Hanif Mussa

Hanif’s practice encompasses all areas of public law and human rights law. Since commencing practice Hanif has made repeated appearances as sole counsel in the Administrative Court. He has also argued before a number statutory tribunals. Currently, he is involved in judicial review proceedings both at home and abroad concerning allegations of breach of human rights. 

• R (Chong Nyok Keyu and others) v Secretary of State for Foreign and Commonwealth Affairs (ongoing)
  A judicial review seeking an investigation into the alleged execution of civilians by British troops at Batang Kali in Malaya in 1948, and raising various issues of public international law (with Dinah Rose QC and Ben Jaffey).
• R (Tottenham Hotspur) v OPLC and others; R (Tottenham Hotspur) v Newham BC and others
  Acting for Tottenham in two sets of judicial review proceedings challenging decisions to appoint West Ham as preferred bidder for the Olympic Stadium (with Dinah Rose QC and James Segan).
• R (Hadjarab) v Secretary of State for the Home Department and others (ongoing)
  Acting for a detainee at Guantanamo Bay in a claim for Norwich Pharmacal relief seeking disclosure of exculpatory information necessary to secure his release and resettlement (with Ben Jaffey).
• R (Khazaal and others) v Secretary of State for the Home Department (ongoing)
  Acting for four Iraqi civilians who have brought claims of breach of Article 3 and Article 5 of the ECHR relating to their detention and treatment by British military forces in southern Iraq between 2005 and 2008.
• R (Pelling) v Secretary of State for the Home Department and others (ongoing)
  Acting for the Secretary of State in a claim for judicial review concerning the location of a temporary police facility at the Wanstead Flats in Epping Forest in preparation for the Olympic Games (with James Eadie QC).
• R (Williams) v Secretary of State for Work and Pensions (ongoing)
  Acting for the Secretary of State in judicial review proceedings concerning an entitlement to Jobseeker’s Allowance.
• R (MoneyGram International Ltd) v HMRC
  A judicial review challenging a decision of the HMRC in relation to the proper basis of charging fees to regulated persons pursuant to the Money Laundering Regulations 2007 (with Javan Herberg).
• R (Hayer) v HMRC
  A judicial review concerning the Claimant’s entitlement to Child Benefit pursuant to the Social Security Contributions and Benefits Act 1992.
• R ((1) Petsafe Ltd (2) ECMA) v The Welsh Ministers) [2010] EWHC 2908 (Admin)
  A judicial review of delegated legislation criminalizing the use of electronic collars, raising issues of compatibility with Article 34 TFEU and Article 1 of the First Protocol ECHR (with Monica Carss-Frisk QC).
• R (Reid) v (1) First Tier Tribunal (2) Criminal Injuries Compensation Authority
  Acting successfully for the Claimant in a judicial review of the decision of an inferior tribunal relating to the interpretation of the Criminal Injuries Compensation Scheme. 
• An Inquest into the Death of Lawrence Brian Crabb
  Acting for the family of the deceased in an inquest raising issues of the scope of the investigative duty under Article 2 ECHR.
• R (Morris) v Newport City Council [2009] EWHC 3051 (Admin)
  Acting for a representative of the Newport Hackney Drivers’ Association in successful judicial review of the Defendant council’s decision to impose a policy of vehicular age restrictions on the licensing of hackney carriages (with Pushpinder Saini QC).

Hanif is regularly instructed in cases, both commercial and regulatory, raising claims under EU and competition law. He has recently acquired considerable experience in the telecommunications sector, and is currently advising as sole counsel on diverse issues arising from the revised EU telecommunications framework.

• R (Tottenham Hotspur) v OPLC and others; R (Tottenham Hotspur) v Newham BC and others
  Acting for Tottenham in a State Aid challenge relating to the decision to appoint West Ham as preferred bidder for the Olympic Stadium (with Dinah Rose QC and James Segan).
• Talk Talk Group Plc v Office of Communications – wholesale broadband access (ongoing)
  An appeal in the Competition Appeal Tribunal concerning the circumstances in which there is a material change in the market for the purposes of a market review conducted by Ofcom prior to imposing an SMP condition. 
• British Telecommunications Plc v Office of Communications – NCCN 1007/Ethernet [2011] CAT 15
  Successfully resisting two appeals concerning decisions by Ofcom to exercise its dispute resolution powers under the Communications Act 2003 (with Pushpinder Saini QC).
• British Telecommunications Plc v Office of Communications – partial private circuits [2011] CAT 5
  Acting successfully for Ofcom in major telecoms competition litigation concerning claims of overcharging for some £42 million (with Pushpinder Saini QC and James Segan). 
• R ((1) Petsafe Ltd (2) ECMA) v The Welsh Ministers) [2010] EWHC 2908 (Admin)
  A judicial review of delegated legislation criminalizing the use of electronic collars, raising issues of compatibility with Article 34 TFEU and the market access principle (with Monica Carss-Frisk QC).
• British Telecommunications Plc v Office of Communications [2010] CAT 15
  Successfully resisting a challenge at a preliminary issues hearing to Ofcom’s jurisdiction to use its dispute resolution powers under the Communications Act 2003 (with Pushpinder Saini QC and James Segan).

Hanif has been involved wide range of commercial cases and hearings, including mediations. He has provided advice on matters ranging from claims in contract, tort, equity and under legislation relating to the sale of goods and consumer credit protection to more specialist competition, intellectual property, and financial services work. Hanif has also been involved in advising a number of music industry and sports clients in relation to commercial disputes.

• Altair Green LLP and others v Carbon Capital Limited and others (ongoing)
  Acting in major commercial fraud proceedings concerning very substantial claims relating to a collective investment scheme (with Tom Weisselberg).
• Spring Finance v HS Real LLC (ongoing)
  Acting for the Defendant in complex proceedings concerning enforcement of a judgment debt (with Robert Anderson QC and Andrew George). 
• British Telecommunications Plc v Office of Communications – partial private circuits [2011] CAT 5
  Acting successfully for Ofcom in major telecoms competition litigation concerning claims of overcharging for some £42 million (with Pushpinder Saini QC and James Segan).
• Derrick Barr and Others v Biffa Waste Services Limited [2011] EWHC 1003 (TCC)
  Acting successfully for the Defendant in group litigation involving claims of nuisance and negligence brought by more than one hundred Claimants (with Tom de la Mare). 
• Lombard North Central Plc v O’Sullivan
  Litigation raising legal issues in the areas of lease-finance law, fraud, mistake, misrepresentation and estoppel. Hanif acted successfully for the Claimant. 
• Scorpion Bathroom Distribution Limited v Hawkins and Voisey
  Acting successfully for the First Defendant at trial in resisting claims brought under the terms of a purported personal guarantee.
• Hanif has acted as sole counsel in a very large number of commercial cases in County Court and the High Court, and has experience of trials, appeals, and a very wide range of interim matters. He has also appeared in personal and corporate insolvency proceedings.

Hanif has amassed experience of multi-day trial advocacy in the Employment Tribunal. He has appeared in cases involving constructive and unfair dismissal, discrimination, victimization and whistleblowing.

Hanif has also advised on domestic and European employment law obligations. In particular he has advised in relation to wrongful dismissal, unfair dismissal, discrimination on grounds of age, sex, race and disability, restrictive covenants (enforceability, injunctive relief), breach of fiduciary duty, economic torts (in particular inducing breach of contract and unlawful means conspiracy), and a variety of non-litigious matters, including for example, advice on an appropriate maternity policy for a firm of solicitors.

• An ongoing case listed for five days concerning allegations of sexual harassment, sex discrimination and victimisation.
• Molyneaux v IBM United Kingdom Limited (ongoing)
  A case raising claims of unfair dismissal, age discrimination and disability discrimination. Hanif has appeared at trials of preliminary issues where he succeeded in striking out the alleged age discrimination claims and demonstrating that the Claimant was not at the relevant time a disabled person.  
• Mansfield v French Connection
  Acting successfully for the Respondent in a four-day trial concerning a claim for constructive unfair dismissal. 
• Ajose v Secretary of State for Work and Pensions
  Acting for the Respondent in a six-day trial raising claims of direct disability discrimination, disability-related discrimination, failure to make reasonable adjustments, unfair dismissal, wrongful dismissal, and failure to pay holiday pay during a period of sick leave. Hanif succeeded in resisting every single claim. 
• McCann v Kier Maintenance
  A case concerning the Tribunal’s power to strike out claims of unfair dismissal on the merits without hearing evidence. Hanif acted successfully for the Respondent in striking out the claim before trial.
• A three-day employment tribunal case involving the application of Articles 6 and 8 ECHR
• A three-day employment tribunal case involving claims of whistleblowing and victimization.

Visiting Tutor in European and Public Laws at the Department of Law, City University

Hanif was elected to the faculty upon finishing the diploma in law course and taught European Law to 150 undergraduates whilst studying for the BVC.

Research at Demos Think-Tank 

At Demos, Hanif met with government departments, NGOs and private sector clients to advise on innovative and practical strategies for solving real policy problems.  Research topics included governance reform in the developing world and security/liberty issues after the July bombings.

Research at the Carr Center for Human Rights Policy, Harvard University, and with Human Rights Watch

Hanif studied human rights policy under Prof. Michael Ignatieff at the Kennedy School of Government and collaborated with field researchers at Human Rights Watch in investigating the consequences of disengagement from Gaza.

Scholarships and prizes

Before starting practice, Hanif won a series of advocacy and mooting competitions as well as prizes for academic achievement.

• Bar European Group Phoenicia Scholarship (2008)
• Inaugural Inner Temple Advocacy Prize for the best pupil advocate at the Inner Temple (2007-2008)
• Inner Temple Princess Royal Scholarship (2006-2007)
• Senior Scarman Scholarship for the best overall performance at the ICSL (for finishing first in year) (2006-2007)
• Stephen Seabrooke Memorial Prize for excellence in procedure and advocacy at the ICSL (2006-2007)
• Inner Temple BVC Prize for performance on the BVC Course (2006-2007)
• Winner of the Inner Temple Lawson Mooting Competition (2006-2007)
• Inner Temple Major Scholarship (2005-2006)
• 3 Verulam Buildings Prize for the best law conversioner at City University (for finishing first in year) (2005-2006)
• Winner of the City University/Crown Office Mooting Competition (2005-2006)
• John F Kennedy Memorial Trust Scholarship to Harvard enabling access as a non-degree special student/visiting fellow to each of the graduate schools at Harvard (2004-2005)
• Prize for highest mark on Human Rights and International Politics course at Kennedy School of Government, Harvard (2004-2005)
• Gonville & Caius College Senior Scholarships (2001-2004)
• Gonville & Caius College Bursary Awards (2001-2004)
• Winner of the Allen & Overy Debating Competition

Other Information:

VAT registration number:  939460884