Monica Carss-Frisk QC

Called to Bar:
1985
Appointed to silk:
2001
Practice areas:
Degrees:
LLB (Lond), BCL (Oxon)
Languages:
Swedish (fluent)
Finnish (working knowledge)
French and German (some knowledge)

Joint Head of Blackstone Chambers from January 2012. 

Monica Carss-Frisk QC is recognised by the two leading independent legal directories, Chambers UK and The Legal 500 as a leading silk.

Chambers UK 2015

  • Administrative & Public law – top ranked. “She is fantastic at dealing with clients. At quite a stressful time, her patience and client handling were first rate.” “She is extremely impressive in front of judges - she has a calm and measured style that is very persuasive.”
  • Civil Liberties – “She's brilliant - she's generous with her time, good in terms of communication, gives clear advice and is really great to work with.” “She got up to speed really quickly, offered excellent arguments and was very impressive in court.”
  • Competition – “She's extremely bright and gets to the point quickly.” “She drafts well and is easy to deal with.”
  • Employment – “A very good and very confident silk who knows her arguments." "She's exceptionally calm and persuasive.”
  • Immigration – top ranked. “She is very good. She is a calm but forceful influence, and has an air of authority without in any way being arrogant or pushy.” “She certainly had the Court of Appeal eating out of her hand in one case we did with her.”
  • Telecommunications – top ranked. “She's intellectually rigorous, but at the same time able to communicate complicated legal ideas to businesspeople."

Legal 500 2014

  • Administrative & Public law – “A very impressive advocate, with a very calm and persuasive style.”
  • Civil Liberties & Human Rights – “She makes complex legal issues easy to understand and is clear and concise with her advice.”
  • Employment – “Experienced in sex, race, age and disability discrimination cases.”
  • EU & Competition – “One of the leading individuals in this field.”
  • Immigration & Nationality – “Extremely knowledgeable and very easy to work with.”
  • IT & Telecommunications – top ranked. “Her name speaks for itself.”
  • Professional Discipline & Regulatory – “Her broad-ranging practice encompasses police work.”

Professional Experience

1999 - 2001

Junior Counsel to the Crown (A Panel)

1997 - 1999

Member of the Treasury Solicitor's Supplementary Common Law Panel

1986 -

Practice at the Bar

1984 - 1987

Teaching : Part-time tutor in law at UCL (English legal system and civil liberties)

Public Law and Human Rights

Public law

Monica deals with a wide range of public law cases, including regulatory work and judicial review with a commercial aspect, as well as immigration and cases under the Freedom of Information Act. She frequently acts for regulators and other public authorities as well as for claimants.

Examples of recent work include acting for metal producer Rusal in its challenge to a consultation conducted by the London Metal Exchange (R(United Company Rusal) v LME); forFirst Group in the 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; (R (Virgin Trains Ltd) v Secretary of State for Transport and First West Coast Limited); for Somerfield in a judicial review challenge to the Competition and Markets Authority (R(Somerfield Stores Limited) v CMA); acting for the claimants in the Supreme Court in a test case concerning the interplay between EU law and the ECHR in EM(Eritrea) & Ors v Secretary of State for the Home Department, and representing the Financial Services Authority in the challenge of the British Bankers Association to the policy of the FSA concerning mis-selling of payment protection insurance (R(British Bankers Association) v FSA).

Examples of Monica’s work for public authorities include representing an NHS Trust in the Supreme Court concerning the application of the right to life to a voluntary mental health patient (Rabone v Pennine Care NHS Trust).  Monica acted for the BBC in the Supreme Court in a case concerning the Freedom of Information Act 2000 (BBC v Sugar). She has also acted for the government in several cases in the House of Lords or the Supreme Court, most recently ZH(Tanzania) v Secretary of State for the Home Department; Ahmed Mahad (Ethiopia) and Ors v Entry Clearance Officer; Huang v Secretary of State for the Home Department; Beoku-Betts v Secretary of State for the Home Department; Chikwamba v Secretary of State for the Home Department; AL(Serbia) v Secretary of State for the Home Department; R(Baiai) v Secretary of State for the Home Department and EM(Lebanon) v Secretary of State for the Home Department, all involving challenges in the human rights/immigration area.  Monica also represented the Hong Kong Department of Justice in a case involving the right of transsexuals to marry, W v Registrar of Marriages, which was heard in the Hong Kong Court of Final Appeal in 2013. 

Good examples of Monica’s work for claimants are EM(Eritrea) & Ors v Secretary of State for the Home Department concerning the interplay between EU law and the ECHR; HJ(Iran) v Secretary of State for the Home Department; HT(Cameroon) v Secretary of State for the Home Department concerning the rights of gay asylum seekers, Van Colle v Chief Constable of Hertfordshire Police in the House of Lords concerning the positive duties of the police to protect life, Ratcliffe v Secretary of State for Defence in the Court of Appeal, concerning the right to property and discrimination in the context of survivor’s benefit, and Pritpal Singh v Chief Constable of the West Midlands Police (in the Court of Appeal) concerning the rights to freedom of speech and assembly.   Monica also represented the Law Society in its support for the claimants in R (Black Solicitors Network) v Secretary of State for Constitutional Affairs, alleging that proposals for legal aid reform failed to comply with the Race Relations Act. The case of Gray v Marlborough College (in the Court of Appeal), where Monica was instructed by Farrer & Co on behalf of the College, provides an example of an education case which spans both private and public law (involving issues as to the duty of fairness and its application to a private school).

In the area of commercial judicial review Monica’s work has included advising clients in their dealings with regulators such as Ofcom, Ofwat and the CMA, as well as advising regulators such as the FCA, PRA, Ofgem, Ofcom, Ofwat, and the Competition Commission.  A good example of Monica’s practice in public law with a commercial aspect is acting for metal producer Rusal in its challenge to a consultation conducted by the London Metal Exchange (R(United Company Rusal) v LME); acting for First Group in the 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 (R (Virgin Trains Ltd) v Secretary of State for Transport and First West Coast Limited); R(British Bankers Association) v FSA concerning payment protection insurance and Emptage v Financial Services Compensation Scheme Ltd, concerning the powers of the FSCS to award compensation in respect of home mortgage advice.  Monica represented Ofgem in National Grid plc v Gas & Electricity Markets Authority in the Competition Appeal Tribunal and the Court of Appeal.  She recently represented Ofwat in the Court of Appeal in a case concerning Ofwat’s powers to make new appointments of water and sewerage undertakers and the proper interpretation of the Water Industry Act 1991.  In relation to the Freedom of Information Act Monica has been involved in a number of cases in the Information Tribunal. She represented the BBC in the first appeal from the Information Tribunal to the High Court and subsequently to the Court of Appeal and House of Lords, Sugar v Information Commissioner. Monica recently represented the BBC on another aspect of the Sugar case in the Supreme Court.

Human Rights / Civil Liberties

Human rights and civil liberties form a large part of Monica’s practice. She frequently acts in these areas both for public authorities and for claimants. Examples of Monica’s work for public authorities include representing an NHS Trust in the Supreme Court concerning the application of the right to life to a voluntary mental health patient (Rabone v Pennine Care NHS Trust); representing the MPS in several cases concerning the use of undercover police officers and alleged sexual relationships raising issues concerning the right to respect for private life (AJA & Ors v Commissioner of Police of the Metropolis)  and several cases for the government in the House of Lords or Supreme Court in the immigration field, most recently ZH(Tanzania) v Secretary of State for the Home Department;  Ahmed Mahad (Ethiopia) and Ors v Entry Clearance Officer; Huang v Secretary of State for the Home Department; Beoku-Betts v Secretary of State for the Home Department; Chikwamba v Secretary of State for the Home Department; AL(Serbia) v Secretary of State for the Home Department; R(Baiai) v Secretary of State for the Home Department and EM(Lebanon) v Secretary of State for the Home Department. Monica represented the United Kingdom before the Grand Chamber of the European Court of Human Rights in N v United Kingdom concerning an AIDS sufferer who claimed that removal to her home country of Uganda would involve a breach of Article 3 ECHR given the inadequacy of medical treatment there. She also acted for the United Kingdom in O’Donoghue v United Kingdom, concerning the right to marry under the ECHR.  Monica has recently represented the Registrar of Marriages in Hong Kong on a human rights based challenge to the inability of transgender people to marry, W v Registrar of Marriages, which was heard in the Hong Kong Court of Final Appeal in 2013. 
 
Good examples of Monica’s work for claimants include the Supreme Court case of EM(Eritrea) & Ors v Secretary of State for the Home Department concerning the interplay between EU law and the ECHR in the context of removals of asylum seekers and refugees; HJ(Iran) v Secretary of State for the Home Department; HT(Cameroon) v Secretary of State for the Home Department concerning the rights of gay asylum seekers, Van Colle v Chief Constable of Hertfordshire Police concerning the positive duties of the police to protect life (recently the subject of a judgment by the ECtHR in Van Colle v United Kingdom), Ratcliffe v Secretary of State for Defence in the Court of Appeal, concerning the right to property and discrimination in the context of survivor’s benefit, and Pritpal Singh v Chief Constable of the West Midlands Police (in the Court of Appeal) concerning the rights to freedom of speech and assembly.  She also acted for the claimants (instructed by Liberty) in the case of R(Rose) v Secretary of State for Health and the Human Fertilisation and Embryology Authority concerning the application of Article 8 to the quest by donor insemination offspring for information about their biological father.

Monica has represented an applicant in the European Court of Human Rights in relation to the impact of the Countryside and Rights of Way Act 2000 on her right to property, and has acted for a Czech landowner claiming a breach of the right to property in relation to the failure of the Czech Republic to restore her properties. She also acted in the European Court of Human Rights for the applicants in The Former King of Greece v Greece (concerning the right to property) and Adali v Turkey (concerning the right to life).  Monica represented the applicants in Van Colle v United Kingdom concerning the right to life.  

Current and recent work

Public Law

  • R(United Company Rusal) v London Metal Exchange [2014] EWHC 890 (Admin); [2014] EWCA Civ 1271
    Acted in the High Court and the Court of Appeal for metal producer Rusal in its judicial review challenge to a consultation conducted by the LME into a proposed new warehousing rule.
  • R(Somerfield Stores Limited) v Competition and Markets Authority (heard in the High Court in November 2014)
    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.  Judgment awaited.
  • Emptage v Financial Services Compensation Scheme Ltd [2013] EWCA Civ 729
    Acted for the FSCS in the Court of Appeal in a test case concerning its powers to award compensation in connection with mortgage advice.
  • R (Virgin Trains Ltd) v Secretary of State for Transport and First West Coast Limited
    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.) 
  • EM(Eritrea) & Ors v Secretary of State for the Home Department [2014] UKSC 12; [2014] 2 WLR 409
    Represented the claimants in the Court of Appeal and 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. 
  • W v Registrar of Marriages FACV4/2012; judgment of 13.05.13
    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.
  • Rabone v Pennine Care NHS Foundation Trust [2012] UKSC 2; [2012] 2 AC 72
    Represented the NHS Trust in a case in the Supreme Court concerning the right to life of a voluntary mental health patient.
  • BBC v Sugar [2012] UKSC 4; [2012] 1 WLR 439
    Instructed by the BBC in the Supreme Court on another aspect of this litigation under the Freedom of Information Act, this time considering the test to be applied when deciding whether information is held for purposes other than journalism, art or literature. 
  • R(Thames Water Utilities Ltd) v Water Services Regulation Authority [2012] EWCA Civ 218; [2012] PTSR 1147 
    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.
  • R(Moos) v Commissioner of Police of the Metropolis [2012] EWCA Civ 12
    Acted for the MPS in a challenge to the application to protestors of the tactic of containment. 
  • R(British Bankers Association) v FSA [2011] EWHC 999 (Admin); [2011] ACD 71
    Instructed by the FSA in the judicial review by the British Bankers Association of the FSA’s guidance in relation to complaints of mis-selling of payment protection insurance. 
  • Northern Rock Applicants v (1) Andrew Caldwell and (2) HM Treasury [2011] UKUT 408 (TCC)
    Instructed by applicants in a challenge to the valuation of shares for the purposes of determining compensation due in respect of the nationalisation of Northern Rock.  Involved arguments as to the right to property (A1P1) and the right to a fair hearing.  
  • ZH (Tanzania) v Secretary of State for the Home Department [2011] 2 WLR 148
    Instructed by the Secretary of State in a case in which the Supreme Court considered the correct approach to the best interests of children under Article 8 ECHR in immigration decisions. 
  • Ofcom v Gerry Morrissey and the Information Commissioner [2011] UKUT 116 (AAC)
    Instructed by Ofcom.  The Upper Tribunal clarified aspects of the jurisdiction of the Information Commissioner and the Tribunal under the Freedom of Information Act.

Human Rights / Civil Liberties

  • EM(Eritrea) & Ors v Secretary of State for the Home Department  [2014] UKSC 12; [2014] 2 WLR 409
    Represented the claimants in a test case in the Court of Appeal and the Supreme Court  concerning the interplay between EU law and the ECHR in the context of removals of asylum seekers and refugees. 
  • Akerman-Livingstone v Aster (to be heard in December 2014)
    Representing the Equality and Human Rights Commission acting as intervener in the Supreme Court concerning the correct approach to disability discrimination raised as a defence in possession proceedings brought by a social landlord.
  • AJA & Ors v Commissioner of Police of the Metropolis & Ors [2013] EWCA Civ 1342; [2014] 1 WLR 285
    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.
  • Van Colle v United Kingdom (2013) 56 EHHR 23
    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.
  • Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales [2012] UKUT 395 (TCC); [2013] 1 WLR 2105
    Acted for the appellant charity concerning the correct application of the Equality Act 2010 in respect of adoption services being offered by the charity.
  • W v Registrar of Marriages FACV4/2012; judgment of 13.05.13
    Instructed by the Department of Justice in Hong Kong concerning the right of transsexuals to marry.  Appeal to the Hong Kong Court of Final Appeal heard in 2013.
  • Rabone v Pennine Care NHS Foundation Trust [2012] UKSC 2; [2012] 2 AC 72
    Represented the NHS Trust in the Supreme Court in a case concerning the right to life of a voluntary mental health patient.
  • R(Moos) v Commissioner of Police of the Metropolis [2012] EWCA Civ 12
    Acted for the MPS in a challenge to the application to protestors of the tactic of containment. 
  • ZH (Tanzania) v Secretary of State for the Home Department [2011] 2 WLR 148
    Instructed by the Secretary of State in a case in which the Supreme Court considered the correct approach to the interests of children under Article 8 ECHR in immigration decisions. 
  • O’Donoghue v United Kingdom (2011) 53 EHRR 1
    Instructed by the United Kingdom Government in a case concerning the right to marry under Article 12 ECHR in relation to a legislative scheme to prevent an immigration advantage being gained by entering into a sham marriage.

Immigration & Nationality

  • EM(Eritrea) & Ors v Secretary of State for the Home Department [2014] UKSC 12; [2014] 2 WLR 409
    Represented the claimants in the Court of Appeal and the Supreme Court in a test case concerning the interplay between EU law and the ECHR in the context of removals of asylum seekers and refugees.
  • ZH (Tanzania) v Secretary of State for the Home Department [2011] 2 WLR 148
    Instructed by the Secretary of State in a case in which the Supreme Court considered the correct approach to the best interests of children under Article 8 ECHR in immigration decisions. 
  • R(BN) v Secretary of State for the Home Department [2011] EWHC 2367 (Admin)
    Instructed by the Secretary of State in challenge to removal decision involving the duties of the UKBA towards children under section 55 of the Borders, Citizenship and Immigration Act 2009.
  • O’Donoghue v United Kingdom (2011) 53 EHRR 1
    Instructed by the United Kingdom Government in a case concerning the right to marry under Article 12 ECHR in relation to a legislative scheme to prevent an immigration advantage being gained by entering into a sham marriage. 

Other cases

Public Law

  • HJ(Iran) v Secretary of State for the Home Department; HT(Cameroon) v Secretary of State for the Home Department [2010] 3 WLR 386
  • David Southall v General Medical Council [2010] Med LR 252
  • Ahmed Mahad (Ethiopia) and Ors v Entry Clearance Officer [2010] 1 WLR 48
  • Baiai and Trzcinska v Secretary of State for the Home Department [2009] 1 AC 287
  • Beoku-Betts v Secretary of State for the Home Department [2009] 1 AC 115
  • Sugar v Information Commissioner [2009] 1 WLR 430
  • Ratcliffe v Secretary of State for Defence [2009] ICR 762
  • EM(Lebanon) v Secretary of State for the Home Department [2008] 3 WLR 931
  • AL(Serbia) v Secretary of State for the Home Department [2008] 1 WLR 1434
  • Chikwamba v Secretary of State for the Home Department [2008] 1 WLR 1420
  • Van Colle v Chief Constable of Hertfordshire Police [2008] 3 WLR 593 
  • Huang v Secretary of State for the Home Department [2007] 2 AC 167
  • Sivills v General Social Care Council [2007] EWHC 2576 (Admin); LTL 8/11/2007
  • Brooke v Parole Board [2007] HRLR 46
  • Girling v Secretary of State for the Home Department [2007] 2 WLR 782
  • Pritpal Singh v Chief Constable of the West Midlands Police [2006] 1 WLR 3374
  • Gray v Marlborough College [2006] ELR 516
  • Floe Telecommunications Limited v OFCOM [2006] 4 All ER 688
  • In the matter of T&N Limited and Others [2006] 1 WLR 2831
  • Tozlukaya v Secretary of State for the Home Department [2006] EWCA Civ 379; LTL 11/4/2006
  • Office of Fair Trading v The Officers Club [2005] EWHC 1080 (Ch); LTL 2/6/2005
  • Corner House v Secretary of State for Trade and Industry [2005] 1 WLR 2600
  • Reverend Moon v Secretary of State for the Home Department [2005] UKIAT 00112
  • R (Nurse Prescribers Limited) v Secretary of State for Health [2004] EWHC 403 (Admin);LTL 19/2/2004
  • Wilson v First County Trust Ltd [2003] 3 WLR 568
  • R (L) v Secretary of State for the Home Department [2003] 1 WLR 1230
  • R (Rose and Another) v (1) Secretary of State for Health (2) Human Fertilisation and Embryology Authority [2002] 2 FLR 962
  • R (Farrakhan) v Secretary of State for the Home Department [2002] 3 WLR 481
  • R (Interbrew SA) v Competition Commission and Secretary of State for Trade and Industry (Moses J) 23 May 2001; LTR 12/11/2001
  • JA Pye (Oxford) Ltd v Graham [2001] 2 WLR 1293
  • R (Matthias Rath BV) v The Advertising Standards Authority Ltd (judgment of 6 December 2000; Newlawonline no. 201010601) 
  • Legal & General Assurance Society v Pensions Ombudsman [2000] 1 WLR 1524
  • R v ITC, ex parte Flextech plc and Others [1999] EMLR 880
  • Moore v Piretta – PTA Ltd [1999] 1 All ER 174
  • R v FHSAA, ex parte Tesco Stores Ltd [1999] Lloyd's Rep Med 377
  • National Provincial Building Society v United Kingdom (1998) 25 EHRR 127
  • St. George’s Healthcare NHS Trust v S [1998] 3 AER 673
  • R v Arts Council, ex p. Women's Playhouse Trust [1998] COD 175
  • R v Institute of Chartered Accountants in England and Wales, ex parte Andreou [1998] 1 All ER 14; [1996] 8 Admin. LR 557
  • R v Institute of Chartered Accountants, ex parte Nawaz [1997] COD 111 and [1997] 7 CL1
  • Attorney-General v MGN Limited & Others [1997] 1 AER 456
  • R v ITC, ex parte TVNi Ltd [1996] JR 60
  • R v Securities Investment Board, ex parte Sun Life (1995) 8 Admin LR 297
  • R v S.O.S. for Employment, ex p. EOC [1995] 1 AC 1
  • R v Southampton Employment Tribunal, ex parte INS News Group Ltd [1995] IRLR 247
  • R v Institute of Chartered Accountants in England and Wales, ex parte Brindle [1993]
  • R v London Borough of Greenwich, ex p. Lovelace [1991] 1 WLR 506

Human Rights / Civil Liberties

  • HJ(Iran) v Secretary of State for the Home Department; HT(Cameroon) v Secretary of State for the Home Department [2010] 3 WLR 386
    Ahmed Mahad (Ethiopia) and Ors v Entry Clearance Officer [2010] 1 WLR 48
  • Baiai and Trzcinska v Secretary of State for the Home Department [2009] 1 AC 287
  • Beoku-Betts v Secretary of State for the Home Department [2009] 1 AC 115
  • Ratcliffe v Secretary of State for Defence [2009] ICR 762
  • EM(Lebanon) v Secretary of State for the Home Department [2008] 3 WLR 931
  • AL(Serbia) v Secretary of State for the Home Department [2008] 1 WLR 1434
  • Chikwamba v Secretary of State for the Home Department [2008] 1 WLR 1420
  • Van Colle v Chief Constable of Hertfordshire Police [2008] 3 WLR 593 
  • Huang v Secretary of State for the Home Department [2007] 2 AC 167
  • Sivills v General Social Care Council [2007] EWHC 2576 (Admin); LTL 8/11/2007
  • Brooke v Parole Board [2007] HRLR 46
  • Girling v Secretary of State for the Home Department [2007] 2 WLR 782
  • Pritpal Singh v Chief Constable of the West Midlands Police [2006] 1 WLR 3374
  • In the matter of T&N Limited and Others [2006] 1 WLR 2831
  • Tozlukaya v Secretary of State for the Home Department [2006] EWCA Civ 379; LTL 11/4/2006
  • R(Lin) v Secretary of State for Transport [2006] EWHC 2575 (Admin)
  • R (N) v Secretary of State for the Home Department [2005] 2 AC 296
  • R (Bagdanavicius) v Secretary of State for the Home Department [2005] 2 WLR 1359
  • R (Hoxha and Brahimi) v Secretary of State for the Home Department [2005] 1 WLR 1063
  • R (Gezer) v Secretary of State for the Home Department [2005] HRLR 7
  • Reverend Moon v Secretary of State for the Home Department [2005] UKIAT 00112
  • Adali v Turkey (judgment of the European Court of Human Rights of 31 March 2005)
  • R (Khadir) v Secretary of State for the Home Department [2005] 4 All ER 114
  • R (Amicus) v Secretary of State for Trade and Industry [2004] IRLR 430
  • Ghaidan v Mendoza [2004] 3 WLR 113
  • R (Ullah) v Special Adjudicator; R(Do) v Secretary of State for the Home Department [2004] 2 AC 323
  • Wilson v First County Trust Ltd [2003] 3 WLR 568
  • R (Rose and Another) v (1) Secretary of State for Health (2) Human Fertilisation and Embryology Authority [2002] 2 FLR 962
  • R (Farrakhan) v Secretary of State for the Home Department [2002] 3 WLR 481
  • JA Pye (Oxford) Ltd v Graham [2001] 2 WLR 1293
  • Former King of Greece and Others v Greece (2001) 33 EHRR 21
  • Pezold v Czech Republic
  • R (Interbrew SA) v Competition Commission and Secretary of State for Trade and Industry (Moses J) 23 May 2001; LTR 12/11/2001
  • R (Matthias Rath BV) v The Advertising Standards Authority Ltd (judgment of 6 December 2000; Newlawonline no. 201010601)

EU and Competition

EU law forms a significant part of Monica’s practice, particularly involving competition law. She recently represented a number of Claimants in the High Court and in the Court of Appeal in a large “Francovich” claim (Recall Support Services Ltd v Secretary of State for Culture Media and Sport)) raising issues under the telecommunications Directives and competition law, and was instructed on behalf of H3G (“Three”) in the Competition Appeal Tribunal on  appeals brought by Telefonica O2 UK Limited against Ofcom concerning the relevance of ex ante regulation to Ofcom’s dispute resolution powers in the light of the common EU regulatory framework, and on the implementation of the Amended GSM Directive. She was instructed by Ofgem in the Competition Appeal Tribunal and the Court of Appeal in an appeal brought by National Grid plc in respect of a decision as to abuse of a dominant position (National Grid plc v Gas & Electricity Markets Authority). She is currently engaged in advising regulators in connection with abuse of dominance and significant market power investigations.

Current and recent work

  • Recall Support Services Ltd v Secretary of State for Culture, Media and Sport [2013] EWHC 3091 (Ch); [2014] 2 C.M.L.R 2; [2014] EWCA Civ 1370
    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.
  • Telefonica O2 UK Limited v Ofcom [2012] CAT 28
    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.
  • Chemistree Homecare Ltd & Another v Teva Pharmaceuticals Ltd [2011] EWHC 1877 (Ch)
    Represented the claimants on application for injunctive relief concerning an alleged abuse of dominance by failure to supply.

Other cases

  • Telefonica O2 UK Limited v Ofcom [2010] CAT 25
  • National Grid plc v Gas & Electricity Markets Authority [2009] CAT 14; [2010] UKCLR 386
  • Ofcom and T-Mobile (UK) Ltd v Floe Telecommunications Limited [2009] EWCA Civ 47; [2009] Eu. L.R. 709
  • I-Cable Webserve Ltd v The Telecommunications Authority, CACV329/2008, 11 June 2009
  • Software Cellular Network Ltd v T-Mobile (Robin Knowles QC, 17 July 2007) LTL 23/7/2007
  • Floe Telecommunications Limited v OFCOM [2006] 4 All ER 688
  • Baiai and Trzcinska v Secretary of State for the Home Department [2006] 3 All ER 608 and [2006] 4 All ER 555
  • OFT v The Officers Club [2005] EWHC 1080 (Ch); LTL 2/6/2005
  • R (Amicus) v Secretary of State for Trade and Industry [2004] IRLR 430
  • R (Interbrew SA) v Competition Commission and Secretary of State for Trade and Industry (Moses J) 23 May 2001; LTR 12/11/2001

Telecommunications

Telecoms are also a significant part of Monica’s practice. She was recently instructed on behalf of a number of Claimants on a large “Francovich” claim in respect of an alleged failure properly to implement the RTTE and Authorisation Directives in relation to “GSM gateways”, and on behalf of H3G (“Three”) in the Competition Appeal Tribunal on appeals brought by Telefonica O2 UK Limited against Ofcom concerning the relevance of ex ante regulation to Ofcom’s dispute resolution powers, and concerning the implementation of the Amended GSM Directive.  Other telecoms work includes appearing for Floe Telecommunications Limited in the Court of Appeal in an appeal by the OFT against a decision of the Competition Appeal Tribunal concerning GSM gateways, and advising on spectrum auction issues, the Universal Service Directive 2002/22/EC, as well as in relation to the powers of ICSTIS (now PhonepayPlus). 

Current and recent work

  • Recall Support Services Ltd v Secretary of State for Culture, Media and Sport [2013] EWHC 3091 (Ch); [2014] 2 C.M.L.R 2; [2014] EWCA Civ 1370
    Represented the Claimants in the High Court and the Court of Appeal on a large “Francovich” claim in respect of alleged failure to implement the RTTE and Authorisation Directives.
  • Telefonica O2 UK Limited v Ofcom [2012] CAT 28
    Represented H3G (“Three”) in an appeal concerning the practice of “flip-flopping” and the relevance of ex ante regulation to Ofcom’s dispute resolution powers.

Other cases

  • Telefonica O2 UK Limited v Ofcom [2010] CAT 25
  • Ofcom and T-Mobile (UK) Ltd v Floe Telecommunications Limited [2009] EWCA Civ 47; LTL10/2/2009; [2009] Eu. L.R. 709
  • I-Cable Webserve Ltd v The Telecommunications Authority, unreported, 11 June 2009 
  • Software Cellular Network Ltd v T-Mobile (Robin Knowles QC, 17 July 2007) LTL 23/7/2007
  • Floe Telecommunications Limited v OFCOM [2006] 4 All ER 688

Employment

Employment law forms a significant part of Monica’s practice.  She has advised and represented claimants and defendants in a wide range of employment cases, including sex, race, age and disability discrimination matters, cases concerning the Working Time Regulations, as well as applications for injunctive relief in the High Court.  Recent advisory work includes advising in relation to the government’s 2012 proposals for “employee owner” status.

Current and recent work

  • Gillian Switalski v F&C Asset Management PLC
    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) 
  • Ministry of Defence v Fletcher [2010] IRLR 25
    Instructed on behalf of the Ministry of Defence concerning the power of the Employment Tribunal to award exemplary damages in a discrimination case.
  • Shymanski v Calyon
    Instructed in relation to disclosure issues in a high value sex discrimination case.
  • Oti-Obihara v Dresdner Kleinwort Limited
    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.
  • Chaudhary v Secretary of State for Health
    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.

Other cases

  • R (Amicus) v Secretary of State for Trade and Industry [2004] IRLR 430
  • Obonio v Wandsworth Primary Care Trust
  • Bewley v Prison Service [2004] ICR 422
  • Sibbick v Prison Service
  • Chaudhary v Department of Health [2003] ICR 1510
  • Gerrard Ltd v Reed (judgment of 21 December 2001; Newlawonline no. 2011224302)
  • Hall v Woolston Hall Leisure Ltd [2001] ICR 99
  • Chief Constable of West Yorkshire Police v A [2001] ICR 128 
  • Waters v Commissioner of Police of the Metropolis [1997] IRLR 589
  • R v S.O.S. for Employment, ex p. EOC [1995] 1 AC 1
  • Bullock v Alice Ottley School [1993] ICR 138
  • Universal Thermosensors Ltd v Hibben [1992] 1 WLR 840

Other relevant experience

Contributor to:

  • Halsbury's Laws, Volume 8(2): Constitutional Law and Human Rights (1996)
  • European Employment Law in the UK (2001)
  • Butterworths Human Rights Law and Practice (1999, 2004 and 2009)

Lecturing:

Frequent participant in conferences on public law, regulatory/competition law, human rights and employment law. 

Other Information:

VAT registration number:  447008068

Photo of Monica Carss-Frisk

She's brilliant - she's generous with her time, good in terms of communication, gives clear advice and is really great to work with. 

Chambers UK 2015

Cases

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A very good and very confident silk who knows her arguments. 

Chambers UK 2015