Hanif Mussa

Hanif assisted his pupil supervisors in the preparation of a wide range of commercial cases and hearings, including mediations and arbitrations. He helped with advisory work on number of issues including 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 and financial services work. Hanif has also been involved in advising a number of music industry and sports clients in relation to commercial disputes.

Hanif assisted his pupil supervisors in a number of significant commercial cases including:

• H3G v Vodafone and others [2008] EWHC 50 (Comm) – successfully resisting for Vodafone an application for pre-action disclosure in a substantial threatened competition law claim by H3G against the other mobile phone companies for collusion and abuse of dominant position (with Javan Herberg).
• Titan Europe Plc and Others v Passini and Others – acting for the Defendant in this complex commercial litigation involving claims of breach of covenant, the disclosure and use of confidential information, misrepresentation, and springboard injunctions (with Tom Croxford).
• BITEL/Nur Telekom v Flaxendale Ltd and Others – international civil fraud litigation involving problems of trust law and the conflict of laws (with Andrew Hunter).
• Litigation involving intellectual property claims made between members of a well-known musical group (with Andrew Hunter).
• A disciplinary appeal before the Sports Dispute Resolution Panel (with Andrew Hunter).

Hanif is a qualified volunteer representative for the Free Representation Unit and has advised and successfully represented clients in claims for a range of benefits, including in particular disability living allowance. With his pupil supervisors he has experienced a broad range of public law and human rights work that has included the provision of advice on constitutional matters to the Government of Hong Kong, on regulatory EC law obligations to the Bank of England, to the BBC on obligations under the Royal Charter, and to a variety of NHS and other public authorities on their statutory obligations.

He has also assisted his pupil supervisors in a number of high level Public Law, EU and Human Rights cases before statutory tribunals and in the High Court and the Court of Appeal. These included:

• R (Law Society) v Legal Services Commission [2007] EWCA Civ 1264: acting for the Law Society in a successful judicial review of the LSC’s introduction of the new Unified Contract for civil legal aid (assisting pupil supervisor Javan Herberg, with John Howell QC and Mark Vinall).
• R (Stephen Green) v City of Westminster Magistrates Court [2007] EWHC 2785: acting for the BBC in a successful judicial review relating to screening of “Jerry Springer-The Opera” and considering the offence of blasphemy and Article 10 ECHR (with David Pannick QC and Javan Herberg).
• R (Teeside Power Ltd) v Gas and Electricity Markets Authority [2008] EWHC 1415 (Admin): technical judicial review of an Ofgem decision in relation to the amendment of the balancing and settlement code (assisted Mike Fordham QC and Javan Herberg).
• R(Boggis and Others) v Natural England and Waveney District Council: acting for Natural England in this environmental law case concerning the Defendant’s powers to notify a site of special scientific interest (assisted John Howell QC and Jane Collier).
• R(Primary Health Investment Properties Ltd and others) v Secretary of State for Health and others: acting for the Secretary of State in relation to a challenge to the application of NHS dispute resolution procedures including claims based on the alleged breach of Article 6 ECHR (assisted Javan Herberg).
• An appeal to the Court of Appeal concerning the rights of residence of a third country national spouse of an EEA national under EC law and the Immigration Rules (with Jane Collier).
• An appeal to the Court of Appeal concerning the claims to asylum and discretionary leave to remain of an Afghan national, raising issues of consistency of policy and abuse of power (with Jane Collier).

As Tom Croxford’s pupil, Hanif gained experience of a wide range of issues in employment law, including advising in relation to wrongful dismissal, unfair dismissal, discrimination on grounds of age, sex, 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.

As a pupil, Hanif assisted Tom in the following cases, amongst others:

• Seldon v Clarkson, Wright & Jakes (a partnership): the first appeal brought to the EAT under the Age Regulations 2006, concerning whether it is discriminatory for a solicitors’ partnership to operate a compulsory retirement age.
• Ministry of Sound Holdings Ltd and others v Cook: acting for the Claimant in this litigation involving a wide range of equitable and contractual claims including breach of fiduciary duty and breach of the duty of good faith.
• Acting for a major private equity firm in an employment tribunal claim involving claims of unfair dismissal and whistleblowing.
• Participating in a PHR before an employment tribunal concerning issues of the tribunal’s jurisdiction in relation to the invocation of legal professional privilege.
• Acting for a major international bank in resisting employment tribunal claims for unfair dismissal and disability discrimination.

Visiting Tutor in European and Public Laws at the Department of Law, City University (2006-7)

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 (2005)

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 (2004-5)

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

Hanif has won a series of advocacy and mooting competitions as well as prizes for academic achievement.

2007-2008:

• Bar European Group Phoenicia Scholarship
• Inaugural Inner Temple Advocacy Prize for the best pupil advocate at the Inner Temple

2006-2007:

• Inner Temple Princess Royal Scholarship
• Senior Scarman Scholarship for the best overall performance at the ICSL (for finishing first in year)
• Stephen Seabrooke Memorial Prize for excellence in procedure and advocacy at the ICSL
• Inner Temple BVC Prize for performance on the BVC Course
• Winner of the Inner Temple Lawson Mooting Competition

2005-2006:

• Inner Temple Major Scholarship
• 3 Verulam Buildings Prize for the best law conversioner at City University (for finishing first in year)
• Winner of the City University/Crown Office Mooting Competition

2004-2005:

• 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
• Prize for highest mark on Human Rights and International Politics course at Kennedy School of Government, Harvard

2001-2004:

• Gonville & Caius College Senior Scholarships
• Gonville & Caius College Bursary Awards
• Winner of the Allen & Overy Debating Competition