Natasha Simonsen

A group of Tamil migrants who have been stranded on Diego Garcia in the British Indian Ocean Territory (“BIOT”) for three years will be admitted to the UK, it has been announced. This follows extensive litigation in the Administrative Court in London and well as the BIOT Supreme Court and Court of Appeal. Led by Ben Jaffey KC.

Acting for the Appellants in their appeal to the Judicial Committee of the Privy Council against the decision of the Anguillan courts to dismiss a claim for judicial review. The factual background is the Anguillan financial crisis of 2015 and the resolution plan implemented by the government and central bank to stabilise the banking system, but which excluded the Appellants’ deposits from protection. Led by David Pievsky KC.

Advising in relation to commercial judicial review of allegedly unlawful decisions of the FOS.

Acting for Ofcom in a challenge to the decision not to investigate the Claimant’s complaints as to the BBC’s coverage of the EU and of issues surrounding the UK’s exit from the EU. Led by Jessica Boyd KC.

Successfully defended the decision to grant limited bail to migrants on the British island of Diego Garcia in the British Indian Ocean Territory Court of Appeal. The Court of Appeal expressed its concern about the welfare of all the migrants on the island, and particularly the children. Led by Ben Jaffey KC.

The Court of Appeal of the British Indian Ocean Territory (“BIOT”) handed down its first judgment in more than 40 years. The case concerns a number of Tamil asylum seekers who have been the island of Diego Garcia in the BIOT since September 2021. Led by Ben Jaffey KC.

The Supreme Court of the British Indian Ocean Territory (“BIOT”) handed down judgment in relation to a claim for judicial review and applications for wardship brought on behalf of a number of Tamil asylum-seekers who have been stranded on the island of Diego Garcia in the BIOT for some 2.5 years. Led by Ben Jaffey KC.

The Supreme Court of the British Indian Ocean Territory (“BIOT”) handed down judgment in VT, CT & Ors v Commissioner for the BIOT (BIOT SC/No.3/2023). This was an application for judicial review of the Defendant’s refusal to determine claims for legal aid on behalf of ten impecunious asylum seekers who have been held on the island of Diego Garcia since October 2021. The Supreme Court held that the statutory and common law rights to legal aid in English law also apply in BIOT, contrary to the submissions of the Commissioner. Led by Ben Jaffey KC.

The High Court (Whipple LJ and Chamberlain J) declined to grant interim relief to the Applicants, five ethnic Tamil asylum seekers. The Applicants had previously resided in refugee camps in India, from where they set out by boat in September 2021, before being rescued by the Royal Navy and taken to the island of Diego Garcia in the British Indian Ocean Territory (“BIOT”).

Acting for the Judicial Appointments Commission (instructed by the Government Legal Department) in relation to an application for information concerning competitions for judicial appointment.

Acting for HM Treasuring (instructed by the Government Legal Department) in relation to an application for information concerning relocation of a multinational corporation’s headquarters to the UK.

Acting for the BBC as Interested Party in a judicial review challenge to the BBC’s launch of Radio 1 Dance (an online stream of dance music available via the BBC Sounds app) (led by Monica Carss-Frisk KC).

Acted for the Claimant in an application for judicial review of the introduction of voter identification requirements in local government elections (led by Anthony Peto KC in the Supreme Court and Court of Appeal, and by Michael Fordham KC, as he then was, at first instance).

Acting for the Claimants in this judicial review challenge to the Prime Minister’s decision not to order an independent judge-led inquiry into UK complicity in torture and rendition (led by Ben Jaffey QC). Judgment was handed down by the Divisional Court on a preliminary issue (the appropriate standard of disclosure in closed material proceedings concerning national security) and an application for permission to appeal to the Court of Appeal is outstanding. The substantive hearing is listed in January 2020.

Advising a regulatory body on competition law constraints upon its commercial activities (led by Jessica Boyd KC).

Acted for GEMA in the Energy Licence Modification Appeals before the CMA, led by Gerry Facenna KC.

Acted for the claimant NGO in a judicial review challenge to the failure to investigate allegations of Russian interference in UK democratic elections.

Acting for the Gas and Electricity Markets Authority as the Interested Party in a challenge to the CMA's decision in the Energy Licence Modification Appeals (with Daniel Cashman). Decision under appeal.

Acted for the successful Defendant in an application for judicial review of Ofwat's compliance with the Urban Waste Water Treatment Directive (led by Hanif Mussa KC).

Advising techUK and some of its member entities on data protection obligations and the legal gateways to data sharing, including in relation to the Data Protection Acts and the GDPR

Acted for the Claimant, Mr Coughlan, in a judicial review of the government’s pilot schemes for voter identification in the May 2019 local government elections. The Claimant contended that the voter ID scheme was ultra vires the Representation of the People Act 2000 and did not reflect the constitutional significance of the right to vote. Natasha was led by Michael Fordham QC (as he then was) in the High Court proceedings in March 2019, and by Anthony Peto QC in the Court of Appeal in April 2020. An application for permission to appeal to the Supreme Court remains outstanding.

Acted for the claimant in this application for judicial review of the decision of the SFO to suspend an independent investigation (with Michael Fordham QC, Jason Pobjoy and Hollie Higgins).

Natasha is instructed (led by Ben Jaffey QC) to act for Reprieve, David Davis MP and Dan Jarvis MP in an application for judicial review of the Government's decision not to order an independent judge-led inquiry into UK complicity into torture and rendition post 9/11.

Acted for the Defendant (led by David Pievsky) in an application for judicial review of the Secretary of State's decision to transfer governance from the claimant Fire Authorities to the local Police and Crime Commissioners. The Court found in favour of the Defendants and refused permission to appeal.

Acted for the Claimant in an application for judicial review of a proposal for local government reorganisation in Dorset under the Local Government and Public Involvement in Health Act 2007.

Application for judicial review of a decision of the FSCS denying compensation to victims of mis-selling of ARM bonds (assisting Ben Jaffey QC)

(Led by Andrew Green QC) advised a prospective commercial claimant on the prospects of successfully challenging a determination of the Financial Ombudsman Service

Competition Appeal Tribunal trial concerning BT's challenge to Ofcom's business connectivity market review (assisting Tristan Jones, Mark Vinall and Daniel Cashman).

Challenge to the lawfulness of the Security Services' collection and retention of bulk data (assisting Thomas de la Mare QC, Ben Jaffey QC and Daniel Cashman)

Trial of preliminary issue as to whether a railway training accreditation body is an "undertaking" for the purposes of s 18 of the Competition Act 1998 (assisting Tristan Jones)

Group action by consumer who purchased or leased vehicles manufactured by VW, Audi, Škoda and SEAT which contained "defeat devices" to reduce NOx emissions during engine testing (assisting Thomas de la Mare QC and Ben Jaffey QC)

Successfully defended Camelot UK Ltd (the administrator of the National Lottery) in a claim for judicial review.

Assisting on potential claims against the Secretary of State for Health in respect of the conduct of the Medicines and Health Products Regulatory Agency.

Acting for one of the claimants in Second Wave of the Trucks litigation. Led by Jessica Boyd KC.

Acting for one of the defendant banks in this CPO claim in relation to foreign exchange trading. Led by Daniel Beard KC and Sarah Ford KC.

Acting for Google (led by Meredith Pickford KC) in its response to two applications for opt-out collective proceedings orders in relation to ad tech.

Instructed as junior counsel for Ofgem (led by Daniel Beard KC) in an appeal to the Competition and Markets Authority brought by Northern Powergrid against Ofgem's RIIO-ED2 price control decision.

Acting for the BBC as Interested Party in a judicial review challenge to the BBC’s launch of Radio 1 Dance (an online stream of dance music available via the BBC Sounds app) (led by Monica Carss-Frisk KC).

Acting for the Gas and Electricity Markets Authority as the Interested Party in a challenge to the CMA's decision in the Energy Licence Modification Appeals (with Daniel Cashman). Decision under appeal.

Acting for JPMorgan Chase in a damages claim against a number of global banks arising out of alleged breach of competition law concerning conduct in the FX markets (led by Daniel Beard KC).

Acted for GEMA in the Energy Licence Modification Appeals before the CMA, led by Gerry Facenna KC.

Acting for JPMorgan Chase in proposed collective proceedings before the Competition Appeal Tribunal arising out of European Commission decisions concerning conduct in FX markets (led by Sarah Ford KC).

Advising a regulatory body on competition law constraints upon its commercial activities (led by Jessica Boyd KC).

Advising on and acting in an application for an opt-out collective proceedings order in the Competition Appeals Tribunal in a high value and complex claim.

Competition Appeal Tribunal trial concerning BT's challenge to Ofcom's business connectivity market review (assisting Tristan Jones, Mark Vinall and Daniel Cashman).

Follow-on damages claim by purchasers of automobile bearings after the European Commission imposed a €953 million fine in respect of a 7-year cartel (assisting Thomas de la Mare QC, Naina Patel, Tristan Jones and Celia Rooney)

Trial of preliminary issue as to whether a railway training accreditation body is an "undertaking" for the purposes of s 18 of the Competition Act 1998 (assisting Tristan Jones)

Competition damages claim relating to the setting of interchange fees, including applicable law and limitation issues (assisting Kieron Beal QC and Tristan Jones)

A group of Tamil migrants who have been stranded on Diego Garcia in the British Indian Ocean Territory (“BIOT”) for three years will be admitted to the UK, it has been announced. This follows extensive litigation in the Administrative Court in London and well as the BIOT Supreme Court and Court of Appeal. Led by Ben Jaffey KC.

Successfully defended the decision to grant limited bail to migrants on the British island of Diego Garcia in the British Indian Ocean Territory Court of Appeal. The Court of Appeal expressed its concern about the welfare of all the migrants on the island, and particularly the children. Led by Ben Jaffey KC.

The Court of Appeal of the British Indian Ocean Territory (“BIOT”) handed down its first judgment in more than 40 years. The case concerns a number of Tamil asylum seekers who have been the island of Diego Garcia in the BIOT since September 2021. Led by Ben Jaffey KC.

The Supreme Court of the British Indian Ocean Territory (“BIOT”) handed down judgment in relation to a claim for judicial review and applications for wardship brought on behalf of a number of Tamil asylum-seekers who have been stranded on the island of Diego Garcia in the BIOT for some 2.5 years. Led by Ben Jaffey KC.

The Supreme Court of the British Indian Ocean Territory (“BIOT”) handed down judgment in VT, CT & Ors v Commissioner for the BIOT (BIOT SC/No.3/2023). This was an application for judicial review of the Defendant’s refusal to determine claims for legal aid on behalf of ten impecunious asylum seekers who have been held on the island of Diego Garcia since October 2021. The Supreme Court held that the statutory and common law rights to legal aid in English law also apply in BIOT, contrary to the submissions of the Commissioner. Led by Ben Jaffey KC.

The High Court (Whipple LJ and Chamberlain J) declined to grant interim relief to the Applicants, five ethnic Tamil asylum seekers. The Applicants had previously resided in refugee camps in India, from where they set out by boat in September 2021, before being rescued by the Royal Navy and taken to the island of Diego Garcia in the British Indian Ocean Territory (“BIOT”).

Acted for the claimant NGO in a judicial review challenge to the failure to investigate allegations of Russian interference in UK democratic elections.

Acting for a group of MPs in a challenge in the ECtHR concerning the obligation to investigate hostile state interference in UK democratic elections (with Richard Hermer KC, Ben Jaffey KC and Jason Pobjoy).

Acted for the Claimant in an application for judicial review of the introduction of voter identification requirements in local government elections (led by Anthony Peto KC in the Supreme Court and Court of Appeal, and by Michael Fordham KC, as he then was, at first instance).

Acted for Liberty (as intervener) in a case about the proper approach, in the context of a commercial dispute, to evidence which may have been obtained by torture (with Ben Jaffey QC and George Molyneaux).

Acting pro bono on behalf of Ukraine in an inter-state case before the ECtHR concerning the Ukrainian Government's allegations of "human rights violations committed by the Russian Federation in its military operations on the territory of Ukraine since 24 February 2022"

Acting for the Claimants in this judicial review challenge to the Prime Minister’s decision not to order an independent judge-led inquiry into UK complicity in torture and rendition (led by Ben Jaffey QC). Judgment was handed down by the Divisional Court on a preliminary issue (the appropriate standard of disclosure in closed material proceedings concerning national security) and an application for permission to appeal to the Court of Appeal is outstanding. The substantive hearing is listed in January 2020.

Delivering training in Lebanon to two Lebanese Bar Associations on international and domestic law standards prohibiting torture and the role of human rights lawyers in upholding those standards (with Timothy Otty QC and Isabel Buchanan)

Natasha is instructed (led by Ben Jaffey QC) to act for Reprieve, David Davis MP and Dan Jarvis MP in an application for judicial review of the Government's decision not to order an independent judge-led inquiry into UK complicity into torture and rendition post 9/11.

Acting pro bono for the AIRE Centre, intervening in a case about whether refugees in the UK's sovereign base areas in Cyprus have the right to enter the metropolitan UK (with Mike Fordham QC, Katie O'Byrne and Natasha Simonsen).

Challenge to the lawfulness of the Security Services' collection and retention of bulk data (assisting Thomas de la Mare QC, Ben Jaffey QC and Daniel Cashman)

Claims by Libyan/Moroccan family against MI5 and MI6 for complicity in their unlawful abduction in Thailand, rendition to Libya, detention and torture (assisting Ben Jaffey QC)

Application to the Strasbourg Court challenging the compatibility of the Metropolitan Police's retention of personal information about peaceful protestors with Article 8 of the European Convention on Human Rights (assisting Ben Jaffey QC)

Appeal by a prisoner against the dismissal of his claims under Articles 3 and 8 ECHR and for disability discrimination in relation to sanitation arrangements in a high-security prison (assisting Ben Jaffey QC)

Acting for the Judicial Appointments Commission (instructed by the Government Legal Department) in relation to an application for information concerning competitions for judicial appointment.

Acting for HM Treasuring (instructed by the Government Legal Department) in relation to an application for information concerning relocation of a multinational corporation’s headquarters to the UK.

Acting for the First Defendant, ENRC in a high-profile claim brought by a partner of Dechert LLP. The claim concerns alleged surveillance carried out by the Second Defendant, Diligence International as part of an investigation into alleged wrongdoing by the partner during the period in which he was retained by ENRC. 

Acted for the First Defendant, ENRC in a high-profile claim brought by a partner of Dechert LLP. The claim concerned alleged surveillance carried out by the Second Defendant, Diligence International as part of an investigation into alleged wrongdoing by the partner during the period in which he was retained by ENRC (with Tom de la Mare KC and Daniel Burgess)

Advising techUK and some of its member entities on data protection obligations and the legal gateways to data sharing, including in relation to the Data Protection Acts and the GDPR

Advising a professional players’ sporting association on the implications of the GDPR and Data Protection Act 2018 for athletes’ rights, including in relation to “wearables” generating personal data during sporting competitions.

Instructed as junior counsel for Ofgem (led by Daniel Beard KC) in an appeal to the Competition and Markets Authority brought by Northern Powergrid against Ofgem's RIIO-ED2 price control decision.

Acting for the Gas and Electricity Markets Authority as the Interested Party in a challenge to the CMA's decision in the Energy Licence Modification Appeals (with Daniel Cashman). Decision under appeal.

Acted for GEMA in the Energy Licence Modification Appeals before the CMA, led by Gerry Facenna KC.

Acting for JPMorgan Chase in proposed collective proceedings before the Competition Appeal Tribunal arising out of European Commission decisions concerning conduct in FX markets (led by Sarah Ford KC).

Acting for the First Defendant, ENRC in a high-profile claim brought by a partner of Dechert LLP. The claim concerns alleged surveillance carried out by the Second Defendant, Diligence International as part of an investigation into alleged wrongdoing by the partner during the period in which he was retained by ENRC. 

Acted for the First Defendant, ENRC in a high-profile claim brought by a partner of Dechert LLP. The claim concerned alleged surveillance carried out by the Second Defendant, Diligence International as part of an investigation into alleged wrongdoing by the partner during the period in which he was retained by ENRC (with Tom de la Mare KC and Daniel Burgess)

Acting for JPMorgan Chase in a damages claim against a number of global banks arising out of alleged breach of competition law concerning conduct in the FX markets (led by Daniel Beard KC).

Natasha acted for the Defendant in this high value claim relating to alleged bribery of a foreign public official.  Parallel investigation by the Serious Fraud Office. Natasha was led by Tony Peto QC and Peter Head.

Hearing in the Court of Appeal on the proper construction of pre-emption provisions in the articles of association of a private limited company (assisting Mark Vinall)

Group action by consumer who purchased or leased vehicles manufactured by VW, Audi, Škoda and SEAT which contained "defeat devices" to reduce NOx emissions during engine testing (assisting Thomas de la Mare QC and Ben Jaffey QC)

Claim concerning subordinated loans alleged to have been extinguished by operation of Russian law (assisting Andrew Green QC and Robert Weekes)

Arbitration hearing before the British Boxing Board of Control, raising issues relating to breach of contract and quantum of damages (assisting Robert Weekes).

$800m+ claim in the BVI Commercial Court concerning a joint venture in relation to various power generation and distribution assets in Russia (assisting Pushpinder Saini QC and Robert Weekes)

Claim for deceit and breach of warranty relating to a sale and purchase of a pharmaceutical company (assisting Robert Weekes)

Acted for the Defendant in a jurisdiction dispute on the applicability of the recast Brussels Regulation to flight compensation claims pursuant to EC Regulation 261/2004

An independent Panel of the IAAF Ethics Board partially upheld charges against the President of the UAE Athletics Federation and former World Athletics (previously IAAF) Council member, Ahmad Al Kamali. The Panel imposed a sanction upon Mr Al Kamali of a ban from the sport for 6 months, fined him €5,000 and ordered him to pay €15,000 in costs. Natasha acted as Legal Secretary to the Panel of the IAAF Ethics Board.

Advising a professional players’ sporting association on the implications of the GDPR and Data Protection Act 2018 for athletes’ rights, including in relation to “wearables” generating personal data during sporting competitions.

Arbitration hearing before the British Boxing Board of Control, raising issues relating to breach of contract and quantum of damages (assisting Robert Weekes).

Natasha serves as one of three Legal Secretaries to the Ethics Board of the International Association of Athletics Federations (IAAF).

Acting for a group of MPs in a challenge in the ECtHR concerning the obligation to investigate hostile state interference in UK democratic elections (with Richard Hermer KC, Ben Jaffey KC and Jason Pobjoy).

Advising an international corporation working in responsible sourcing of natural resources on the legal effect of Security Council Resolutions (including e.g. in relation to conflict diamonds)

Acting pro bono on behalf of Ukraine in an inter-state case before the ECtHR concerning the Ukrainian Government's allegations of "human rights violations committed by the Russian Federation in its military operations on the territory of Ukraine since 24 February 2022"

Delivering training in Lebanon to two Lebanese Bar Associations on international and domestic law standards prohibiting torture and the role of human rights lawyers in upholding those standards (with Timothy Otty QC and Isabel Buchanan)

Acting pro bono for the AIRE Centre, intervening in a case about whether refugees in the UK's sovereign base areas in Cyprus have the right to enter the metropolitan UK (with Mike Fordham QC, Katie O'Byrne and Natasha Simonsen).

Natasha is instructed (led by Ben Jaffey QC) to act for Reprieve, David Davis MP and Dan Jarvis MP in an application for judicial review of the Government's decision not to order an independent judge-led inquiry into UK complicity into torture and rendition post 9/11.

Claims by Libyan/Moroccan family against MI5 and MI6 for complicity in their unlawful abduction in Thailand, rendition to Libya, detention and torture (assisting Ben Jaffey QC)

Claim concerning subordinated loans alleged to have been extinguished by operation of Russian law (assisting Andrew Green QC and Robert Weekes)

$800m+ claim in the BVI Commercial Court concerning a joint venture in relation to various power generation and distribution assets in Russia (assisting Pushpinder Saini QC and Robert Weekes)

Acted for the Defendant in a jurisdiction dispute on the applicability of the recast Brussels Regulation to flight compensation claims pursuant to EC Regulation 261/2004

Competition damages claim relating to the setting of interchange fees, including applicable law and limitation issues (assisting Kieron Beal QC and Tristan Jones)