Monica Carss-Frisk KC

The Hong Kong Court of Final Appeal handed down judgment in two major constitutional appeals concerning the exclusion of same-sex couples from access to public rental housing (PRH) units and the Home Ownership Scheme (HOS).

Acted for the Interested Party in a judicial review challenge to the regulation of the launch of BBC Radio 1 Dance (R1D).

Represented the claimant in the Divisional Court on a judicial review concerning a search and seizure warrant and the circumstances in which it is appropriate to appoint a special advocate in relation to a closed hearing.

Acted for the Financial Conduct Authority on an application to stay disciplinary proceedings before the their Regulatory Decisions Committee pending the outcome of Commercial Court proceedings where the issues to be considered were held to be the same.

Instructed by the Office for Students on an application for interim relief to prevent the new higher education regulator from publishing its decision not to register the Claimant as a higher education provider.

Represented the intervener, Human Rights Watch, in an appeal brought by a non-gendered person challenging the Government’s policy not to issue non gender-specific “X” passports to non-gendered, non-binary and other trans persons who do not identify as, or exclusively as, male or female. 

Represented the higher education regulator, the OfS, in a judicial review challenge to its decision not to register the Claimant higher education provider.

Advising the German Swiss International School Association Limited (“GSISAL”) in a case concerning discriminatory language restrictions imposed by the German Swiss International School in Hong Kong. The Hon Mr Justice Harris upheld the application by GSISAL for a declaration that the German language restrictions contained in its Articles of Association infringed the Race Discrimination Ordinance (Cap. 602).

Acted for a regulator in a judicial review chalenge to a regulatory judgement assessing the Claimant as non-compliant with regulatory standards.

Instructed to act for the former Prime Minister of Qatar. The claim is for damages, including aggravated damages for assault and false imprisonment out of his detention in Qatar between October 2009 to January 2011.

Acted for Ofgem Authority in a judicial review of a decision concerning regulated revenue made pursuant to the Offshore Transmission Licence. 

Acting for the Director of Immigration in a Landmark Hong Kong Court of Appeal ruling in a discrimination case regarding excluding a same-sex couple from a policy of granting dependant visas to the spouses of employment visa holders.

Acted for one of the Claimants in judicial review proceedings relating to the regulator's failure to repay them sums paid by way of penalties in circumstances where the regulator had made such a repayment to another company. 

Judicial review in the British Virgin Islands. The ground-breaking case concerns the central question of what information someone has to be given when providing information to an authority.

Acting for the Financial Conduct Authority. Due in the Court of Appeal in December. The case deals with the question of who is amenable to judicial review.

Payment protection insurance advice and consultation for the Financial Conduct Authority.

Acted for pension trustees in a case upholding the principle that where there is an alternative remedy available to the Claimants judicial review will only be granted in exceptional circumstances.

JR in BVI on behalf of the claimants magnum & Nightaroy against the AG of BVI. The case concerned public law issues of fairness and the setting aside of a search warrant and the legal principles applicable to applications for search warrants at the request of foreign authorities. Awaiting judgment.

Acted for the Claimant in a challenge to the Secretary of State’s decision as to the train service specification included in his Invitation to Tender for the East Anglia Rail Franchise.

Acted for the Financial Conduct Authority concerning the amenability to judicial review of a firm appointed as independent reviewer in relation to a voluntary redress scheme.

Representing the defendant, a former high-ranking member of the Qatari Government, in a significant case concerning state and diplomatic immunity.

Acted for Uber London Limited (“ULL”) in a test case as to whether private hire vehicles registered with ULL are equipped with a “taximeter” for the purposes of section 11 of the Private Hire Vehicles (London) Act 1998.

Acted for Somerfield in its judicial review challenge to the CMA alleging a failure to accord it equal treatment with another retailer as regards the repayment of a penalty paid pursuant to an Early Resolution Agreement in connection with the OFT’s Tobacco Decision.  Pending in  the Court of Appeal.

Represented the Information Commissioner in the second of two test cases concerning a report into alleged misconduct by the judiciary and the scope of freedom of information legislation in the Caymans and the powers of the Caymans Information Commissioner. 

Acted for metal producer Rusal in its judicial review challenge to a consultation conducted by the LME into a proposed new warehousing rule.

Acted for the Defendant University Health Board in a judicial review raising issues about duties of consultation and legitimate expectation in the context of proposals for major re-organisation of health services in West Wales.

Represented the claimants in the Supreme Court in a case concerning the interplay between EU law and the ECHR in the context of removals of asylum seekers and refugees. 

Acted for the FSCS in the Court of Appeal in a test case concerning its powers to award compensation in connection with mortgage advice.

Acted for First Group in a judicial review brought by Virgin against the Secretary of State for Transport in respect of the decision to award the West Coast Main Line rail franchise to First Group. (The case has not proceeded to a substantive hearing in the light of the Secretary of State’s decision not to proceed with the franchise award.) 

Represented the NHS Trust in a case in the Supreme Court concerning the right to life of a voluntary mental health patient.

Instructed by the BBC in the Supreme Court in litigation concerning the Freedom of Information Act.

Instructed on behalf of Ofwat in a test case involving Ofwat’s powers to make new  appointments of water and sewerage undertakers and the proper interpretation of the Water Industry Act 1991.

Acted for the MPS in a challenge to the application to protestors of the tactic of containment.

Instructed by the Department of Justice in Hong Kong concerning the right of transsexuals to marry.  Appeal to the Court of Final Appeal heard in 2013. 

The Hong Kong Court of Final Appeal handed down judgment in two major constitutional appeals concerning the exclusion of same-sex couples from access to public rental housing (PRH) units and the Home Ownership Scheme (HOS).

Representing the Metropolitan Police on a judicial review raising issues concerning the lawfulness of decisions of the police in relation to an intended vigil for Sarah Everard on Clapham Common in March 2021 in the light of Articles 10 and 11 ECHR.

Represented the claimant in the Divisional Court on a judicial review concerning a search and seizure warrant and the circumstances in which it is appropriate to appoint a special advocate in relation to a closed hearing.

Acting for a former Tchenguiz brothers investee in a complex and long –running multi-jurisdictional matter due before the Privy Council in November.

Represented the intervener, Human Rights Watch, in an appeal brought by a non-gendered person challenging the Government’s policy not to issue non gender-specific “X” passports to non-gendered, non-binary and other trans persons who do not identify as, or exclusively as, male or female. 

Advising the German Swiss International School Association Limited (“GSISAL”) in a case concerning discriminatory language restrictions imposed by the German Swiss International School in Hong Kong. The Hon Mr Justice Harris upheld the application by GSISAL for a declaration that the German language restrictions contained in its Articles of Association infringed the Race Discrimination Ordinance (Cap. 602).

Judicial review in the British Virgin Islands. The ground-breaking case concerns the central question of what information someone has to be given when providing information to an authority.

Instructed to act for the former Prime Minister of Qatar. The claim is for damages, including aggravated damages for assault and false imprisonment out of his detention in Qatar between October 2009 to January 2011.

JR in BVI on behalf of the claimants magnum & Nightaroy against the AG of BVI. The case concerned public law issues of fairness and the setting aside of a search warrant and the legal principles applicable to applications for search warrants at the request of foreign authorities. Awaiting judgment.

Acting for the Director of Immigration in a Landmark Hong Kong Court of Appeal ruling in a discrimination case regarding excluding a same-sex couple from a policy of granting dependant visas to the spouses of employment visa holders.

Represented the EHRC in the Supreme Court in a case concerning the approach to disability discrimination raised as a defence in possession proceedings brought by a social landlord.

Represented the Government of Bermuda in a constitutional case concerning the right to property.

Represented the claimants in the Supreme Court in a case concerning the interplay between EU law and the ECHR in the context of removals of asylum seekers and refugees. 

Instructed for the Metropolitan Police in claims by women arising out of sexual relationships with men who were alleged to have been undercover police officers, raising the issue of the extent to which the police are able to rely on a policy of "neither confirm nor deny" in relation to allegations concerning the use of undercover police officers. 

Represented the Metropolitan Police Service on questions of jurisdiction to hear human rights claims brought by women who alleged breach of their rights in respect of relationships with alleged undercover police officers.

Acted for the applicants in a case concerning the right to life in the context of police failure to protect the life of the applicants’ son.

Acted for the appellant charity concerning the correct application of the Equality Act 2010 in respect of adoption services being offered by the charity.

Instructed by the Department of Justice in Hong Kong concerning the right of transsexuals to marry.  Appeal to the Court of Final Appeal heard in 2013. 

Represented the NHS Trust in a case in the Supreme Court concerning the right to life of a voluntary mental health patient.

Acted for the MPS in a challenge to the application to protestors of the tactic of containment.

Acted for the Claimants in the Court of Appeal in test cases concerning the correct approach to certifying asylum claims as clearly unfounded under section 94(3) of the Nationality Immigration and Asylum Act 2002. 

Acted for the Secretary of State in the Supreme Court in a test case about the best interests of children in the context of Article 8 of the European Convention on Human Rights.

Acted for the Secretary of State in a case concerning the best interests of children and fresh claims in the context of Article 8 ECHR. 

Instructed for the United Kingdom Government in the ECtHR in a case concerning legislation to prevent individuals from gaining an immigration advantage through sham marriages. 

Represented Iveco in the Court of Appeal concerning the application of the doctrine of abuse of process in follow-on claims brought in the domestic Court following a cartel decision of the European Commission.

Represented the Association of British Pharmaceutical Industry in the Court of Appeal in a challenge to the lawfulness under EU law of a policy of offering a particular drug (Avastin) as the preferred treatment option for certain patients. 

Acted for Vodafone in the Court of Appeal in relation to a claim for restitution of sums paid pursuant to an ultra vires demand.

Representing a co-Claimant in a case concerning duties of equal treatment and substantive fairness. The claim concerned whether the CMA acted unlawfully , and in breach of the principle of equal treatment, in failing to make repayment to Gallaher of a fine of more than £50 million imposed for alleged breaches of competition law arising from a tobacco cartel, as well as interest. The Supreme Court held that domestic administrative law did not recognise distinct duties of equal treatment or substantive fairness.

Acted for Somerfield in both the Administrative Court and Court of Appeal in a challenge to the CMA arising out of its repayment of a penalty paid under an Early Resolution Agreement by one of Somerfield’s competitors in connection with the OFT’s tobacco cartel decision. 

Represented the Claimants in large “Francovich” claim in the High Court and the Court of Appeal in respect of alleged failure to implement the RTTE and Authorisation Directives.

Represented H3G (“Three”) in an appeal concerning the relevance of ex ante regulation to Ofcom’s dispute resolution powers in the light of the common EU regulatory framework.

Acted for the Financial Conduct Authority on an application to stay disciplinary proceedings before the their Regulatory Decisions Committee pending the outcome of Commercial Court proceedings where the issues to be considered were held to be the same.

Advised and represented ICAEW in professional disciplinary proceedings brought against Deloitte LLP, Mr Neville Kahn, Mr Christopher Farrington and Mr Nicholas Edwards, arising out of their roles as Joint Administrators (and subsequently, Joint Liquidators) of Comet Group Ltd, the high street retailer which went into administration in 2012. The Consent Order may be found here. 

Represented the Financial Services Authority in the BBA's challenge to the FSA's policy concerning the mis-selling of payment protection insurance.

Acting for the Financial Conduct Authority. Due in the Court of Appeal in December. The case deals with the question of who is amenable to judicial review.

Acted for the LSE’s AIM Disciplinary Committee in the High Court and in the Court of Appeal in challenge to alleged bias of panel members and decision to hold hearing in private. Leading case on bias in financial services tribunals and private hearings.

Payment protection insurance advice and consultation for the Financial Conduct Authority.

Acted for the Financial Conduct Authority concerning the amenability to judicial review of a firm appointed as independent reviewer in relation to a voluntary redress scheme.

Acted for the FCA in 2014 in the Upper Tribunal in an appeal arising out of the collapse of Arch Cru, raising significant issues as to the circumstances in which individuals may be said to have acted without integrity.

Acted for the FSCS in the Court of Appeal in a test case concerning its powers to award compensation in connection with mortgage advice.

Acted for the FCA in a judicial review challenge to the exercise by the FSA/FCA of powers to establish a redress scheme for customers who have been mis-sold interest rate hedging products.

Acted for the FSA in a judicial review challenge to the exercise by the FSA of powers to vary a firm’s permission so as to require a payment scheme to compensate investors in the Arch Cru failed investment funds.  Permission for judicial review refused in February 2012.

Acted for Vodafone in the Court of Appeal in relation to a claim for restitution of sums paid pursuant to an ultra vires demand.

Represented the Claimants in large “Francovich” claim in the High Court and the Court of Appeal in respect of alleged failure to implement the RTTE and Authorisation Directives.

Represented H3G (“Three”) in an appeal concerning the relevance of ex ante regulation to Ofcom’s dispute resolution powers in the light of the common EU regulatory framework.

Acted for the Secretary of State in a landmark case in the Hong Kong Court of Appeal concerning the entitlement of same sex spouses of civil servants who had married abroad to dependant’s benefits (instructed by the Hong Kong Department of Justice).

Representing Mr Caudwell of phones4U and his fund Signia Wealth in a high profile case concerning a share transaction dispute and wrongful dismissal by a former employee.

Instructed by Liberty on behalf of the Claimant in a challenge before the High Court to the Secretary of State’s employment policy on members of the armed services who are HIV positive.

Instructed on behalf of the respondents in ongoing sex discrimination litigation, which has twice been the subject of an appeal to the EAT (UKEAT/0423 and 24/08 and UKEAT/0080/08).

Instructed in relation to disclosure issues in a high value sex discrimination case.

Represented the respondent in the Employment Tribunal and EAT in a claim for race discrimination and victimisation by a City trader whose offer of employment had been withdrawn following the discovery of discrepancies in the details provided in his application form.

Instructed on behalf of the Secretary of State in a long-running claim by a doctor for direct and indirect race discrimination in relation to NHS arrangements for training. The case came to an end when Mr Chaudhary’s application for permission to appeal to the Court of Appeal was dismissed after an oral hearing. The proposed appeal raised issues as to, among other things, the burden of proof in direct and indirect discrimination.

Acted for the Claimants in the Court of Appeal in test cases concerning the correct approach to certifying asylum claims as clearly unfounded under section 94(3) of the Nationality Immigration and Asylum Act 2002. 

Acting for the Director of Immigration in a Landmark Hong Kong Court of Appeal ruling in a discrimination case regarding excluding a same-sex couple from a policy of granting dependant visas to the spouses of employment visa holders.

Represented the claimants in the Supreme Court in a case concerning the interplay between EU law and the ECHR in the context of removals of asylum seekers and refugees. 

Acted for the Secretary of State in the Supreme Court in a test case about the best interests of children in the context of Article 8 of the European Convention on Human Rights.

Acted for the Secretary of State in a case concerning the best interests of children and fresh claims in the context of Article 8 ECHR. 

Instructed for the United Kingdom Government in the ECtHR in a case concerning legislation to prevent individuals from gaining an immigration advantage through sham marriages. 

An ongoing multi-million pound High Court claim in restitution by personal search companies alleging breach of the Environmental Information Regulations.

Acted for Vodafone in the Court of Appeal in relation to a claim for restitution of sums paid pursuant to an ultra vires demand.

Acted for the Claimant in the Court of Appeal concerning a wide-ranging anti-enforcement injunction in respect of enforcement of a foreign judgement 

Represented various Defendants in 2019 on applications for summary judgment, to strike out, and for a stay, raising issues concerning the principle of forum non conveniens.

Acted for the Financial Conduct Authority concerning the amenability to judicial review of a firm appointed as independent reviewer in relation to a voluntary redress scheme.

Acted for Somerfield in both the Administrative Court and Court of Appeal in a challenge to the CMA arising out of its repayment of a penalty paid under an Early Resolution Agreement by one of Somerfield’s competitors in connection with the OFT’s tobacco cartel decision. 

Acted for the FCA in 2014 in the Upper Tribunal in an appeal arising out of the collapse of Arch Cru, raising significant issues as to the circumstances in which individuals may be said to have acted without integrity.

Represented the Financial Services Authority in the BBA's challenge to the FSA's policy concerning the mis-selling of payment protection insurance.