Sam Karim KC

Areas of expertise

• Commercial arbitration

  Commercial arbitration

  Sam Karim KC is a specialist lawyer in domestic and international commercial arbitration. He acts as counsel and sits as a panel or sole arbitrator. He is a Member of the Chartered Institute of Arbitrators (MCIArb) and is admitted as a practitioner in the Dubai International Finance Centre Court and the Abu Dhabi Global Markets (ADGM). He is fully conversant in arbitrations under the AAA, Court of Arbitration for Sport, HKIAC, SIAC, ICC, LCIA, ARIAS, UNCITRAL and ICSID, as well as ad hoc arbitrations pursuant to the Arbitration Act 1996, particularly in the Middle East and Brazil. Sam is also a panel arbitrator for the ADGM and the International Islamic Centre for Reconciliation.

  Sam’s work includes:

  • Investment Arbitration
  • Energy Charter
  • Treaty Arbitration
  • WTO Arbitration
  • Construction & Engineering
  • Energy & Natural Resources
  • Oil & Gas, Mining
  • IT & IP
  • Shipping
  • Law of the Sea
  • International Trade
  • Trade Finance
  • Islamic finance

  Speaking engagements

  His expertise are demonstrated and recognised by his invitations to speak at leading global conferences, for example:

  • DIAW
  • RIDW 2023 and 2024
  • BICBCA 2022: Panel member discussing diversity in international arbitration;
  • RESOLVE: Abu Dhabi Global Markets. Moderated a panel on Fintech and Arbitration (2022);
  • International Bar Association (IBA) Annual Conference in Seoul 2019 at an event jointly hosted by the Bar Council of England & Wales and the Korean Bar Council about conducting International Arbitration in London;
  • GAR Live Paris 2019, when he spoke about how International Arbitration can remain at the forefront of international advocacy;
  • At the University of Dubai in 2018, when he spoke about the future of Arbitration against the context of modern technologies;
  • GAR Live Abu Dhabi 2019 when he moderated a distinguished panel on conflicts of interest and disclosure;
  • Chartered Institute of Arbitrators regional events in 2017 and 2018;
  • GAR Live Dubai 2019, when he spoke about Artificial Intelligence and the future of Arbitration;
  • The British and Irish Commercial Bar Association Dispute Resolution Conference in Dubai 2015 when he moderated a distinguished panel on the practical approach to the enforcement of UAE judgments and arbitral awards; and
  • Joint conference with the Ordem dos Advogados do Brasil (Bar Council of Brazil) in 2014 and 2015 on use of International Arbitration in resolving commercial cross border disputes.

  Publications

  • Editor of Karim on International Arbitration: The Global Guide for Practitioners, to be published by Elgar Law in 2025/2026
  • Article in the International Arbitration Law Review, ‘Artificial Intelligence: An Undiscovered Future of Arbitration’, [2019] Int. A.R., Issue 2; and
  • Article in the 2019 Annual Review by the International Islamic Centre for Reconciliation & Arbitration, ‘A New Era for Arbitration in the UAE: The Federal Law Number 6 of 2018 on Arbitration’.
• Procurement

  Procurement

  Sam has specific and detailed expertise in public procurement and State Aid having been involved in cases in the TCC, Administrative Court and Court of Appeal.

  His specialist practice includes:

  • Commercial disputes arising from performance of government contracts such as benchmarking;
  • Market testing and performance issues;
  • Concessions and part B contracts;
  • Health service procurement, and outside the EU;
  • Project finance and PFI/PPP matters;
  • Regeneration schemes;
  • Procurement by EU institutions;
  • State aid and procurement; and
  • Utilities procurement.

  Recent cases

  • Acted for the Claimants alleging that a private body was subject to the PCR as a contracting authority and/or alternatively that an implied/express contract existed and/or that the decision was amenable to judicial review.
  • Lancashire Care NHS Foundation Trust & Anor v Lancashire County Council [2018] EWHC 200 (TCC) relating to an application to lift an automatic stay under Regulation 96 of the Public Contracts Regulations 2015. This was also the first High Court decision post Nuclear Decommissioning Authority v Energy Solutions EU Ltd (now called ATK Energy EU Ltd) [2017] UKSC 34.
  • Acted for the Defendants concerning alleged breaches of obligations of equal treatment and transparency in the application in an allegedly abnormally low tender. This case was settled on confidential terms.
  • Acted for a Claimant in an alleged purported abnormally low tender and lifting of the statutory suspension.
  • Acted for the Defendant in proceedings concerning a claim for damages in respect of alleged breaches of EU law in the rejection of a tender as non-compliant.
  • Acted for the Claimant in relation to a challenge procurement of children’s services in the North West.
  • Acted for the Defendant in relation to a lifted suspension and third-party disclosure.

  Publications

  Sam is also the author of commercial judicial review & procurement law in the 3^rd Edition of Patterson & Karim on Judicial Review: Law & Practice.

• Judicial review

  Judicial review

  “He knows his stuff when it comes to judicial review – [one person said] I wish he was a worse opponent.” – Chambers & Partners

  Sam has been involved in cases of significance for over 20 years. He is a well-known author in this field, a sample of his publications include Patterson & Karim (3rd Edition) ‘Judicial Review: Law & Practice’, and the chapter on judicial review in Bullen & Leake & Jacob’s Precedents of Pleadings. He has vast experience of representing HM Government for over 20 years including leading teams for large scale litigation and advisory teams for the Secretary of State for Justice, Secretary of State for the Home Department, Secretary of State for Environment and Rural Affairs and the Secretary of State for Scotland.

  Whilst his reported decisions in this area of prolific, his areas of specialism include

  • Central and local government
  • Commercial/procurement
  • Regulatory
  • Human rights.

  Significant reported cases include:

  • Stephenson v. FTT (Social Entitlement Chamber) [2025] EWCA Civ 1160: (judicial review of the decision of the Upper Tribunal and then appealed)
  • D1914 & Anor (on the application of). v. SSHD [2025] EWHC 1853 (Admin): challenge to the response to the Brook House Inquiry
  • Ramage (on the application of) v. Newcastle Upon Hospital Foundation Trust [2023] EWHC 974 (Admin): challenge to the decision to exclude a patient
  • The Get Real Marketing Company (on the application of). v. Culture Recovery Board [2022] EWHC 1137 (Admin): challenge to COVID funding
  • GB (on the application of). v. Leeds City Council [2022] EWHC 465 (Admin): challenge to an age assessment
  • Lyons (on the application of) Criminal Cases Review Commission [2019] EWHC 183 (Admin): challenge to the decision of the Review Commission
  • FK (on the application of). SSHD [2016] EWHC 56 (Admin): a case considering the definition of human trafficking under the Trafficking Convention
  • Bhudua (on the application of). SSHD [2016] All ER (D) 82
  • P (on the application of ) Gangmasters Licensing Authority [2015]: EWHC 1487 (Admin): successfully challenged the decision of the Authority to revoke a licence
  • Chimuka (on the application of) v. SSHD [2015] EWHC 2531(Admin): defended a challenge relating to a prisoner’s life sentence and whether he was deprived of a proper review by the Parole Board
  • Dong (on the application of) SSHD [2014] EWHC 3100 (Admin): whether the period of grant in respect of discretionary leave was appropriate in the circumstances
  • Aziz (on the application of) SSHD [2014] EWHC 2589: a challenge to the lawfulness of the decision relating to Tier 1 Post Study Work pursuant to Part 6A of the Immigration Rules
  • Peters (on the application of) SSHD [2014] EWHC 1336 (Admin): whether the defendant’s decision to grant discretionary leave rather than indefinite leave was lawful or not
  • R (1st Choice Engines Limited) the Secretary of State for Business, Innovation and Skills [2014 EWHC 1765 (Admin): considered whether the decision made by the defendant in relation to a notice pursuant to sections 447 and 452A of the Companies Act 1985 was lawful or not
  • HM Coroner County Durham & Darlington [2014] EWHC 3688 (Admin): application is made by the Senior Coroner for the Coroner area of County Durham Darlington with the fiat of the Attorney
  • SN (on the application of) SSHD [2014] EWHC 1111 (Admin): whether the defendant’s decision to certify under was section 94(2) of the Nationality, Immigration and Asylum Act 2002 was lawful or not.
  • Jaferi (on the application of) SSHD [2013] EWHC 1275 (Admin): legacy case
  • MJ (Iraq) (on the application of) SSHD [2013] EWCA Civ 932: delay and whether the Claimant would have benefited from the earlier policy towards asylum seekers
  • R (Kheirollahi-Ahmadroghani) (on the application of) SSHD [2013] EWHC 1314 (Admin): Council Regulation (EC) No343/2003 of 18 February 2003 (“the Dublin II Regulation
  • R (Touray) (on the application of) SSHD [2014] EWHC: challenge to request for further leave
  • R (Khan) (on the application of) SSHD [2013] EWHC 3430(Admin). Article 8 challenge
  • Reed Parole Board [2013] EWHC 3329 (Admin): refusal to make recommendations to release
  • Thomas Parole Board [2013] EWHC 2112 (Admin): refusal to transfer a prisoner to open conditions, and also not to provide an oral hearing pursuant to Article 5 of the ECHR
  • R (Simpson) Governor of HMP Wakefield [2013] EWHC 2652 (Admin): entitlements under the Prison Rules
  • R (Bibi) on the application of) SSHD [2013] EWHC 671 (Admin): nationality challenge
  • R (Smith) Parole Board [2013] EWHC 218 (Admin): transfer to open condition and the requirement to undertake balancing exercise
  • R (Amin) (on the application of) SSHD [2013] EWHC 2813 (Admin): domestic violence and indefinite leave to remain under IR 289
  • R (M) (on the application of) SSHD [2012] EWHC 1244: deportation, detention and reasonable prospect of removing a deportee within a reasonable time
  • R (S) (on the application of) SSHD [2012] EWHC 2825 (Admin): certification
  • Manchester College of Higher Education& Media Technology (on the application of) SSHD [2012] EWHC 1463 (Admin). Sponsor under the tier based system
  • R (Ajibade) The Nursing and Midwifery Council [2012] EWHC 2790 (Admin): disqualification
  • R (Ian Morris) Chester West & Cheshire Council [2012] EWHC 3016 (Admin): non-Domestic Rates Liability Order
  • R (Jalal) (on the application of) SSHD [2012] EWHC 4035 (Admin): delay and whether the Claimant would have benefited from the earlier policy towards asylum seekers
  • R (Riley) v Upper Tribunal [2012]EWHC 3436 (Admin): Article 8
  • R (Cardao-Pito) Office of Independent Adjudicator for Higher Education [2012] EWHC 203 (Admin):complaint to the Adjudicator regarding the treatment of a pupil at a university
  • Tologiwa (on the application of) SSHD [2012] EWHC 2386 (Admin): Certification
  • R (Fox) Secretary of State for Justice [2012] EWHC 2411 (Admin): Oral hearing entitlement
  • Al-Halal & Wajid Ali (on the application of) SSHD [2012] EWHC 128: Costs under the civil penalty regime for employing illegal migrant workers
  • R (Kaur) (on the application of) SSHD [2012] All ER (D) 68: Certification
  • Adetola (on the application of) SSHD [2010] All ER (D) 145. 3197 (Admin): Marriage and evidence
  • R (Austin) Parole Board [2011] EWHC 128 (Admin): Open transfer and balancing exercise
  • R (Leach) Parole Board [2011] EWHC 2470 (Admin): Open transfer and balancing exercise
  • R (D’Cunha) Parole Board [2011] EWHC 128 (Admin): Open transfer and balancing exercise
  • R (Jacob) v Parole Board [2010] EWHC 2475 (Admin) & [2010] EWHC 3035 (Admin): Release and oral hearing
  • Akram (on the application of) SSHD [2010] EWHC 3437 (Admin): Article 8
  • Ahmed (on the application of) SSHD ) 2010] EWHC 2779 (Admin): Sufficiency of protection
  • Da Costa (on the application of) SSHD [2010] EWHC 2259 (Admin). Further leave to remain and evidential requirement
  • Alam (on the application of) SSHD [2010] EWHC 1303 (Admin)
  • Mohamed (on the application of) SSHD [2010] EWHC 1244 (Admin). Deportation and Article 8
  • Sanyalou (on the application of) SSHD [2010] EWHC B9 (Admin). Certification
  • R (Howden) Secretary of State for Justice [2010] All ER 140 (D). Release on licence and recall
  • R (McDonagh) Secretary of State for Justice [2010] EWHC 369 (Admin). Release on licence and recall
  • R (Byran) Secretary of State for Justice [2010] EWHC 2507 (Admin). Contact with children, prisoner and Article 8
  • R (Westwater) Secretary of State for Justice [2010] EWHC 2403 (Admin). Contact with children, prisoner and Article 8
  • Sarwat (on the application of) SSHD [2009] All ER (D) 316. EWHC 2825 (Admin). Fresh claim
  • R (AS) Secretary of State for Justice [2009] EWHC 1315 (Admin). Licence and recall
  • R (Boswell) The Parole Board & Secretary of State for Justice [2009]All ER (D) 176. Right to speedy review of lawfulness of detention
  • R (Hinds) v Liverpool City Council [2008] EWHC 665 (QB), 1 FLR Care proceedings, contact and Article 8
  • R (J) The Healthy Futures Joint Committee of PCT & Others [2007] EWCA 1611 (Admin). Reconfiguration of health care services and consultation

  Publications

  He is a well-known author in this field. See the ‘publications’ tab on his profile for further information.

  Sam is also the administrator and founding member of the Public Law Pro Bono Scheme, which provides free legal advice on public law matters, including representation at renewal hearings at the Administrative Court.

• Private client

  Private client

  He has been a specialist in this area since the advent of the jurisdiction, and been involved in leading cases in health & welfare and property and affairs. He has written national guidance for the British Institute of Learning Disabilities for the use of restraint for vulnerable individuals (arising from self-harm) (Karim on ‘A Human Rights Perspective on Reducing Restrictive Practices in Intellectual Disability and Autism’, BILD, 2014). He is also an author in the area, see ‘End of life decisions’ in Tolley’s Finance and Law for Older Clients. He is renowned for serious medical treatment work.

  Sam is a Deputy High Court Judge (section 9(4)) who sits as a Tier 3 Judge of the Court of Protection.

  He been at the forefront of developing case law in this jurisdiction since the implementation of the Act, for instance:

  • Committal and sentencing arising from injunctions in the Court of Protection, Macpherson v Sunderland CC [2025] EWCA Civ 1159 [2024] EWCA Civ 1579;
  • Retrospective capacity assessments in the Court of Protection, Macpherson v Sunderland CC [2025] EWCOP 18 (T3);
  • The use of reverse indemnities and its application in the Court of Protection, BJB [2024] EWCOP 59 (T2);
  • The use of anticipatory declarations in the Court of Protection, Leicestershire CC & Anors [2024] EWCOP 53 (T3);
  • Covert medication, closed material and closed hearings in the Court of Protection, Re A [2024] EWCA Civ 572, [2024] EWCOP 19;
  • Relevant information for engaging in sexual relations and contraception, CLF [2024] EWCOP 11;
  • Enforcement and recognition of international power of attorney in the Court of Protection, Potters Rees Dolan Trust Corporation [2023] EWCOP 19;
  • Lawfulness of a care plan that allows for access to sex workers, A Local Authority [2021] EWCA Civ 1527, [2021] EWCOP 25;
  • The relevant information for making decisions about the use of the internet/social media, Re B [2019] EWCA Civ 913, Re B (Capacity: Social Media, Care & Contact) [2019] EWCOP 2;
  • Limitation period relating to incapacituous individuals when claiming damages under the Human Rights Act 1998, AP v Tameside MBC[2017] EWHC 65 (QB);
  • The extent of a deprivation of liberty in a private setting when there is little, if any input from the State, Secretary of State for Justice v Staffordshire County Council & Anor [2016] EWCA Civ 1317, [2016] EWCOP 27; and
  • the Blue Room case CP [2012] EWHC 1944 (Admin) & [2012] EWHC 1944 (Costs), and ultimately leading to his publication of the international best practice guidance issued by the British Institute of Learning.

  His practice covers:

  • All types of disputes regarding the social welfare of incapacitated adults and children and medical treatment issues, and is regularly instructed by the Official Solicitor, families of patients, ICB’s, local authorities and private care providers;
  • Urgent applications for life saving medical treatment, non-urgent medical treatment, “end of life” withdrawal of medical treatment, treatment of suicidal patients (including emergency treatment following overdose) and advanced directives; and
  • Property and He has extensive in appearing on contested applications for deputyships and on issues arising during deputyship and for registration of lasting powers of attorney (LPAs) and enduring powers of attorney (EPAs), and advising on issues arising for attorneys and in relation to disputed statutory will. His experience also includes advising and appearing in cases relating to the overlap of the Court of Protection and personal injury proceedings.

  Other significant decisions include:

  • Re ZK [2021] EWCOP 61.
  • Liverpool CC v CMW [2021] EWCOP 50.
  • KG (Capacity) [2021] EWCOP 30.
  • NZ [2021] EWCOP 16.
  • ZK (Landau-Kleffner Syndrome) [2021] EWCOP 12.
  • AA (Capacity) [2020] EWCOP 29.
  • Sunderland CC [2020] EWCOP 13.
  • Rotherham MBC [2020] EWHC 185 (Fam).
  • Re BG [2019] EWCOP 19: the Court (it appears for the first time) is tasked with deciding whether a young adult should be provided serious medical treatment to achieve puberty, contrary to their express wish.
  • CH A Metropolitan Council [2017] EWCOP 12: case relating to damages for the failure to provide education to promote P\s ability to gain capacity to make decisions about consenting to sexual relations.
  • North Cumbria University NHS Foundation Trust & Anor [2017] EWCOP 1 782: successfully obtained declarations that in relation to serious medical treatment, namely the removal of Basal Cell Carcinomas.
  • Bristol NHS Trust AB [2016] 1 EWCOP 67: successfully obtained declarations that in relation to serious medical treatment, namely the removal of cancer.
  • BMC ST [2015] EWCOP 456: definition of sexual capacity deploying novel arguments relying on personal reproductive autonomy.
  • County Durham & Darlington NHS Foundation Trust [2014] All ER (D) 06: successfully obtained declarations to withdrawn life sustaining treatment (artificial nutrition and resuscitation) on the basis that it would be futile, would not result in a therapeutic benefit and would not be in the patient’s best interests.
  • An NHS Foundation Trust [2014] All ER (D) 92: successfully obtained declarations to withdrawn life sustaining treatment (artificial nutrition) on the basis that it would be futile, would not result in a therapeutic benefit and would not be in the patient’s best interests.
  • MB & Others [2009] EWHC 1686 (Fam) & [2009] EWHC 2061 (Fam): defined the appropriateness of P’s deputy for property and affairs instigating welfare proceedings.