Hanif Mussa

A case in the Divisional Court concerning whether the statutory regime for the imposition of notification requirements on sexual offenders is compatible with rights under Article 8 ECHR.

Acting successfully in defending an urgent expedited claim for judicial review concerning whether the government is permitted to authorise the use of identification requirements at the local government elections in May 2019, and successfully resisting an appeal to the Court of Appeal.

Acting on behalf an interested party in a judicial review case in the Court of Appeal concerning whether there are obligations of consultation in respect of changes to vectoring practices of aircraft arriving at Gatwick Airport (with Javan Herberg QC).

Proceedings before the European Court of Human Rights concerning violations of rights under Article 6 ECHR and A1P1 as a result of the determination of valuable patent rights by the European Patent Office (with Monica Carss-Frisk QC and James Segan).

Acting for the Secretary of State in defending a challenge to the Wild Animals in Circuses Act 2019, which seeks to prohibit the performance and display of wild animals as part of circus acts in a travelling circus. 

Acting successfully for the defendant in resisting a challenge to the government's decision to license the supplementary culling of badgers as part of its strategy to combat bovine TB both at first instance and on appeal.

Acting successfully for the defendant in proceedings concerning whether decisions of an independent reviewer appointed under s.166 of the Financial Services and Markets Act 2000 are amenable to judicial review (with Javan Herberg QC).

Acting in an appeal to the Supreme Court concerning the scope of the defence of objective justification in respect of a claim of unequal treatment or substantive unfairness arising out of the OFT’s Tobacco investigation.

Acting for Uber in an appeal to the Court of Appeal considering whether its system makes provision of a taximeter contrary to the requirements of applicable legislation.

Acting successfully on behalf of the Clearcast Limited in proceedings alleging that Clearcast’s pre-clearance functions in relation to television broadcasting were amenable to judicial review. The challenge was withdrawn after permission was refused.

Acting successfully for Uber in defending proceedings for judicial review brought by a trade body to contest Uber’s licence to operate in London. The challenge was withdrawn at the permission stage.

An appeal to the Court of Appeal concerning the circumstances in which a court quashing a decision on an application for judicial review is obliged to remit the matter for reconsideration by a fresh decision-maker (with Dinah Rose QC).

An appeal to the Court of Appeal concerning whether a proposal made by a government department to modify a statutory subsidy scheme was capable of violating the rights of providers of solar photo-voltaic technology under A1P1 ECHR (with Michael Beloff QC).

Acting on behalf of Ofgem in the first appeals under the new statutory licence modification appeal process applicable to the UK energy sector.

Acting on behalf of the AMPS in challenge by way of judicial review to the decision of the FCA imposing enhanced capital requirements for SIPP operators (with Dinah Rose QC).

An appeal to the Supreme Court concerning the proper meaning and application of the Sixth Directive on VAT in the context of the online hotel accommodation sales industry (with Sam Grodzinski QC).

A confidential claim for judicial review concerning decisions made by the Cabinet Office in the public procurement context in respect of strategic suppliers to central government.

Acting for Virgin in a challenge to the decision of the Secretary of State to award the franchise to run the West Coast Main Line to First West Coast Limited (with Michael Beloff QC).

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).

Acting for the respondent in an appeal to the Supreme Court in relation to a claim for judicial review brought against the CMA seeking the repayment of a fine of more than £50 million imposed for an alleged cartel infringement.

Acting on behalf of Thai Airways in defending additional claims brought in the context of substantial follow-on claims for damages for infringements of competition law in the air freight sector.

Acting in three sets of annulment proceedings brought in the General Court concerning the imposition and renewal of sanctions against high profile individuals associated with the former government of Ukraine.

Acting for an intervener in proceedings before the Competition Appeal Tribunal arising from the CMA’s private healthcare investigation.

Acting in substantial standalone and follow on damages claims brought by a retailer in respect of card charges levied by payment card schemes.

Acting successfully for the European Commission in proceedings before the General Court in defence of a decision imposing fines on participants in an international freight forwarding cartel (with Brian Kennelly).

Advising in relation to competition law issues arising from a substantial merger in a foreign jurisdiction.

Successfully representing the Applicant in proceedings before the Competition Appeal Tribunal challenging the decision of the CMA to require the divestiture of two central London Hospitals (with Dinah Rose QC).

Acting for the Respondent in an appeal to the Supreme Court concerning the proper meaning and application of the Sixth Directive on VAT in the context of the online hotel accommodation sales industry (with Sam Grodzinski QC).

A reference for a preliminary ruling from the Grand Chamber of the Court of Justice of the European Union in respect of the EU Environmental Information Directive (assisting Tom de la Mare QC).

Acting successfully for the Respondent in an appeal to the Court of Appeal concerning the circumstances in which there is a material change in the market for the purposes of ex ante competition law.

Acting for Virgin in a challenge to the decision of the Secretary of State to award the franchise to run the West Coast Main Line to First West Coast Limited, relying on EU principles of transparency and equal treatment (with Michael Beloff QC).

Acting successfully for Ofcom in an appeal against a decision of the Competition Appeal Tribunal to uphold Ofcom’s finding requiring BT to repay some £42 million for breach of ex-ante competition rules concerning pricing (with Pushpinder Saini QC).

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).

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 in compliance with EU law.

A challenge to delegated legislation relying on TFEU provisions on the free movement of goods and the freedom of establishment.

Acting in relation to the largest group litigation brought in England and Wales, resulting from the collapse of the Fundao Dam in Brazil. Hanif has been working on a range of jurisdictional and foreign law issues. 

Acting in major commercial fraud proceedings concerning very substantial claims relating to a collective investment scheme (with Tom Weisselberg QC).

Acting successfully for the defendants in a tort claim by 22 Peruvians regarding a protest in Peru which raises issues of foreign act of state, choice of law and corporate liability for the acts of the Peruvian National Police. The litigation has already led to a number of important judgments including on issues of disclosure ([2016] EWHC 389 (QB); [2016] EWHC 946 (QB); [2016] EWHC 1825 (QB)) and expert evidence ([2016] EWHC 2757 (QB); [2017] EWHC 1582 (QB); [2018] EWHC 27 (QB)).

Acting on behalf of Thai Airways in defending additional claims brought in the context of substantial follow-on claims for damages for infringements of competition law in the air freight sector.

Acting on behalf of the Defendant in defending claims for damages totalling almost £200 million in respect of the alleged breach of property rights of businesses operating in the solar photovoltaic industry. The case settled shortly before a ten-week trial.

Defending a property developer against substantial claims brought under the Unfair Terms in Consumer Contracts Regulations. The claims were discontinued shortly before trial.

Acting in substantial standalone and follow on damages claims brought by a retailer in respect of card charges levied by payment card schemes.

Acting on behalf of a major foreign bank in relation to enforcement proceedings brought in respect of a foreign judgment.

Acting on behalf of a company in ongoing international proceedings concerning a dispute over land in Moscow worth some 600 million Euros.

Acting behalf of the Defendant property developer in obtaining summary judgment on a claim brought under the Consumer Credit Act 1974.

Acting for the Defendant in a complex patent dispute in the mobile telecommunications sector.

Acting for the Defendant in a claim for 49 million Euros arising out of a failure to launch an IPO (with Andrew Hunter QC).

Acting as sole counsel for the Defendants in High Court proceedings concerning an alleged team move, raising claims of breach of confidence, conspiracy and various economic torts.

Acting as sole counsel for the Defendant in proceedings in the High Court concerning claims for many millions arising out of the collapse of a complex joint venture.

Acting for the Claimant in obtaining summary judgment and a worldwide without notice freezing injunction in proceedings concerning alleged breaches of settlement agreements, fraud and false imprisonment. 

Proceedings concerning claims for breach of fiduciary duty and trust in relation to management of company funds in the film industry (with Tom de la Mare QC).

Acting in an application to the European Court of Human Rights concerning alleged violations of the rights of Turkish lawyers by the Turkish State in the aftermath of an attempted coup. 

A case in the Divisional Court concerning whether the statutory regime for the imposition of notification requirements on sexual offenders is compatible with rights under Article 8 ECHR.

Acting successfully in defending an urgent expedited claim for judicial review concerning whether the government is permitted to authorise the use of identification requirements at the local government elections in May 2019, and successfully resisting an appeal to the Court of Appeal.

Acting as sole counsel in a challenge concerning whether sufficient provision has been made by the government to assist blind voters at parliamentary elections. 

Acting in proceedings concerning whether an international mining company can be held responsible for violations of human rights alleged to have been committed by foreign security forces in the vicinity of its property. 

Acting as sole counsel in an appeal to the Court of Appeal concerning the scope rights under Article 8 ECHR in the context of removal decisions.

Acting for Liberty in a claim for judicial review concerning HIV discrimination in the armed forces, contrary to Articles 8 and 14 ECHR and contrary to the provisions of the Equality Act 2010.

Acting for Reprieve in a series of confidential cases concerning potential breaches of human rights by the security and intelligence services in conducting counter-terrorism activity.

Appeals in the Supreme Court concerning whether the Secretary of State’s arrangements for the transfer of indeterminate sentence prisoners to open conditions violated Articles 5(1) and 14 of the ECHR and whether his delay in making provision for rehabilitative courses for indeterminate sentenced prisoners violated Article 5(1) ECHR (with James Eadie QC).

An appeal to the Court of Appeal concerning the nature of the Secretary of State’s common law duties in making provision for rehabilitative courses for indeterminate sentenced prisoners (with Tom Weisselberg QC).

Acting for Afghan nationals formerly detained for a period of 10 months at Camp Bastion without charge or trial, who contended that their rights under Article 5 ECHR had been violated (with Mike Fordham QC and Shaheed Fatima).

Acting as sole counsel in a claim in the Divisional Court for judicial review of the failure of the Secretary of State to make additional provision for the support of 17 year olds detained in police custody, relying upon the United Nations Convention on the Rights of the Child.

Acting as sole counsel in proceedings for judicial review challenging decisions of the Legal Aid Agency in allocating contracts for mental health work.

Acting as sole counsel for the Secretary of State in defending numerous ongoing claims for judicial review brought by prisoners concerning alleged violations of Article 5(1) ECHR and the Secretary of State’s public law duties arising from the failure to make adequate provision for rehabilitation.

Acting as sole counsel on behalf of the Attorney General in proceedings in the Divisional Court before the Lord Chief Justice for an Order of Committal for contempt.

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). 

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.

Proceedings before the European Court of Human Rights concerning violations of rights under Article 6 ECHR and A1P1 as a result of the determination of valuable patent rights by the European Patent Office (with Monica Carss-Frisk QC and James Segan).

Acting in an application to the European Court of Human Rights concerning alleged violations of the rights of Turkish lawyers by the Turkish State in the aftermath of an attempted coup. 

Acting on behalf of investors in a claim concerning the breach by a foreign state of obligations under a bilateral investment treaty.

A reference for a preliminary ruling from the CJEU raising issues concerning the effect of the Aarhus Convention on the interpretation of the EU Environmental Information Directive (with Tom de la Mare QC).

Acting on behalf of formerly detained Afghan nationals in proceedings concerning the relationship between obligations under Article 5 ECHR and international humanitarian law (with Mike Fordham QC and Shaheed Fatima).

A claim for judicial review of the failure of the Secretary of State to make additional provision for the support of 17 year olds detained in police custody, relying upon the United Nations Convention on the Rights of the Child.

A claim before the European Court of Human Rights concerning an alleged violation of rights under Article 1 of the First Protocol in relation to compensation awarded for the compulsory acquisition of rights over land (with Michael Beloff QC). 

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.

An application for habeas corpus before the Divisional Court concerning the legality of a prisoner’s detention pursuant to the Council of Europe’s Convention on the Transfer of Sentenced Prisoner’s 1983 and the Repatriation of Prisoners Act 1984.

A judicial review seeking an investigation into the alleged execution of civilians by British troops at Batang Kali in Malaya in 1948, and raising issues concerning investigative duties under customary international law (with Dinah Rose QC and Ben Jaffey).

Acting successfully on behalf of Ofcom in appeals to the Court of Appeal concerning the extent to which BT overcharged for Ethernet services.

Acting on behalf of a commercial telecommunications operator in a claim concerning its entitlement to termination charges from Mobile Network Operators under the terms of the Standard Interconnect Agreement (ongoing).

Acting on behalf of a major developer of mobile telecommunications technology in a complex patent and royalties dispute.

Substantial proceedings in the Competition Appeal Tribunal concerning claims that BT has overcharged other communication providers for the provision of Ethernet services by some £200 million. 

Acting successfully for the Respondent in an appeal to the Court of Appeal concerning the circumstances in which there is a material change in the market for the purposes of section 86 of the Communications Act 2003.

Acting successfully for Ofcom in an appeal against a decision of the Competition Appeal Tribunal to uphold Ofcom’s finding requiring BT to repay some £42 million for breach of ex-ante competition rules concerning pricing (with Pushpinder Saini QC).

Successfully resisting 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.

Acting successfully for the defendant in proceedings concerning whether decisions of an independent reviewer appointed under s.166 of the Financial Services and Markets Act 2000 are amenable to judicial review (with Javan Herberg QC).

Acting on behalf of the AMPS in challenge by way of judicial review to the decision of the FCA imposing enhanced capital requirements for SIPP operators (with Dinah Rose QC).

Acting for the HMRC in an appeal to the Supreme Court concerning the proper meaning and application of the Sixth Directive on VAT in the context of the online hotel accommodation sales industry (with Sam Grodzinski QC).

Acting on behalf of a SIPP operator in a challenge to a FOS decision requiring the payment of compensation in respect of an unsuccessful investment (with Javan Herberg QC). 

Acting on behalf of a bank being investigated by the Financial Services Authority for alleged breach of obligations in relation to money laundering (with Javan Herberg QC).

Acting in proceedings for judicial review concerning the proposed modification by the HMRC of its approach to assessing VAT payments due from telecommunications companies.

Acting successfully for Uber in defending proceedings for judicial review brought by a trade body to contest Uber’s licence to operate in London. The challenge was withdrawn at the permission stage.

Acting on behalf of Ofgem in two highly sensitive on-going matters concerning the new EU framework for the regulation of gas and electricity markets (with Pushpinder Saini QC).

Acting on behalf of Ofgem in the first appeals under the new statutory licence modification appeal process applicable to the UK energy sector.

Acting on behalf of the General Medical Council in a claim concerning the entitlement of a doctor to challenge the conduct of professional discipline proceedings before an Employment Tribunal.

Acting for the OFT in proceedings concerning breaches by a regulated person of obligations to register under the Money Laundering Regulations 2007.

Acting successfully for Ofcom in an appeal against a decision of the Competition Appeal Tribunal to uphold Ofcom’s finding requiring BT to repay some £42 million for breach of ex-ante competition rules concerning pricing (with Pushpinder Saini QC).

Acting successfully for the Housing Ombudsman in a series of judicial review claims brought by a tenant in respect of the treatment of complaints he lodged with the Ombudsman regarding his landlord.

Acting on behalf of the Charity Commission in relation to a series of judicial review claims concerning the exercise of its regulatory functions in respect of charities.

Acting for the General Medical Council and the Royal Pharmaceutical Society of Great Britain in a series of High Court proceedings to obtain extensions to orders prohibiting doctors and pharmacists from practising.

Acting in relation to the largest group litigation brought in England and Wales, resulting from the collapse of the Fundao Dam in Brazil. Hanif has been working on a range of jurisdictional and foreign law issues. 

Acting on behalf an interested party in a judicial review case in the Court of Appeal concerning whether there are obligations of consultation in respect of changes to vectoring practices of aircraft arriving at Gatwick Airport (with Javan Herberg QC).

Acting for the Secretary of State in defending a challenge to the Wild Animals in Circuses Act 2019, which seeks to prohibit the performance and display of wild animals as part of circus acts in a travelling circus. 

Acting successfully for the defendant in resisting a challenge to the government's decision to license the supplementary culling of badgers as part of its strategy to combat bovine TB both at first instance and on appeal.

Acting on behalf of the Defendant in defending claims for damages totalling almost £200 million in respect of the alleged breach of property rights of businesses operating in the solar photovoltaic industry. The case settled shortly before a ten-week trial.

A reference for a preliminary ruling from the Grand Chamber of the Court of Justice of the European Union in respect of the EU Environmental Information Directive (assisting Tom de la Mare QC).