special advocate in care proceedings and been instructed by the Attorney General and the Queen’s Proctor. He practises in the Court of Protection.

With a PhD in neurophysiology, Bilal was a research scientist working in the biomedical sciences prior to establishing a career at the Bar.

Child & Family Personal Injury Public Law

Child & Family


Bilal’s practice in this area is focused principally on cases involving children. In public law proceedings, he has acted for local authorities, parents and guardians. His expertise includes cases concerning non-accidental injury, serious sexual abuse and complex medical issues where his biomedical experience has proved of benefit.

Bilal is often instructed in cases concerning difficult issues of law. He has appeared as a special advocate in care proceedings where the question of the impact of non-disclosure on a party’s Article 6 rights has been at issue. He has also represented the Attorney General and the Queen’s Proctor in disputes over marital status or the genuineness of a divorce. Bilal has particular experience of the intersection of family, human rights and immigration law, having been instructed in judicial review proceedings concerning the recognition of foreign divorces, the registration of births and challenges to age assessments conducted by local authorities. He has advised and represented local authorities and governmental bodies in relation to civil proceedings arising from child protection decisions.

Bilal also undertakes work in the Court of Protection in relation to cases concerning capacity and the best interests of the person.

Child & Family Cases


  • Re Rebecca Watkins (2014): Representing Ofsted at the inquest into the death of a child in local authority care.
  • A v SSHD & Croydon London Borough Council (2013): High Court challenge by an asylum seeker to a local authority’s assessment that he was an adult.
  • BCC v FZ & Ors (2012): Special Advocate in care proceedings where the High Court had made an order for the complete non-disclosure to the parents of the evidential basis of an interim care order.
  • XCC v (1) AA, (2) BB, (3) CC & (4) DD (by her litigation friend, the Official Solicitor) [2012] EWHC 2183 (COP), [2013] 2 All ER 988: The interface between the inherent jurisdiction and the Court’s jurisdiction under the Mental Capacity Act 2005. Advocate to the Court.
  • Dukali v Lamrani (Attorney-General intervening) [2012] EWHC 1748 (Fam), [2012] 2 FLR 1099: Acting for the Attorney General in a case concerning the validity of a marriage conducted in England but according to Moroccan law.

Personal Injury


Bilal undertakes personal injury work on behalf of claimants, insurers and government bodies and has particular experience in stress at work, employer’s liability and public liability claims. His biomedical experience has proved useful.

He has considerable experience of both Article 2 and non-Article 2 inquests having appeared in a number of complex and sensitive investigations which have addressed allegations of the breach of health and safety law, breach of regulatory policy and guidance and of medical malpractice. Bilal also deals with the Fatal Accident Act and Human Rights Act claims that can follow from an inquest. He also undertakes work in the Court of Protection, particularly in relation to matters concerning capacity, treatment and the best interests of the person.

Bilal’s work in this area overlaps with his expertise in dealing with claims brought at common law and under the Human Rights Act for damages for false imprisonment, unlawful detention, breach of privacy and the use of restraints.

Personal Injury Cases


  • Re Frances Andrade (2014): Inquest into the death of a victim of historical sexual abuse.
  • Re Rebecca Watkins (2014): Representing Ofsted at the inquest into the death of a child in local authority care.
  • RHR v MOJ (2013): Claim arising from a back injury sustained at work. Settled for £250,000.
  • Re John Cann (2013): Article 2 investigation into the death of an inmate following a cell fire.
  • XCC v (1) AA, (2) BB, (3) CC & (4) DD (by her litigation friend, the Official Solicitor) [2012] EWHC 2183 (COP), [2013] 2 All ER 988: The interface between the inherent jurisdiction and the Court’s jurisdiction under the Mental Capacity Act 2005. Advocate to the Court.

Public Law


Bilal has extensive experience of challenges to the decisions of public bodies particularly in the areas of education, immigration and asylum, community care, safeguarding children and vulnerable adults, mental health and prison law. He is developing his practice in the areas of data protection and information sharing. He has been instructed on behalf of claimants, governmental bodies and interested parties and regularly appears before the First-Tier tribunal, the Upper Tribunal, the High Court and the Court of Appeal in judicial review proceedings and substantive appeals.

As a special advocate, Bilal has acted in immigration proceedings involving issues of national security. Given his expertise in family law, Bilal has also been instructed as the special advocate in care proceedings where issues of non-disclosure and the consequent impact on a party’s Article 6 ECHR rights have arisen (including the High Court proceedings in BCC v FZ & Ors (2012)).

Bilal was junior counsel to the Bloody Sunday Inquiry from 2000 to 2010 and has more recently been involved in the Al Sweady Inquiry. He has substantial experience of inquest law having, over the last three years, been instructed in a significant number of complex and sensitive Article 2 inquests arising from deaths in police and prison custody, and the deaths of vulnerable adults and children under local authority care. His work in this area overlaps with his experience of non-Article 2 inquests where issues of health and safety and medical malpractice have been raised.

Public Law Cases


 

  • Re Frances Andrade (2014): Inquest into the death of a victim of historical sexual abuse.
  • Al Sweady Inquiry (2013): Public inquiry into allegations of unlawful killing and the ill treatment of Iraqi detainees.
  • AS (Afghanistan) v SSHD [2013] EWCA Civ 1469: Whether an immigration tribunal is bound by the determination of a competent authority that a person is not a victim of human trafficking.
  • Vagh v SSHD [2013] EWCA Civ 1253: Refusal of British citizenship to an Indian national with British overseas citizen status.
  • RM (Zimbabwe) v SSHD [2013] EWCA Civ 775: The acquisition of a right of permanent residence by a non-EEA national spouse under EU law.
  • Re Melanie Beswick (2013): Article 2 inquest into the death of the only female prisoner to have died in the prison estate in 2010.
  • Re Jonathan Pluck (2012): Representing the Chief Constable of Cambridgeshire in an Article 2 inquest following a death in police custody.
  • Re Stephen Hartley (2012): Article 2 inquest into the death of a prisoner murdered by his cellmate.
  • Naseer & Ors v SSHD (2010): Special advocate for three Appellants (including the only successful appellant) in the “Operation Pathway” case.
  • The Bloody Sunday Inquiry (1998): Junior counsel to the Inquiry.
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