Naomi Hart

Professional practice

Naomi is described as a “leading star at Essex Court”. She has a diverse practice in international, commercial, human rights and public law and was identified as one of the Hot 100 by The Lawyer in 2023. She is recognised in the major directories as a leading junior in Public International Law, International Arbitration, Administrative Law and International Human Rights Law and in 2023 was shortlisted as International Law Junior of the Year. She is recommended by her professional clients for:

Her intellect and judgment (“Naomi has a brilliant mind and her analytical skills are exceptional”; “her instincts are spot on when giving advice”; “She has an incredibly thorough and forensic mind. Excellent legal research skills and impressive legal judgement”; “astute analytical abilities”; “legally sharp and incredibly knowledgeable”; “ferociously bright”; “a first-rate academic mind, coupled with a practical and no-nonsense approach to the details of a case”; “very intelligent, very sharp”);
Her advocacy and drafting (“A leading star at Essex Court — tremendously able as an advocate with a wonderful style”; “She is superb at drafting”; “She’s a really fantastic advocate”; “she performs well beyond her years”);
Her manner and work ethic (“She is a delight to work with, incredibly hard-working and well trusted by clients”; “She’s extremely good, and is very thorough and efficient — she has a wisdom about her”; “a huge pleasure to work with”; “Naomi is beyond brilliant, extremely pleasant to work with and dedicated to her clients”; “super efficient and quick to respond to several different issues that may arise”; “huge commitment to her cases”; “very diligent, very efficient and gets on with things”; “super user-friendly and a pleasure to work with”).

Naomi’s commercial practice encompasses civil fraud, conflict of laws, shipping and general commercial disputes. She acts as junior and sole counsel, having recently appeared in the Court of Appeal, the Commercial Court, the Chancery Division and the King’s Bench Division (including the Administrative Court). She has also been involved in cases before the courts of the Cayman Islands, the British Virgin Islands, Mauritius, Sweden, Türkiye, Norway, Australia and Malaysia (among others). Her arbitration experience includes proceedings under the DIFC, LCIA, ICC, PCA, SCC, ICSID, UNCITRAL and LMAA Rules.

Naomi has an extensive practice in public international law. She has acted in eight cases before the International Court of Justice as well as in proceedings before the International Tribunal for the Law of the Sea, the European Court of Human Rights, and the Council of the International Civil Aviation Organization. She is routinely involved in cases before English and foreign domestic courts which involve questions of public international law as well as in investor-State disputes. She also has a wide human rights practice before English, international and foreign domestic courts, much of which is pro bono.

Spanning her international, human rights, commercial and public law practice, Naomi acts regularly in diverse matters involving climate change and other environmental issues.

In 2020, Naomi was appointed to both the Public International Law C Panel of Junior Counsel and the Attorney General’s London C Panel of Civil Counsel. In 2023, she was appointed to the Legal Services Panel of the Government of the Virgin Islands. She is a Trustee of the British Institute of International and Comparative Law, a member of the Bar Council’s International Committee and on the Executive Committee of the Bar Human Rights Committee.

Naomi holds a doctorate in international law from the University of Cambridge, for which was she awarded the Faculty of Law’s prestigious Yorke Prize. She is admitted as a solicitor in New South Wales. At the University of Sydney, she received First Class Honours in her Law degree (ranking second in her year) and the University Medal and First Class Honours in History (ranking first in her year).

What Others Say

The Lawyer listed Naomi as one of its “Hot 100” of 2023. It said that her practice in public international and human rights law had “surged” and that she had “an impressive case list for a barrister who was called to the Bar just six years ago”.

The directories list Naomi as a leading junior in Public International Law, International Arbitration, Administrative Law and Human Rights Law and in 2023 Legal 500 shortlisted Naomi as International Law Junior of the Year.

Legal 500 2024 (Administrative Law and Human Rights): “A fantastic lawyer — legally sharp and incredibly knowledgeable, with great attention to detail and huge commitment to her cases.”

Legal 500 2024 (Public International Law): “Naomi is a star — ferociously bright, very hard-working, a great team player and her analytical skills are exceptional. Her practice in PIL is growing quickly.”

Legal 500 2024 (International Arbitration: Counsel): “Naomi has a first-rate academic mind, coupled with a practical and no-nonsense approach to the details of a case. This is a formidable combination, and means that she performs well beyond her years.”

Chambers & Partners 2024 (International Arbitration: General Commercial & Insurance client): “Naomi is very intelligent, very sharp, very efficient and gets on with things”; “She is super user-friendly and a pleasure to work with.”

Chambers & Partners 2024 (Public International Law): “She is very diligent”; “Good knowledge of some niche areas.”

Chambers & Partners 2024 (International Human Rights Law): “She is a delight to work with, incredibly hard-working and well trusted by clients. Really excellent on ECHR issues in particular.”

Chambers & Partners 2023 (Public International Law): “Naomi is an outstanding public international lawyer”; “She’s extremely good, and is very thorough and efficient — she has a wisdom about her.” “She’s a really fantastic advocate.”

Chambers & Partners 2023 (International Human Rights Law): “She has an incredibly thorough and forensic mind. Excellent legal research skills and impressive legal judgement.”

Legal 500 2023 (Public International Law): “Naomi has a brilliant mind and her analytical skills are exceptional. Her practice in PIL is growing quickly, and rightly so. She is excellent in the investor state dispute field, but in pure state-versus-state cases also.”

Legal 500 2023 (International Arbitration): “A leading star at Essex Court — tremendously able as an advocate with a wonderful style and a huge pleasure to work with.”

Legal 500 2022 (Public International Law): “Naomi is beyond brilliant, extremely pleasant to work with and dedicated to her clients. She is superb at drafting and has astute analytical abilities.”

Legal 500, 2021 (Public International Law): “super efficient and quick to respond to several different issues that may arise”; “her instincts are spot on when giving advice”.

Notable Recent Cases

Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v Russian Federation): acting for the United Kingdom as an intervening State in this case before the International Court of Justice (led by Ben Juratowitch KC and Philippa Webb).

Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem: counsel and advocate for the Republic of Maldives in these advisory proceedings before the International Court of Justice (led by Amy Sander).

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v Myanmar): acting for the United Kingdom in its joint intervention with Canada, Denmark, France, Germany and the Netherlands in this case before the International Court of Justice (led by Alison Macdonald KC and Dapo Akande).

Shell UK Limited and Ors v Greenpeace Limited and Ors: acting for Greenpeace and individual activists in a claim by Shell following a protest action at sea against the development of the Penguins oilfield in the North Sea, with important consequences for the rights to freedom of expression, assembly and association (led by Richard Lord KC and with Anna Hoffmann and Joshua Jackson).

Dillon and Ors (Proceedings Challenging the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023): acting in high-profile challenge to primary legislation concerning the grant of immunity and termination of criminal investigations, civil proceedings, inquests and police complaints for crimes committed during the Troubles, raising issues of the UK’s obligations under the European Convention on Human Rights, the Windsor Framework (incorporated into the UK-EU Withdrawal Agreement) and the Belfast Good Friday Agreement (for the Northern Ireland Human Rights Commission as intervener, led by Hugh Mercer KC).

Request for an Advisory Opinion submitted by the Commission of Small Island States on Climate Change and International Law: acting for Belize in these landmark proceedings concerning climate change and the law of the sea (led by Sam Wordsworth KC and Sean Aughey).

London Steam-Ship Owners’ Mutual Insurance Association Limited v French State (“M/T Prestige”) [2023] EWHC 2474 (Comm): acting for France (led by Anna Dilnot KC) in high-profile, long-running litigation and arbitration arising out of a major shipping casualty causing environmental damage to the French and Spanish coasts, giving rise to important conflicts of laws and State immunity issues.

Sovereignty over the Sapodilla Cayes (Belize v Honduras): counsel for Belize in this case before the International Court of Justice concerning sovereignty over a group of islands in the Gulf of Honduras (led by Payam Akhavan, Sam Wordsworth KC, Ben Juratowitch KC and Mathias Forteau).

Cardoso v Salic (UK) Limited: acting in Admiralty Court proceedings on behalf of several thousand claimants seeking compensation, pursuant to Brazilian environmental law, for significant environmental damage caused by a shipping disaster at a Brazilian port (with Jon McDonagh and Russell Hopkins).

Zeph Investments Pte Ltd v Commonwealth of Australia: acting as junior counsel for Australia (led by Jesse Clarke, Stephen Donaghue KC and Sam Wordsworth KC and with Chester Brown and Anna Garsia) in a substantial investment claim relating to a mining project in Western Australia (AANZFTA, UNCITRAL Rules).

Ghazaryan v Azerbaijan: acting as junior counsel for Azerbaijan in a case before the European Court of Human Rights concerning alleged unlawful detention of an enemy soldier during armed conflict, giving rise to important issues concerning the role of international humanitarian law in the interpretation of the European Convention on Human Rights.

SS Tilawa (Argentum Exploration Ltd v Government of Republic of South Africa) [2022] EWCA Civ 1318, [2023] 2 WLR 209: acting as junior counsel for the Republic of South Africa (led by Christopher Smith KC and Jessica Wells) before the Court of Appeal in a claim concerning 2,391 bars of silver allegedly salvaged from a vessel sunk by Japanese torpedoes during the Second World War, giving rise to issues of State immunity and the right to a fair hearing under Article 6 of the European Convention on Human Rights. This was listed by The Lawyer as one of the top 20 appeals of 2022.

Dispute concerning delimitation of the maritime boundary between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives): acting as counsel and advocate (with Alan Boyle, Payam Akhavan, Jean-Marc Thouvenin, Makane Mbengue and Amy Sander) for the Republic of Maldives in this claim before a Special Chamber of the International Tribunal for the Law of the Sea.

Hulley Enterprises Ltd, Yukos Universal Ltd and Veteran Petroleum Ltd v Russian Federation [2021] EWHC 894 (Comm), [2021] 1 WLR 3429: acting as junior counsel (led by Jonathan Crow KC and David Peters) for three companies seeking to enforce multi-billion-dollar arbitral awards (under PCA Rules) against Russia, focusing in particular on issues of State immunity.

Channel Rescue, Freedom from Torture and Ors v Secretary of State for the Home Department [2022] EWHC 517 (Admin): acted as junior counsel (led by David Blundell KC) in judicial review proceedings challenging the Secretary of State’s “pushback” policy in respect of migrant vessels crossing the English Channel. The challenge rested largely on the Human Rights Act and the United Kingdom’s international obligations under the law of the sea.

Republic of Azerbaijan v Republic of Armenia; Republic of Armenia v Republic of Azerbaijan: acting as junior counsel (led by Malcolm Shaw KC and with Jessica Wells, Peter Webster and Freddie Popplewell) for the Republic of Azerbaijan in multiple inter-State proceedings before the Grand Chamber of the European Court of Human Rights concerning the occupation of and armed conflict in the Nagorno-Karabakh region and surrounding territories over three decades. The proceedings also concern the treatment of prisoners of war and civilian captives, as well as Armenia’s failure to provide maps to facilitate landmine clearance in the liberated territories.

Arbitration & related court applications

Naomi appears in the major directories for International Arbitration. She has acted in both commercial and investor-State arbitrations under a variety of rules and also frequently appears in litigation before domestic courts related to arbitral proceedings.

Legal 500 (2024): “Naomi has a first-rate academic mind, coupled with a practical and no-nonsense approach to the details of a case. This is a formidable combination, and means that she performs well beyond her years.”
Chambers & Partners (2024): “Naomi is very intelligent, very sharp, very efficient and gets on with things”; “She is super user-friendly and a pleasure to work with.”
Legal 500 (2023): “leading star at Essex Court — tremendously able as an advocate with a wonderful style and a huge pleasure to work with.”

Hulley Enterprises Ltd, Yukos Universal Ltd and Veteran Petroleum Ltd v Russian Federation [2021] EWHC 894 (Comm), [2021] 1 WLR 3429: acting as junior counsel (led by Jonathan Crow KC and David Peters) for three companies seeking to enforce multi-billion-dollar arbitral awards (under PCA Rules) against a foreign State in the English Commercial Court, focusing in particular on issues of State immunity.

Arbitration pursuant to Article 32 of the Constitution of the Universal Postal Union (State of Qatar v Arab Republic of Egypt): acted as junior counsel (led by Payam Akhavan) for the Arab Republic of Egypt in these proceedings before a PCA-administered Tribunal constituted under the instruments of the Universal Postal Union.

Socomet Sales S.A.R.L. v GMB Marine Group Oil & Gas Security: acted as sole counsel in a claim before the Commercial Court to restrain pursuit of an arbitration against a shipbroker which was not a party to the arbitration agreement.

Acting as junior counsel (led by Toby Landau KC and Lucas Bastin KC) on behalf of two investors in proceedings under bilateral investment treaties concerning the host State’s breaches of duties in the telecommunications sector (UNCITRAL Rules).

Acted as junior counsel (led by Toby Landau KC and Will Thomas KC) in an arbitration in respect of gas development projects in Nigeria (UNCITRAL Rules).

Acted as junior counsel (led by Penny Madden KC and Vernon Flynn KC) in an arbitration concerning exclusive distributorship agreements in Angola, Mozambique and Cameroon (LCIA Rules).

Acted as junior counsel (led by Claire Blanchard KC) for a State-owned gas aggregator in two sets of parallel proceedings relating to gas supply to chemical plants, each worth tens of millions of dollars (ad hoc).

Acted as junior counsel (led by Jeremy Brier) for the claimant in an arbitration arising out of the marketing of luxury motor yachts (LCIA Rules).

Advised the owners of a minerals investment on a potential claim under a European State’s Investment Law (led by Sam Wordsworth KC).

Acted as junior counsel (led by Iain Quirk) for an international organisation in several arbitrations concerning termination of certain consultancy contracts (UNCITRAL Rules) and related High Court challenges.

Acted as junior counsel (with Peter Webster) on behalf of an African State in an investor-State arbitration concerning two construction contracts interrupted by armed conflict (UNCITRAL Rules).

Acted as junior counsel (led by Graham Dunning KC) on behalf of three investors in a multi-billion dollar investor-State arbitration against an Eastern European State brought pursuant to a multilateral investment treaty, which has involved advising on the effect of an associated arbitration under the LCIA Rules (SCC Rules).

Acted as junior counsel (led by Claire Blanchard KC) in an arbitration seated in Dubai concerning recovery under a guarantee for non-payment of a commercial debt (DIFC-LCIA Rules).

Acted as junior counsel (led by Philippa Hopkins KC) in an arbitration concerning allegedly undersized anchors on a superyacht (LMAA Rules).

Acted as sole counsel in an arbitration concerning alleged underperformance of a vessel and a claim in respect of damaged cargo (LMAA Rules).

Acted as sole counsel in an arbitration concerning a claim for overpaid hire following the late delivery of a vessel (LMAA Rules).

Arts and cultural heritage

Naomi has a growing practice in matters relating to art and cultural heritage. She has, for example, advised on issues relating to the repatriation and/or loans of cultural property. She has a particular specialism in international law relating to the protection of cultural heritage and conflict of law issues concerning items of cultural significance.

Republic of Azerbaijan v Republic of Armenia: acting as junior counsel (led by Malcolm Shaw KC and with Jessica Wells, Peter Webster and Freddie Popplewell) for the Republic of Azerbaijan in inter-State proceedings before the Grand Chamber of the European Court of Human Rights, with the claim covering destruction of cultural property during armed conflict and throughout a decades-long occupation.

Barngarla Determination Aboriginal Corporation RNTBC v Minister for Resources [2023] FCA 809: assisted Dapo Akande in preparing an expert report on the rights of indigenous peoples under customary international law (including in relation to cultural heritage and identity) in a case before the Federal Court of Australia concerning a decision to establish a radioactive waste facility on indigenous land.

Co-authored a high-profile opinion on international criminal liability and State responsibility for crimes against humanity and genocide, including with reference to deliberate cultural erasure and the destruction of cultural property (led by Alison Macdonald KC).

Co-authored (with Malcolm Shaw KC) reports for the United Nations General Assembly and Security Council concerning war crimes relating to the destruction of cultural property.

Civil Fraud & Asset Recovery

Acted as junior counsel (led by Penny Madden KC and Vernon Flynn KC) in an arbitration concerning allegedly fraudulent breaches of exclusive distributorship agreements in Angola, Mozambique and Cameroon (LCIA Rules).

Advising (as sole counsel) on a potential claim concerning a sham investment scheme.

Advising (as sole counsel) on a potential claim concerning a man-in-the-middle fraud in the commodities sector.

Instructed as junior counsel in Chancery Division proceedings concerning the recognition by English courts of Russian liquidation proceedings following allegations of fraud by the company’s liquidator.

Assisted counsel in obtaining an ex parte injunction in the Chancery Division to prevent trading of assets of and shares in off-shore companies which were believed to hold assets on trust for an individual in bankruptcy.

Climate change and the environment

Naomi has experience of cases relating to climate change and the environment in a wide variety of legal fields, including public international law, tort, public law, investor-State and human rights claims. She has acted for States and private parties in diverse domestic and international fora and advises regularly on environmental issues.

R (River Action) v Environment Agency: acting in judicial review proceedings concerning the regulation of agricultural pollution in the River Wye (for the National Farmers’ Union as intervener, led by Hugh Mercer KC).

Barngarla Determination Aboriginal Corporation RNTBC v Minister for Resources [2023] FCA 809: assisted Dapo Akande in preparing an expert report on the rights of indigenous peoples under customary international law (including in relation to land, territory and resources) in a case before the Federal Court of Australia concerning a decision to establish a radioactive waste facility on indigenous land.

Advising on a potential arbitration where a government failed to renew a petroleum exploration licence, including in light of environmental concerns.

Advised States on matters relating to international climate change negotiations and treaties through Legal Response International.

Advised on obligations under the Convention for the Conservation of Antarctic Marine Living Resources.

Co-author of multiple blog posts on legal issues relating to climate change and the environment, including in relation to climate change-related tort claims by foreign claimants, the regulation of deforestation in supply chains, climate change and proceedings before the ICJ and ITLOS, the human right to a clean and healthy environment under custom and treaty, and environmental complaints under the OECD’s complaints procedures. She has also appeared at a conference to speak on using international law in climate change cases before domestic courts.

Commercial dispute resolution

Hulley Enterprises Ltd, Yukos Universal Ltd and Veteran Petroleum Ltd v Russian Federation [2021] EWHC 894 (Comm), [2021] 1 WLR 3429: acting as junior counsel (led by Jonathan Crow KC and David Peters) for three companies seeking to enforce multi-billion-dollar arbitral awards against a foreign State in the English Commercial Court.

Acted as junior counsel (led by Toby Landau KC and Will Thomas KC) in an arbitration in respect of gas development projects in Nigeria (UNCITRAL Rules).

Acted as junior counsel (led by Penny Madden KC and Vernon Flynn KC) in an arbitration concerning exclusive distributorship agreements in Angola, Mozambique and Cameroon (LCIA Rules).

Acted as junior counsel (led by Claire Blanchard KC) for a State-owned midstream gas aggregator in two sets of parallel proceedings relating to gas supply to chemical plants, each worth tens of millions of dollars (ad hoc).

Tansy Shiptrade Inc v Elemento Limited and Rothenberg [2020] EWHC 248 (Comm): acted for the Defendants in proceedings involving an injunction preventing the sale of cargo of a ship (led by James Collins KC).

European Metal Recycling Limited v Charterama BV: acted as junior counsel (led by David Walsh) in this Commercial Court claim under a policy of charterers’ liability insurance.

Peter Black Footwear and Accessories Limited and Visage Limited v Fawaz Abdulaziz Alhokair & Co: acted as junior counsel (led by Claire Blanchard KC) in Commercial Court litigation concerning recovery of a debt under a contract for the sale of fashion goods.

Bush v Baines, Taylor and Attorney-General of the Cayman Islands: acting as junior counsel before the Grand Court of the Cayman Islands, instructed by the Attorney General’s Office, concerning alleged conspiracy to injure and malicious prosecution of the former Premier of the Cayman Islands.

Instructed as junior counsel (led by Hugh Mercer KC) in a Commercial Court claim for damages under a contract for the sale of animal feed involving issues of contract, regulatory and EU law.

Conflict of laws & private international law

Hulley Enterprises Ltd, Yukos Universal Ltd and Veteran Petroleum Ltd v Russian Federation [2021] EWHC 894 (Comm), [2021] 1 WLR 3429: acting as junior counsel (led by Jonathan Crow KC and David Peters) for three companies seeking to enforce multi-billion-dollar arbitral awards (under PCA Rules) against a foreign State in the English Commercial Court, involving consideration of issue estoppel based on principles of res judicata under Dutch law.

Shell UK Limited and Ors v Greenpeace Limited and Ors: acting for Greenpeace and individual activists in a claim by Shell following a protest action at sea against the development of the Penguins oilfield in the North Sea, involving questions of Maltese civil and criminal law (led by Richard Lord KC and with Anna Hoffmann and Joshua Jackson).

BB and Ors v Al Khayyat and Ors: acted as junior counsel (led by Joe Smouha KC) in a claim brought by Syrian refugees concerning alleged terrorist financing by Qatari institutions and nationals, involving questions of Syrian law and the jurisdiction of the English courts.

Instructed as junior counsel (led by Vaughan Lowe KC) to advise an international organisation on a potential mass tort claim before English courts implicating questions of domicile, applicable law and immunity from suit under domestic and international law.

Instructed as junior counsel (led by Louise Hutton) in a counter-appeal before the Eastern Caribbean Court of Appeal regarding the stay of a claim before the BVI courts in favour of a claim before the courts of Mauritius, where both claims related to alleged breaches of internal corporate governance rules.

Acted as junior counsel (led by Toby Landau KC and Will Thomas KC) in an arbitration in respect of gas development projects in Nigeria, giving rise to matters of BVI company law (UNCITRAL Rules).

Employment

Naomi’s employment law cases primarily involve issues of conflicts of law or public international law, including State immunity issues. Many of her employment cases also have a business and human rights angle.

Benyatov v Credit Suisse Securities (Europe) Ltd [2020] EWHC 85 (QB), [2020] EWHC 313 (QB); [2020] EWHC 682 (QB), [2020] 1 WLR 2913; [2022] EWHC 135 (QB), [2022] 4 WLR 54: acting as junior counsel (with Charles Ciumei KC and Andrew Legg) on behalf of a former investment banker arising from alleged breaches of duty by his former employer in relation to his prosecution for espionage in Romania.

Blagoev and Ors v Uber London Ltd and Ors: acting as junior counsel (led by Dan Oudkerk KC) on behalf of several hundred Uber drivers in High Court and Employment Tribunal proceedings against Uber for failure to pay minimum wage and holiday pay.

Mulumba v Partners Group (UK) Ltd and Partners Group (USA) Inc, UKEAT/0237/20/RN, [2021] ICR 1501: acted as junior counsel (led by David Craig KC) for a private equity firm in a successful appeal against the Employment Tribunal’s judgment that it had jurisdiction in respect of an employment relationship with significant connections to places outside of the United Kingdom.

Tabidi v British Broadcasting Corporation [2020] EWCA Civ 733, [2020] IRLR 702: acted as junior counsel (led by Charles Ciumei KC) in Court of Appeal proceedings regarding a claim of sex discrimination in a recruitment exercise.

Janah and Benkharbouche v United Kingdom, Ahmed and Buttet v United Kingdom: acted as junior counsel (led by Jessica Wells) for the United Kingdom in these claims before the European Court of Human Rights concerning the interaction between Articles 6 and 14 of the European Convention on Human Rights and grants of State immunity in the context of employment claims.

Acted as junior counsel (led by Iain Quirk) for an international organisation in several arbitrations (and related High Court challenges) concerning termination of certain consultancy contracts where the claimants alleged they were de facto employees of the organisation (UNCITRAL Rules).

Human rights & civil liberties

Naomi’s human rights practice (much of which is pro bono) has related to domestic, United Nations and regional (European, African and Inter-American) human rights systems. She has expertise on: (i) the scope and application of human rights obligations (such as their application during armed conflict, their extraterritorial application, and States’ purported derogation and withdrawal from human rights treaties); and (ii) a range of substantive rights including the rights to life, to a fair trial, to freedom from torture and cruel, inhuman and degrading treatment, to freedom of peaceful assembly, to freedom of expression, to privacy and home life, and to freedom of movement, as well as the rights of refugees, internally displaced persons and asylum seekers. She has worked on cases before international courts and tribunals, as well as before domestic courts in a number of jurisdictions. She has also acted in an advisory capacity on human rights issues for States, individuals, international organisations and civil society organisations, and has prepared expert reports for domestic courts on human rights issues.

Naomi appears in the major directories in the human rights field:

Legal 500 (2024): “A fantastic lawyer — legally sharp and incredibly knowledgeable, with great attention to detail and huge commitment to her cases.”
Chambers & Partners (2024): “She is a delight to work with, incredibly hard-working and well trusted by clients. Really excellent on ECHR issues in particular.”
Chambers & Partners (2023): “She has an incredibly thorough and forensic mind. Excellent legal research skills and impressive legal judgement.”

Naomi serves on the Executive Committee of the Bar Human Rights Committee.

EUROPEAN COURT OF HUMAN RIGHTS

Republic of Azerbaijan v Republic of Armenia: acting as junior counsel (led by Malcolm Shaw KC and with Jessica Wells, Peter Webster and Freddie Popplewell) for the Republic of Azerbaijan in inter-State proceedings before the Grand Chamber of the European Court of Human Rights concerning the occupation of and armed conflict concerning the Nagorno-Karabakh region and surrounding territories over three decades. The proceedings also concern Armenia’s failure to provide maps to facilitate landmine clearance in the liberated territories.

Republic of Armenia v Republic of Azerbaijan: acting as junior counsel (led by Malcolm Shaw KC and with Jessica Wells, Peter Webster and Freddie Popplewell) for the Republic of Azerbaijan in multiple inter-State applications by Armenia before the Grand Chamber of the European Court of Human Rights concerning conflict in the Nagorno-Karabakh region, which Armenia had occupied for three decades.

Adamyan v Azerbaijan: acting as junior counsel for Azerbaijan in a case before the European Court of Human Rights concerning alleged violations of Articles 2 and 3 of the European Convention on Human Rights in respect of enemy combatants during armed conflict.

Asgarova and Veselova v Armenia: acted as junior counsel (led by Malcolm Shaw KC) for the Republic of Azerbaijan as intervener in proceedings before the European Court of Human Rights concerning alleged human rights violations against Azerbaijani nationals visiting territory now occupied by Armenian forces, focusing on the responsibility of Armenia for the conduct of a subordinate local administration.

Advised on a potential claim before the European Court of Human Rights concerning conduct of organs of the European Union, raising questions of Member States’ responsibility for the conduct of international organisations.

OTHER INTERNATIONAL COURTS AND TRIBUNALS

Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v Russian Federation): acting for the United Kingdom as an intervening State in this case brought under the Genocide Convention before the International Court of Justice (led by Ben Juratowitch KC and Philippa Webb).

Khachatryan v Azerbaijan: claim before UN Committee Against Torture concerning alleged mistreatment of a prisoner of war.

Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965: instructed as junior counsel (led by Vaughan Lowe KC) for the Republic of Cyprus in these advisory proceedings before the International Court of Justice concerning the right to self-determination.

DOMESTIC COURTS

Acting as sole counsel for a victim of human trafficking before the First Tier Tribunal in an appeal against a decision of the Criminal Injuries Compensation Authority, successfully overturning the Authority’s finding that the appellant had not sufficiently cooperated in bringing his traffickers to justice.

The “Saturday Mothers/People” case: co-author of an expert opinion on the human right to protest, submitted on behalf of the Bar Human Rights Committee and Article 19 to an Istanbul criminal court in relation to the prosecution of members of a peaceful protest movement.

London Steam-Ship Owners’ Mutual Insurance Association Limited v French State (“M/T Prestige”) [2023] EWHC 2474 (Comm): acting for France (led by Anna Dilnot KC) in high-profile, long-running litigation and arbitration arising out of a major shipping casualty causing environmental damage to the French and Spanish coasts, involving issues of the human right to a fair trial in light of a conferral of State immunity.

Barngarla Determination Aboriginal Corporation RNTBC v Minister for Resources [2023] FCA 809: assisted Dapo Akande in preparing an expert report on the rights of indigenous peoples under customary international law in a case before the Federal Court of Australia concerning a decision to establish a radioactive waste facility on indigenous land.

R (AA) v Secretary of State for the Home Department: acted as sole counsel in a judicial review claim before the Upper Tribunal relating to delay in resolving an application for leave to remain on the basis of Article 8 ECHR.

Advised in relation to a claim before Norwegian courts concerning Article 6 of the European Convention on Human Rights following a maritime collision.

Acted as junior counsel (led by Iain Quirk) for an international organisation in several arbitrations (and related High Court challenges) concerning termination of certain consultancy contracts, where the claimants’ right to a fair hearing under Article 6 and the organisation’s privileges and immunities were at issue (UNCITRAL Rules).

ADVISORY AND OTHER WORK

Advised the International Human Rights Service (with Alison McDonald KC, Ben Juratowitch KC and Amy Sander) on the crime of gender apartheid under international law, with particular reference to the conduct of the Taliban in Afghanistan (advice available here).

Co-authored a high-profile opinion on international criminal liability and State responsibility for crimes against humanity and genocide (led by Alison Macdonald KC).

Advised a State on the drafting of its new constitution in light of international treaty law and human rights obligations (led by Dapo Akande).

Co-authored reports on behalf of the Republic of Azerbaijan concerning international legal matters arising from occupation of its territory, including in relation to war crimes and breaches of human rights obligations, which were circulated to the United Nations General Assembly and Security Council.

Advised the Human Rights Law Centre, an Australian non-governmental organisation, on the legality of inter-State espionage under public international law.

Assistant Editor of the European Human Rights Reports (2017–present).

Investment treaty disputes

Hulley Enterprises Ltd, Yukos Universal Ltd and Veteran Petroleum Ltd v Russian Federation [2021] EWHC 894 (Comm), [2021] 1 WLR 3429: acting as junior counsel (led by Jonathan Crow KC and David Peters) for three companies seeking to enforce multi-billion-dollar investor-State arbitral awards (PCA Rules) against a foreign State in the English Commercial Court, focusing in particular on issues of State immunity.

Acting as junior counsel (led by Toby Landau KC and Lucas Bastin KC) on behalf of two investors in proceedings under two bilateral investment treaties concerning the host State’s breaches of duties in the telecommunications sector (UNCITRAL Rules).

Acted as junior counsel (with Peter Webster) on behalf of an African State in an investor-State arbitration concerning two construction contracts interrupted by armed conflict (UNCITRAL Rules).

Advised the owners of a minerals investment on a potential claim under a European State’s Investment Law (led by Sam Wordsworth KC).

Acted as junior counsel (led by Graham Dunning KC) on behalf of three investors in a multi-billion dollar arbitration against an Eastern European State brought pursuant to a multilateral investment treaty (SCC Rules).

Advised a South American State on an investment claim concerning alleged breaches of the fair and equitable treatment standard and the obligation to provide full protection and security, raising issues of whether the relevant investment was made in the State’s territory (with Sam Wordsworth KC) (ICSID Convention).

Public & administrative law

Naomi was appointed to the Attorney General’s London C Panel of Civil Counsel and the Public International Law C Panel of Junior Counsel in 2020. She was appointed to the Legal Services Panel of the Government of the Virgin Islands in 2023.

Naomi was listed in relation to Administrative Law and Human Rights in Legal 500 (2024), which said of her: “A fantastic lawyer — legally sharp and incredibly knowledgeable, with great attention to detail and huge commitment to her cases.”

Channel Rescue, Freedom from Torture and Ors v Secretary of State for the Home Department [2022] EWHC 517 (Admin): acting as junior counsel (led by David Blundell KC) in judicial review proceedings challenging the Secretary of State’s “pushback” policy in respect of migrant vessels crossing the English Channel. The challenge rested largely on the Human Rights Act and the United Kingdom’s international obligations under the law of the sea.

R (F A Gill and Ors) v Food Standards Agency [2022] EWHC 1709 (Admin): acting as junior counsel (led by Hugh Mercer KC) in a judicial review claim concerning the collection of official control charges from food business operators in England.

Barngarla Determination Aboriginal Corporation RNTBC v Minister for Resources [2023] FCA 809: assisted Dapo Akande in preparing an expert report on the rights of indigenous peoples under customary international law in a case before the Federal Court of Australia concerning a governmental decision to establish a radioactive waste facility on indigenous land.

Acted as sole counsel for the Judicial Appointments and Conduct Ombudsman in successfully defending a judicial review claim concerning an alleged failure to investigate a complaint against a member of the judiciary.

Regularly acts as sole counsel in judicial review claims concerning immigration and asylum matters.

Derby Teaching Hospitals NHS Foundation Trust v Derby City Council (Charity Commission for England and Wales Intervening) [2019] EWHC 3436 (Ch), [2020] 2 WLR 390: acted as junior counsel (led by Christopher McCall KC) for the Charity Commission making submissions on the charitable status of NHS Foundation Trusts under legislation and common law.

Instructed as junior counsel (led by Vaughan Lowe KC) to advise an international organisation on matters relating to the effect of the privileges and immunities of its employees under international law and UK immigration law.

Co-author of chapter 15 (EU Law) in Supperstone, Goudie & Walker: Judicial Review (Seventh edition, 2023).

Public international law

In 2023 Naomi was shortlisted as International Law Junior of the Year by Legal 500. She has repeatedly appeared in the legal directories in the field of Public International Law since the earliest years of her practice:

Legal 500 (2024): “Naomi is a star — ferociously bright, very hard-working, a great team player and her analytical skills are exceptional. Her practice in PIL is growing quickly.”
Chambers & Partners (2024): “She is very diligent”; “Good knowledge of some niche areas.”
Chambers & Partners (2023): “Naomi is an outstanding public international lawyer. She is a delight to work with, incredibly hard-working and well trusted by clients. She’s really excellent on ECHR issues in particular”; “She’s extremely good, and is very thorough and efficient — she has a wisdom about her.” “She’s a really fantastic advocate.”
Legal 500 (2023): “Naomi has a brilliant mind and her analytical skills are exceptional. Her practice in PIL is growing quickly, and rightly so. She is excellent in the investor state dispute field, but in pure state-versus-state cases also.”
Legal 500 (2022): “Naomi is beyond brilliant, extremely pleasant to work with and dedicated to her clients. She is superb at drafting and has astute analytical abilities.”
Legal 500 (2021): “super efficient and quick to respond to several different issues that may arise”; “her instincts are spot on when giving advice”.

Naomi was appointed to the Attorney General’s Public International Law C Panel of Junior Counsel in 2020. She is a Trustee of the British Institute of International and Comparative Law and a member of the Executive Committee of the Bar Human Rights Committee.

INTER-STATE MATTERS

Appeal Relating to the Jurisdiction of the ICAO Council under Article 84 of the Convention on International Civil Aviation, and Appeal Relating to the Jurisdiction of the ICAO Council under Article II, Section 2, of the 1944 International Air Services Transit Agreement: acted as junior counsel (led by Payam Akhavan) for the Arab Republic of Egypt in these cases before the International Court of Justice.

Republic of Azerbaijan v Republic of Armenia: acting as junior counsel (led by Malcolm Shaw KC and with Jessica Wells, Peter Webster and Freddie Popplewell) for the Republic of Azerbaijan in inter-State proceedings before the Grand Chamber of the European Court of Human Rights concerning the occupation of and armed conflict concerning the Nagorno-Karabakh region and surrounding territories over three decades. The proceedings also concern Armenia’s failure to provide maps to facilitate landmine clearance in the liberated territories.

State of Qatar v Kingdom of Bahrain, Arab Republic of Egypt, Kingdom of Saudi Arabia and United Arab Emirates: acted as junior counsel (led by Payam Akhavan) for the Arab Republic of Egypt in parallel proceedings before the Council of the International Civil Aviation Organization, brought under the Chicago Convention on International Civil Aviation and the International Air Services Transit Agreement.

OTHER CASES BEFORE INTERNATIONAL COURTS AND TRIBUNALS

Khachatryan v Azerbaijan: claim before UN Committee Against Torture concerning alleged mistreatment of a prisoner of war.

Asgarova and Veselova v Armenia: acted as junior counsel (led by Malcolm Shaw KC) for Azerbaijan as intervener in proceedings before the European Court of Human Rights concerning alleged human rights violations against Azerbaijani nationals visiting territory now occupied by Armenian forces, focusing on the responsibility of Armenia for the conduct of a subordinate local administration.

See also under “Investment Treaty Disputes”.

INTERNATIONAL LAW IN DOMESTIC COURTS

Shell UK Limited and Ors v Greenpeace Limited and Ors: acting for Greenpeace and individual activists in a claim by Shell following a protest action at sea against the development of the Penguins oilfield in the North Sea, involving consideration of the law of the sea and with important consequences for the rights to freedom of expression, assembly and association (led by Richard Lord KC and with Anna Hoffmann and Joshua Jackson).

Hulley Enterprises Ltd, Yukos Universal Ltd and Veteran Petroleum Ltd v Russian Federation [2021] EWHC 894 (Comm), [2021] 1 WLR 3429: acting as junior counsel (led by Jonathan Crow KC and David Peters) for three companies seeking to enforce multi-billion-dollar arbitral awards against a foreign State in the English Commercial Court, focusing in particular on issues of State immunity.

The “Saturday Mothers/People” case: co-author of an expert opinion on the human right to protest under international law, submitted on behalf of the Bar Human Rights Committee and Article 19 to an Istanbul criminal court in relation to the prosecution of members of a peaceful protest movement.

Barngarla Determination Aboriginal Corporation RNTBC v Minister for Resources [2023] FCA 809: assisted Dapo Akande in preparing an expert report on the rights of indigenous peoples under customary international law in a case before the Federal Court of Australia concerning a decision to establish a radioactive waste facility on indigenous land.

Instructed as junior counsel (led by Vaughan Lowe KC) to advise an international organisation on a potential mass claim in tort before English courts implicating its immunity from suit and inviolability of documents under international and domestic law.

Acted as junior counsel (led by Iain Quirk) for an international organisation in several arbitrations (and related High Court challenges) concerning termination of certain consultancy contracts, where the claimants’ right to a fair hearing under Article 6 and the organisation’s privileges and immunities under domestic and international law were at issue (UNCITRAL Rules).

OTHER ADVISORY WORK

Co-authored a high-profile opinion on international criminal liability and State responsibility for crimes against humanity and genocide (led by Alison Macdonald KC).

Advised the Human Rights Law Centre, an Australian non-governmental organisation, on the legality of inter-State espionage under public international law.

Advised States on matters relating to international climate change negotiations and treaties through Legal Response International.

Naomi’s other advisory work on behalf of States, companies, individuals and organisations has covered a vast range of international legal issues, including:

Diplomatic and State immunity;
The immunity of international organisations;
Sanctions;
Reparations under international humanitarian law;
Territorial sovereignty, including in respect of land boundaries and islands;
Maritime entitlements under the United Nations Convention on the Law of the Sea;
The act of State doctrine;
The legality of certain import restrictions under international trade law;
Unlawful occupation of territory;
The drafting of a new constitution in light of international treaty law and human rights obligations; and
Obligations under the Convention for the Conservation of Antarctic Marine Living Resources.

EXPERIENCE PRIOR TO COMING TO THE BAR

Naomi completed a PhD entitled “Espionage and International Law” at St John’s College, University of Cambridge, supervised by Professor Roger O’Keefe. Her dissertation was awarded the prestigious Yorke Prize for a thesis “of exceptional quality, which makes a substantial contribution to its relevant field of legal knowledge”. At Cambridge she also taught Public International Law to undergraduates and The Law of Armed Conflict, the Use of Force and Peacekeeping to LLM students. She has published numerous articles and book chapters on various international law topics.

Her previous international legal work includes the following:

2014: Research Associate to the Lauterpacht Centre for International Law, University of Cambridge, in its project on authoritarian and post-conflict States transitioning into democracies.
2013: Co-author of a research memorandum in response to a request from the Inter-American Court of Human Rights dealing with a case that was active before the Court which involved researching laws and jurisprudence from numerous domestic, regional and international jurisdictions around the world.
2010–13: Research Assistant to Professor Ben Saul, University of Sydney, contributing to his work on international law relating to human rights and terrorism, refugees, armed conflict, peacekeeping and genocide.
2010: Interned at the Australian Human Rights Commission, contributing to projects concerning international human rights law and, for example, Australia’s program of mandatory detention of asylum seekers and discrimination on the basis of sexual orientation and gender identity.
2008: Intern at the Sydney Centre for International Law, undertaking legal research and drafting submissions and legal advice on topics including the provision of compensation to members of the Stolen Generation in Australia, Australia’s approach to promoting good governance in Papua New Guinea, and the drafting of the Nepalese Constitution.

Shipping & admiralty

Shell UK Limited and Ors v Greenpeace Limited and Ors: acting in Admiralty Court proceedings for Greenpeace and individual activists in a claim by Shell following a protest action at sea against the development of the Penguins oilfield in the North Sea, with important consequences for the rights to freedom of expression, assembly and association (led by Richard Lord KC and with Anna Hoffmann and Joshua Jackson).

Aegean Baltic Bank S.A. v Renzlor Shipping Limited, Oceanwide Shipping Limited and Alexandros N. Tranos: acting as sole counsel, including as advocate before the Commercial Court, in this claim concerning alleged default under a loan agreement and two guarantees, where the creditor is alleged to have acted negligently in entering into settlements with the insurers of the primary debtor, a shipowner.

European Metal Recycling Limited v Charterama BV: acted as junior counsel (led by David Walsh) in this Commercial Court claim under a policy of charterers’ liability insurance.

Acted as junior counsel (led by Philippa Hopkins KC) in an arbitration concerning allegedly undersized anchors on a superyacht (LMAA Rules).

Acted as sole counsel in an arbitration concerning alleged underperformance of a vessel and a claim in respect of damaged cargo (LMAA Rules).

Acted as sole counsel in an arbitration concerning a claim for overpaid hire following the late delivery of a vessel (LMAA Rules).

Career

2023: Appointed to the Legal Services Panel of the Government of the Virgin Islands

2020: Appointed to both the Attorney General’s Public International Law C Panel of Junior Counsel and the Attorney General’s C Panel of Civil Counsel

2017: Tenancy at Essex Court Chambers

2016: Pupillage at Essex Court Chambers

2016: Call to the Bar at Lincoln’s Inn

2013: Admission as a Solicitor of the Supreme Court of New South Wales

Education

2012–16: Doctorate in public international law, St John’s College, University of Cambridge

2015–16: Bar Professional Training Course, BPP Law School, London (Outstanding, ranked second across all BPP locations)

2011: Bachelor of Laws, University of Sydney (First Class Honours, ranked second in year)

2009: Bachelor of Arts, University of Sydney (University Medal and First Class Honours, ranked first in year in History)

Awards

2018: Yorke Prize (Faculty of Law, University of Cambridge)

2016: Sunley Scholarship; Buchanan Scholarship (Lincoln’s Inn)

2015–16: BPP Excellence Award (BPP Law School)

2015–16: McMahon Studentship (St John’s College, University of Cambridge)

2015: Winner, American Society of International Law (International Refugee Law Interest Group) Essay Competition

2015: Hardwicke Entrance Award (Lincoln’s Inn)

2014: Research grant from Simón Bolívar Fund and Santander Travel Fund (Cambridge Centre for Latin American Studies)

2012–15: J C Hall Scholarship (St John’s College, University of Cambridge)

2012–15: Honorary Poynton Australia Scholarship (Cambridge Commonwealth Trust)

2011: Winner, Governor-General’s Undergraduate Essay Competition (Constitutional Education Fund of Australia)

2011: Convocation Medal for Undergraduate Achievement (University of Sydney Alumni Council)

2010: Sir Dudley Williams Prize; Nancy Gordon Smith Prize; Academic Merit Prize (Faculty of Law, University of Sydney)

2009: Sir John Peden Memorial Prize for Proficiency in Foundations of Law, Federal Constitutional Law, International Law and Real Property (Faculty of Law, University of Sydney)

2009: Undergraduate Scholarship (Boston Consulting Group)

2008–09: Walter Reid Memorial Prize (Faculties of Arts and Law, University of Sydney)

2008: Philippe Erdos Prize in History (Faculty of Arts, University of Sydney)

2008: Norman Harper Prize (Australasian Journal of American Studies)

2008: Jamieson Award (Australian Federation of University Women)

2007: Dean’s List of Excellence in Academic Performance; Maud Stiles Prize in Senior History (Faculty of Arts, University of Sydney)

2006–07: Walter Reid Book Grant (Faculties of Arts and Law, University of Sydney)

2006: George Arnold Wood Memorial Prize for History II; G S Caird Scholarship in History II (Faculty of Arts, University of Sydney)

2005–10: Merit Scholarship (Faculty of Arts, University of Sydney)

Publications

Co-author of Chapter 15 (EU Law) in Supperstone, Goudie & Walker: Judicial Review (Seventh edition, 2023)

N Hart, “Background Paper: Espionage and Elusive Rules of Customary International Law”, The Oxford Process on International Law Protections in Cyberspace: A Compendium (2022) 297

N Hart, “The Supreme Court’s judgment in Elan-Cane: non-gendered identity and the relationship between the Human Rights Act and the European Convention” (2022) Judicial Review

N Hart, “Complementary Protection and Domestic Courts: The Extent, Method, Purpose and Effects of Judicial Dialogue” in A Müller (ed), Judicial Dialogue and Human Rights (Cambridge University Press, 2017)

N Hart, “Complementary Protection and Transjudicial Dialogue: Global Best Practice or Race to the Bottom?” (2016) 28 International Journal of Refugee Law 171

N Hart and S Srikumar, “Investor-State Arbitration before the High Court of Singapore: Territoriality, Nationality and Arbitrability” (2015) 4 Cambridge Journal of International and Comparative Law 191

N Hart, “Whole-life Sentences in the UK: Volte-face at the European Court of Human Rights?” (2015) 74 Cambridge Law Journal 205

M Crock, N Hart, R McCallum and B Saul, “Making Every Life Count: Ensuring Equality and Protection for Persons with Disabilities in Armed Conflicts” (2014) 40 Monash Law Review 148

I Shearer and N Hart, “The Engagement of Asia-Pacific States with the UN Human Rights Committee: Reporting and Individual Petitions”, in H Nasu and B Saul (eds), Human Rights in the Asia–Pacific Region (Routledge, 2011)

N Hart, “Plaintiff M70/2011 v Minister for Immigration and Citizenship; Plaintiff M106/2011 v Minister for Immigration and Citizenship: Casenote” (2011) 18 Australian International Law Journal 207

N Hart, “Separating the Inquest from the Trial: The Mulrunji Case” (2009) 7(10) Indigenous Law Bulletin 23

Naomi is currently an Assistant Editor of the European Human Rights Reports. She has previously served as Editor-in-Chief of the Cambridge Journal of International and Comparative Law and Editor of the Sydney Law Review.

Barrister at Essex Court Chambers

Professional practice