Monica Carss-Frisk KC

Represented a group of Claimant freeholders seeking a declaration that aspects of the Leasehold Reform Act 2024 were incompatible with their right to property (A1P1) (instructed by Mishcon de Reya).

Represented Castle Water on the first statutory Code modification appeal to the Competition and Markets Authority (instructed by Slaughter & May).

Represented the Claimants in the Court of Appeal in an appeal concerning a judicial review challenge to a decision by the London Metal Exchange to cancel hundreds of millions of dollars’ worth of trades (instructed by Akin Gump) raising an issue of breach of the right to property (A1P1). This case was listed as one of The Lawyer’s Top 20 cases in 2023.

Represented the Claimants in a judicial review challenge to decisions by the Secretary of State to enfranchise land held by the Claimants on long leases, involving a claim of breach of the right to property under Article 1 of the First Protocol to the ECHR (A1P1) (instructed by Linklaters). This case was listed as one of The Lawyer’s Top 20 cases in 2023.

Acted for the appellant in the Hong Kong Final Court of Appeal in a test case alleging breach of the right against forced labour under the Hong Kong Bill of Rights (instructed by Patricia Ho & Associates).

Acted for the Housing Authority in the Hong Kong Court of Final Appeal in two major constitutional appeals concerning the exclusion of same-sex couples from access to public rental housing (PRH) units and the Home Ownership Scheme (HOS) (instructed by Woo, Kwan, Lee & Lo).

Acted for the BBC in a judicial review concerning open justice in the context of asset forfeiture proceedings, exploring the tension between open justice and Article 8 ECHR (instructed by the BBC).

Acted for the BBC in a judicial review challenge to the regulation of the launch of BBC Radio 1 Dance (R1D).

Represented the intervener, Human Rights Watch, in an appeal brought by a non-gendered person challenging the Government’s policy not to issue nongender-specific “X” passports to non-gendered, non-binary and other trans persons who do not identify as, or exclusively as, male or female (instructed by Macfarlanes).

Represented the claimant in the Divisional Court on a judicial review concerning a search and seizure warrant and the circumstances in which it is appropriate to appoint a special advocate in relation to a closed hearing (instructed by Macfarlanes).

Acted for the Financial Conduct Authority on an application to stay disciplinary proceedings before the Regulatory Decisions Committee pending the outcome of Commercial Court proceedings where the issues to be considered were held to be the same (instructed by the FCA).

Instructed by the Office for Students on an application for interim relief to prevent the new higher education regulator from publishing its decision not to register the Claimant as a higher education provider (instructed by the OfS).

Represented the higher education regulator, the OfS, in the Court of Appeal on a judicial review challenge to its decision not to register the Claimant higher education provider.

Acted for the regulator in a judicial review challenge to a regulatory judgement assessing the Claimant as non-compliant with regulatory standards. (instructed by Trowers & Hamlin).

Acted for Ofgem Authority in a judicial review of a decision concerning regulated revenue made pursuant to the Offshore Transmission Licence (instructed by Ofgem).

Acted for the Director of Immigration in the Hong Kong Court of Appeal in a landmark case concerning the exclusion of same sex couples from a policy of granting dependant visas to the spouses of employment visa holders (instructed by the Hong Kong Department of Justice).

Acted in the Court of Appeal for one of the Claimants in judicial review proceedings relating to the regulator's failure to repay them sums paid by way of penalties in circumstances where the regulator had made such a repayment to another company (instructed by Burges Salmon).

Acted for the Financial Conduct Authority in the Divisional Court on a claim for judicial review of the decision of an independent reviewer, raising the issue of amenability to judicial review (instructed by Baker & McKenzie).

Acted for pension trustees in a case upholding the principle that where there is an alternative remedy available to the Claimants judicial review will only be granted in exceptional circumstances (instructed by Burges Salmon).

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 (instructed by Trowers & Hamlin).

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 (instructed by Hogan Lovells).

Represented a group of Claimant freeholders seeking a declaration that aspects of the Leasehold Reform Act 2024 were incompatible with their right to property (A1P1) (instructed by Mishcon de Reya).

Acted for the appellant in the Hong Kong Final Court of Appeal in a test case alleging breach of the right against forced labour under the Hong Kong Bill of Rights (instructed by Patricia Ho & Associates).

Acted for the Housing Authority in the Hong Kong Court of Final Appeal in two major constitutional appeals concerning the exclusion of same-sex couples from access to public rental housing (PRH) units and the Home Ownership Scheme (HOS) (instructed by Woo, Kwan, Lee & Lo).

Represented the Claimants in the Court of Appeal in an appeal concerning a judicial review challenge to a decision by the London Metal Exchange to cancel hundreds of millions of dollars’ worth of trades (instructed by Akin Gump) raising an issue of breach of the right to property (A1P1). This case was listed as one of The Lawyer’s Top 20 cases in 2023.

Represented the Claimants in a judicial review challenge to decisions by the Secretary of State to enfranchise land held by the Claimants on long leases, involving a claim of breach of the right to property under Article 1 of the First Protocol to the ECHR (A1P1) (instructed by Linklaters). This case was listed as one of The Lawyer’s Top 20 cases in 2023.

Acted for the BBC in a judicial review concerning open justice in the context of asset forfeiture proceedings, exploring the tension between open justice and Article 8 ECHR (instructed by the BBC).

Represented the intervener, Human Rights Watch, in an appeal brought by a non-gendered person challenging the Government’s policy not to issue nongender-specific “X” passports to non-gendered, non-binary and other trans persons who do not identify as, or exclusively as, male or female (instructed by Macfarlanes).

Represented the Metropolitan Police on a judicial review raising issues concerning the lawfulness of decisions of the police in relation to an intended vigil for Sarah Everard on Clapham Common in March 2021 in the light of Articles 10 and 11 ECHR (instructed by the MPS).

Represented the claimant in the Divisional Court on a judicial review concerning a search and seizure warrant and the circumstances in which it is appropriate to appoint a special advocate in relation to a closed hearing (instructed by Macfarlanes).

Represented the former Prime Minister of Qatar in relation to a claim for damages, raising issues of state and diplomatic immunity (instructed by Macfarlanes).

Acted for the Director of Immigration in the Hong Kong Court of Appeal in a landmark case concerning the exclusion of same sex couples from a policy of granting dependant visas to the spouses of employment visa holders (instructed by the Hong Kong Department of Justice).

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 (instructed by the EHRC).

Represented Iveco in the Court of Appeal concerning the application of the doctrine of abuse of process in follow-on claims brought in the domestic Court following a cartel decision of the European Commission (instructed by Herbert Smith Freehills).

Represented the Association of British Pharmaceutical Industry in the Court of Appeal in a challenge to the lawfulness under EU law of a policy of offering a particular drug (Avastin) as the preferred treatment option for certain patients (instructed by CMS).

Acted for Vodafone in the Court of Appeal in relation to a claim for restitution of sums paid pursuant to an ultra vires demand (instructed by Towerhouse).

Acted in theCourt of Appeal for one of the Claimants in judicial review proceedings relating to the regulator's failure to repay them sums paid by way of penalties in circumstances where the regulator had made such a repayment to another company (instructed by Burges Salmon).

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. (instructed by Matthew, Arnold & Baldwin).

Representing the FCA in relation to a test case judicial review of the compulsory jurisdiction (limitation) rules of the Financial Ombudsman Service (instructed by the FCA). The case is part-heard, to be completed at a further hearing in January 2026.

Represented the Claimants in the Court of Appeal in an appeal concerning a judicial review challenge to a decision by the London Metal Exchange to cancel hundreds of millions of dollars’ worth of trades (instructed by Akin Gump) raising an issue of breach of the right to property (A1P1). This case was listed as one of The Lawyer’s Top 20 cases in 2023.

Acted for the Financial Conduct Authority on an application to stay disciplinary proceedings before the Regulatory Decisions Committee pending the outcome of Commercial Court proceedings where the issues to be considered were held to be the same (instructed by the FCA).

Acted for the Financial Conduct Authority in the Divisional Court on a claim for judicial review of the decision of an independent reviewer, raising the issue of amenability to judicial review (instructed by Baker & McKenzie).

Acted for the LSE’s AIM Disciplinary Committee in the High Court and in the Court of Appeal in challenge to alleged bias of panel members and decision to hold hearing in private. Leading case on bias in financial services tribunals and private hearings (instructed by CMS).

Acted for the FCA 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 (instructed by the FCA).

Represented the Financial Services Authority in the BBA's challenge to the FSA's policy concerning the mis-selling of payment protection insurance (instructed by SNR Denton UK).

Appeared for the regulator on an appeal by way of judicial review by Flow in relation to a determination concerning Flow’s charges for sub-duct cable installation and related matters (instructed by the Attorney-General’s Chambers). Judgment is pending.

Represented Ofcom on a judicial review appeal in the CAT concerning a decision by Ofcom about Fibre to The Premises broadband.

Acted for Vodafone in the Court of Appeal in relation to a claim for restitution of sums paid pursuant to an ultra vires demand (instructed by Towerhouse).

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. (instructed by Matthew, Arnold & Baldwin).

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 (instructed by Baker & McKenzie).

Representing Mr Caudwell of phones4U and his fund Signia Wealth in a high profile case concerning a share transaction dispute and wrongful dismissal by a former employee.

Acted for the Secretary of State in a landmark case in the Hong Kong Court of Appeal concerning the entitlement of same sex spouses of civil servants who had married abroad to dependant’s benefits (instructed by the Hong Kong Department of Justice).

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.

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) (instructed by McDermott, Will & Emery).

Acted for the Director of Immigration in the Hong Kong Court of Appeal in a landmark case concerning the exclusion of same sex couples from a policy of granting dependant visas to the spouses of employment visa holders (instructed by the Hong Kong Department of Justice).

Acted for the Claimants in the Court of Appeal in test cases concerning the correct approach to certifying asylum claims as clearly unfounded under section 94(3) of the Nationality Immigration and Asylum Act 2002 (instructed by Duncan Lewis).

Represented the claimants 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 (instructed by Wilson Solicitors; Sutovic & Hartigan and Switalskis).

Acted for the Secretary of State in the Supreme Court in a test case about the best interests of children in the context of Article 8 of the European Convention on Human Rights (instructed by Treasury Solicitor).

Acted for the Secretary of State in a case concerning the best interests of children and fresh claims in the context of Article 8 ECHR (instructed by Treasury Solicitor).

Instructed for the United Kingdom Government in the ECtHR in a case concerning legislation to prevent individuals from gaining an immigration advantage through sham marriages (instructed by Treasury Solicitor).

Acted for Severn Trent in a multi-million pound High Court claim in restitution by personal search companies alleging breach of the Environmental Information Regulations (instructed by Herbert Smith Freehills).

Represented the Claimants in the Court of Appeal in an appeal concerning a judicial review challenge to a decision by the London Metal Exchange to cancel hundreds of millions of dollars’ worth of trades (instructed by Akin Gump) raising an issue of breach of the right to property (A1P1). This case was listed as one of The Lawyer’s Top 20 cases in 2023.

Acted for Vodafone in the Court of Appeal in relation to a claim for restitution of sums paid pursuant to an ultra vires demand (instructed by Towerhouse).

Acted for SAS in the Commercial Court and Court of Appeal concerning the circumstances in which an anti-suit injunction can be granted preventing action in the US to enforce a US judgment (instructed by Macfarlanes).