Meet the latest entrant into the Yorkshire Legal Awards Hall of Fame: Barrister Zira Hussain from Broadway House Chambers, who won the 2022 Family Law Award
A standout family law barrister, Zira Hussain from Broadway House Chambers combines her legal expertise with religious and ethnic knowledge to advise and represent individuals in complex and culturally sensitive cases. The past 12 months has seen Zira appear in several significant cases involving public and private children law and financial remedies. She actively raises awareness of forced marriage and BAME women accessing legal advice by giving talks on forced marriage.
Zira’s ability to build trust and communicate effectively with clients enables her to deliver an exemplary legal service, something that was acknowledged when she won the Family Law Award at the 2022 Yorkshire Legal Awards. She’s also shortlisted for Junior Barrister of the Year at this year’s LexisNexis Family Law Awards, the winner of which will be announced at the end of November.
Zira Hussain at the Yorkshire Legal Awards 2022
Here, Zira reveals more about her and her practice.
What made you want to become a barrister?
I studied A-level law, which unlocked my interest in the subject. I’ve always had an inherent sense of justice and like to be intellectually challenged. This, coupled with my love of debate, made law the perfect subject for me to study. Originally, I wanted to qualify as a solicitor, but towards the end of my degree my parents, who have always been phenomenally supportive of me, encouraged me to apply for the then Bar Vocational Course.
Initially, I was very hesitant. At that time (the mid-1990s), the Bar was dominated by white middle class, Oxbridge-educated men, and I didn’t think I stood a chance, despite the fact I knew I was more than capable. In the end, it was because of the incredible support and advice given to me by my tutors at the University of Huddersfield that meant I went for it. I was under no illusion that the journey to becoming a barrister would be a tough one, it is for everyone, and I haven’t looked back since making that decision.
How does your background and experiences influence your work?
As the daughter of illiterate, working-class immigrants, and having spent my formative years living in rural Kashmir, I was nine before I learnt to speak English fluently. This has inevitably given me a certain amount of resilience and determination. As a working-class, state-educated Pakistani and Muslim female, my life experiences have enabled me to have a better understanding of my client’s needs and a high degree of empathy.
Being fluent in Urdu and Punjabi enables me to speak with clients in their native language, which helps break down barriers and enables them to feel comfortable opening up to me as they feel reassured that I have a good understanding of the cultural and religious issues affecting their cases.
Who has influenced you most during your career?
David Hershman QC (Credit: Photoshot / Topfoto)
Without doubt it is the late David Hershman QC, who passed away suddenly in 2004, aged just 45. He was a remarkable advocate and human being and remains one the most inspirational person I have met in my professional life.
He authored Children Law and Practice, known as “Hershman and McFarlane”, which was published on the day that the 1989 Children Act came into force. It was soon to be seen in lawyers’ offices and on judges’ benches up and down the country. He routinely appeared in the High Court in some of the most challenging of cases, and his practice stretched beyond courts on the Midland Circuit, particularly after his appointment as a QC in 2002. David was also a Recorder and Deputy High Court Judge.
David recruited me when I joined St Philip’s Chambers in Birmingham where I practised before I relocated back to West Yorkshire. Being recruited by David is my proudest career moment. I was honoured that such an esteemed barrister had confidence in me and thought I would have a successful career at the Bar. It was an honour and a privilege to have worked with David from whom I learned so much about children law.
How has your practice changed over the past few years?
I have practised exclusively in family law since completing pupillage. While my expertise extends across all areas of family work, my preferred area of practice is financial remedy. I’m fortunate that my chambers, Broadway House Chambers, has an outstanding reputation for financial remedy work and many of my colleagues in the family team are leaders in this field.
Being part of such an expert team means there is collective sharing of knowledge and experience, which can be invaluable.
In practical terms, recent years have seen a shift towards remote working, promoted by the profession’s reaction to the pandemic. Although many court hearings are now in person, some are still conducted remotely, which is undoubtedly an efficient use of court time, and, in certain cases, beneficial for the parties involved.
What has been one of your standout cases?
A standout case of mine that springs to mind is one that involved religious upbringing: Re N (A Child: Religion: Jehovah’s Witness) 2011 EWHC 3737, which was heard by HHJ Bellamy, sitting as a judge of the High Court. The case remains good law and is still referred to.
It involved the parents of a four-year-old boy who separated. The mother was a Jehovah’s Witness, the father Anglican and in the armed forces. The father sought to restrict the mother’s influence on the child regarding her religion, which involved taking him to meetings and house-to-house evangelism and restricting his participation in activities that she considered inconsistent with her faith, such as attending birthday parties, celebrating Christmas and visiting other places of worship. She had withdrawn the child from a nativity play when she found out he had a part, without consulting the father.
A shared residence order was agreed in principle and the judge ordered a broadly equal sharing of time, which would help guard against the risk of one party’s religion predominating. Neither parent has a predominant right to choose a child’s religious upbringing and restrictions can be imposed where that is necessary for the welfare of the child.
If you could change anything about the law, or how family cases are dealt with, what would it be?
I can’t see the delays in court listing improving any time soon, so I think more could be done to promote the benefits of private alternative dispute resolution (ADR) and arbitration to separating couples. It might not be appropriate in all cases, but ADRs are cheaper, more flexible and quicker than court proceedings. They also test the skills of the lawyers involved as they require strong listening skills, empathy and creative thinking. I can think of lots of Yorkshire lawyers who have these skills in abundance!
What are your ambitions for the future?
It’s not simply a case of me wanting to continue to build a first-class family law practice. I want to continue to empower and inspire BAME women in the legal profession, especially at the Bar and would be happy to mentor those that want to specialise in family law. I also want to ensure that legal services are readily available to the most vulnerable and disadvantaged in society where there is access to legal aid available for such cases.
