Monica’s practice spans public and regulatory law, civil liberties and human rights (including immigration), EU and competition law, telecoms and employment law.  She has appeared in a large number of leading cases in the Court of Appeal and the Supreme Court, as well as in the High Court, and other Courts and Tribunals.  

Monica is one of the UK's most highly rated Queen's Counsel. Both the independent legal directories, Chambers UK and Legal 500, commend her expertise across a range of specialist fields, including Administrative & Public, Financial Services, Civil Liberties & Human Rights, EU & Competition, Employment, Immigration, Professional Discipline & Regulatory and Telecoms. Monica is further ranked in Chambers Global 2016 in Competition/EU.

Chambers UK 2016 notes the view of professional clients that Monica “has such poise and presence in the courts that she really commands authority. She is eloquent, forceful and well respected.”  Legal 500 notes the observations of clients that she is “Brilliant; she bears in mind the client’s interests and priorities at all times.” and “is incredibly clever, very impressive under pressure and appears to have flawless judgement.”

Prior to taking silk Monica was a member of the A Panel, and after taking silk has appeared on behalf of the Government as well as for claimants in many of the most important public law cases. She was named as one of The Lawyer’s ‘Hot 100’ in 2012.

Monica frequently represents both claimants and defendants, adopting a practical approach to each client’s needs.  

She has been called to the Bar of Hong Kong, the Cayman Islands, Bermuda and the British Virgin Islands to enable her to represent clients in those jurisdictions.

Experience

Shortlist

Public & Regulatory

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 the FCA in a test case as to whether a firm appointed as independent reviewer in relation to a voluntary redress scheme is amenable to judicial review (R(Holmcroft Properties Ltd) v KPMG LLP) ; representing 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); 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); 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).

Monica has also recently represented the defendant in an important case concerning state and diplomatic immunity (Al-Attiya v Bin-Jassim Bin-Jaber Al Thani [2016] EWHC 212 (QB).

Cases

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Civil Liberties & Human Rights

Civil liberties and human rights (including immigration) form a large part of Monica’s practice. She frequently acts in these areas both for claimants and public authorities. 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). 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, and 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). 

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, including 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. Monica has also 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.  

Monica has also acted in the European Court of Human Rights 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 (Pezoldova v Czech Republic) and  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 in the European Court of Human Rights concerning the right to life.

Cases

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EU & Competition

EU law forms a significant part of Monica’s practice, particularly involving competition law. She is currently  representing Somerfield in its challenge to the CMA concerning a penalty paid in connection with the OFT’s tobacco cartel decision (R(Somerfield) v CMA); she recently 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). Other recent work includes  advising regulators in connection with abuse of dominance and significant market power investigations.

Cases

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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, PPI, Libor, mis-selling of various financial products and redress schemes. 

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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).

Cases

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Employment

Monica  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.

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Immigration

Monica is recognised as a leading expert on immigration matters by both the independent legal directories, having appeared in a number of the leading cases in this field. 

Cases

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Achievements

Publications

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:

Monica is a frequent participant in conferences on her practice areas.  She has provided human rights training under the auspices of the Council of Europe, including in the Russian Federation and Montenegro.

Selected earlier reported cases

Public & Regulatory

  • 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
  • Brooke v Parole Board [2007] HRLR 46
  • 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
  • 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
  • Wilson v First County Trust Ltd [2003] 3 WLR 568
  • R (L) v Secretary of State for the Home Department [2003] 1 WLR 1230
  • National Provincial Building Society v United Kingdom (1998) 25 EHRR 127 
  • R v S.O.S. for Employment, ex p. EOC [1995] 1 AC 1

Civil Liberties & Human Rights

  • 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
  • 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
  • Adali v Turkey (judgment of the European Court of Human Rights of 31 March 2005)
  • 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
  • JA Pye (Oxford) Ltd v Graham [2001] 2 WLR 1293
  • Former King of Greece and Others v Greece (2001) 33 EHRR 21
  • R (Interbrew SA) v Competition Commission and Secretary of State for Trade and Industry (Moses J) 23 May 2001; LTR 12/11/2001

EU & Competition

  • 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

Financial Services

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

Telecommunications

  • 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

  • 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 Information

Monica was a part-time tutor in law at UCL (English legal system and civil liberties) from 1984 to 1987.

VAT registration number: 447008068

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