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 2016

  • Administrative & Public law – top ranked. “She has a succinct and successful way of making an argument as well as fantastic client management skills.” “Supernaturally calm with a conspicuous fairness, one has total faith in the correctness of the positions she advances.”
  • Civil Liberties – “She has such poise and presence in the courts that she really commands authority. She is eloquent, forceful and well respected.” “Her advocacy is amazing, she is fantastic with clients and is exceptionally positive in looking to find a solution.”
  • Competition – “She provides clear advice and is quick to grasp the issues.”
  • Employment – “She is absolutely brilliant; she has a very quiet and effective style of advocacy.” “She is exceptionally calm and persuasive in court.”
  • Immigration – top ranked. “She is extremely persuasive in court and just brings clarity to very complex factual and legal problems.” “She has such poise and presence that she commands authority in any of the courts."
  • Telecommunications – top ranked. “When there is a difficult client she is a very calming influence. Her understanding of the law is very full, and she gives good advice." "She's knowledgeable in the telco area, very rigorous and very smart.”

Legal 500 2014

  • Administrative & Public law – “Brilliant; she bears in mind the client’s interests and priorities at all times.”
  • Civil Liberties & Human Rights – “A clear, concise and convincing advocate.”
  • Banking & Finance – “She is incredibly clever, very impressive under pressure and appears to have flawless judgement.”
  • EU & Competition – “Her clear analysis is very much valued.”
  • Immigration – “She is afforded a great deal of respect by the judiciary, and considerable weight is given to her submissions.”
  • IT & Telecommunications – top ranked. “She masters a complex brief quickly.”
  • Professional Discipline & Regulatory – “Very client and solution focused.”

Chambers Global 2015

  • Ranked in Competition / EU.

Monica was named as one of The Lawyer’s ‘Hot 100’ 2012.

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 Uber London Limited (“ULL”) in a test case as to whether private hire vehicles registered with ULL  are equipped with a “taximeter” (Transport for London v Uber London Limited), and 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 Uber London Limited (“ULL”) in a test case as to whether private hire vehicles registered with ULL are equipped with a “taximeter”; 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. She recently represented the EHRC on an intervention 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 (Akerman-Livingstone v Aster). 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

  • Transport for London v Uber London Limited [2015] EWHC 2918 (Admin)
    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.
  • R (London Borough of Enfield) v Secretary of State for Transport [2015] EWHC 3758 (Admin)
    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.
  • R (Somerfield Stores Limited) v Competition and Markets Authority [2015] EWHC 84 (Admin)
    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.  Due to be heard in the Court of Appeal in 2016.
  • 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 (Flatley) v Hywel Dda University Health Board [2014] EWHC 2258 (Admin); (2014) 140 BMLR 1
    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.
  • 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. 
  • 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.) 
  • 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. 
  • 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.

Human Rights / Civil Liberties

  • Akerman-Livingstone v Aster [2015] AC 1399
    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.
  • The Allied Trust and Allied Development Partners Limited v The Attorney General of Bermuda and the Minister for Home Affairs (Supreme Court of Bermuda 24 August 2015)
    Represented the Government of Bermuda in a constitutional case concerning the right to property.
  • 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. 
  • 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. 

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. 

Other cases

Public Law

  • R (British Bankers Association) v FSA [2011] EWHC 999 (Admin); [2011] ACD 71
  • Northern Rock Applicants v (1) Andrew Caldwell and (2) HM Treasury [2011] UKUT 408 (TCC)
  • HJ (Iran) v Secretary of State for the Home Department; HT(Cameroon) v Secretary of State for the Home Department [2010] 3 WLR 386
  • ZH (Tanzania) v Secretary of State for the Home Department [2011] 2 WLR 148
  • Ofcom v Gerry Morrissey and the Information Commissioner [2011] UKUT 116 (AAC)
  • 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

  • ZH (Tanzania) v Secretary of State for the Home Department [2011] 2 WLR 148
  • O’Donoghue v United Kingdom (2011) 53 EHRR 1
  • 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)

Immigration & Nationality

  • ZH (Tanzania) v Secretary of State for the Home Department [2011] 2 WLR 148
  • R (BN) v Secretary of State for the Home Department [2011] EWHC 2367 (Admin)
  • O’Donoghue v United Kingdom (2011) 53 EHRR 1

EU and Competition

EU law forms a significant part of Monica’s practice, particularly involving competition law. She recently represented Somerfield in its challenge to the CMA concerning a penalty paid in connection with the OFT’s tobacco cartel decision (R (Somerfield) v CMA); acted for 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

  • R (Somerfield Stores Limited); R(Gallaher) v Competition and Markets Authority [2015] EWHC 84 (Admin)
    Acted for Somerfield 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.
  • 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.

Other cases

  • Chemistree Homecare Ltd & Another v Teva Pharmaceuticals Ltd [2011] EWHC 1877 (Ch)
  • 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

Banking and Financial Services

Monica is an expert in the field of financial services regulation, having advised and acted for institutions and the regulators in regulatory proceedings and investigations and judicial review.

Current and recent work includes advising regulators, regulated bodies, banks and individuals across a broad spectrum of financial services matters, including collective investment schemes and tax avoidance, the failure of financial institutions, Libor, mis-selling of various financial products and redress schemes.

Current and recent work

  • R (Holmcroft Properties) v 1) KPMG, 2) FCA and 3) Barclays Bank
    Acting for the FCA in this important case that will determine whether KPMG is amenable to judicial review when appointed as a ‘skilled person’, pursuant to s166 FSMA.
  • Arch Financial Products LLP & Ors v FCA
    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.  The Tribunal upheld the decisions of the Financial Conduct Authority (FCA) to issue a public censure against Arch, to prohibit Mr Farrell and Mr Addison from performing any role in regulated financial services, and to impose penalties of £650,000 and £200,000 on Mr Farrell and Mr Addison respectively. The Tribunal also upheld the FCA’s decision that it would have fined Arch £9 million for its misconduct, were it not for the firm’s financial position.
  • 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 the scope of the FSCS’s powers to award compensation in the context of home mortgage advice.
  • R (Jenkinson & Ors) v Financial Conduct Authority
    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.
  • R (Coull Money Limited) v Financial Services Authority
    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.

Other cases

  •  R (British Bankers Association) v Financial Service Authority [2011] EWHC 999 (Admin);[2011] Bus LR 1531

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

  • R (Lowery) v Secretary of State for Defence (2014-2015)
    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.
  • 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) 
  • 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

  • Ministry of Defence v Fletcher [2010] IRLR 25
  • 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 is absolutely brilliant. 

Chambers UK 2016

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She is incredibly clever, very impressive under pressure and appears to have flawless judgement. 

Legal 500 2015