Hanif Mussa KC

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

Acting for a Claimant in a proposed judicial review of a decision to grant a subsidy to a competitor, under the Subsidy Control Act 2022 and the Trade and Cooperation Agreement, raising issues such as the proper forum for a challenge and the available grounds.

Acting successfully in the Court of Appeal and Administrative Court in judicial review proceedings concerning the monitoring and enforcement of obligations of sewerage companies in respect of discharges from wastewater treatment works.  

Successfully resisting, at first instance and on appeal, a claim for judicial review seeking to challenge decisions concerning the modification of the Government's approach to licensing the supplementary culling of badgers in the Next Steps for the Strategy for Achieving Bovine Tuberculosis Free Status for England. 

Acting successfully in a claim for judicial review concerning whether the omission to make further provision in legislation to assist blind and partially sighted voters in time for the general election in December 2019 breached human rights.

Acting in a claim for judicial review concerning the extent of the Secretary of State's obligations under the International Development Act 2002 to ensure that foreign aid is not misused.

Successfully resisting a claim for judicial review concerning the lawfulness of the withdrawal of regulatory accreditation granted to solar photovoltaic generating station, which enabled the station to claim renewable obligation certificates.

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 the Court of Appeal and Administrative Court in a claim concerning whether restrictions imposed by the Ivory Act 2018 in relation to the commercial trade in antique ivory products are compatible with EU law. The Supreme Court refused permission to appeal.

Acting for the Defendant in a challenge to the government's policy of licensing badger control in the Low Risk Area of England, as part of its efforts to combat TB in cattle.

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.

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.

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.

One of The Lawyer's Top 20 cases of 2018. Acting for Uber in its successful appeal against the decision of Transport for London to refuse to renew its London operator's licence.

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.

One of The Lawyer's Top 20 cases of 2017. Acting on behalf of Uber in challenges to a series of new regulations implemented by TfL, including those imposing a new English language requirement on private hire vehicle drivers and requiring Uber to provide a new telephone support facility. The new regulations were alleged to infringe rights to freedom of establishment and to give rise to racial discrimination.

Acting as sole counsel on behalf of the Claimant in a challenge by way of judicial review to the award of a provisional statement for the grant of a large casino licence.

Acting successfully on behalf of the Defendant in resisting a claim alleging an unlawful delay in enforcing the obligations of the operator of the Southern Rail network.

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.

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.

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.

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.

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.

Acting for Tottenham in two sets of judicial review proceedings challenging decisions to appoint West Ham as preferred bidder for the Olympic Stadium.

Acting for the CMA in a challenge under s.120 Enterprise Act 2002 to its decisions in respect of the proposed Microsoft/Activision merger.

Acting as the advocate for the Defendants in a five week trial in the Commercial Court of a follow on damages claim, arising from the European Commission's decision in respect of the LCD cartel. Hanif cross-examined a range of economic and financial experts.

Acting for a Claimant in a proposed judicial review of a decision to grant a subsidy to a competitor, under the Subsidy Control Act 2022 and the Trade and Cooperation Agreement, raising issues such as the proper forum for a challenge and the available grounds.

Acting for an interested party in a claim for judicial review concerning the CMA's determination of appeals against the RIIO-2 price controls. 

Acting for the Claimants in substantial follow-on damages claims brought in respect of the Trucks cartel, listed for a 17 week trial.

Acting for NGET and NGG in statutory appeals to the CMA against GEMA's decision to impose licence conditions reflecting its RIIO-2 price controls

Acting for a number of broadband providers in relation to Ofcom's Wholesale Fixed Telecoms Market Review 2021

Acting successfully in the Court of Appeal and Administrative Court in a claim concerning whether restrictions imposed by the Ivory Act 2018 in relation to the commercial trade in antique ivory products are compatible with EU law. The Supreme Court refused permission to appeal.

One of The Lawyer's Top 20 cases of 2017. Acting on behalf of Uber in challenges to a series of new regulations implemented by TfL, including those imposing a new English language requirement on private hire vehicle drivers and requiring Uber to provide a new telephone support facility. The new regulations were alleged to infringe rights to freedom of establishment and to give rise to racial discrimination.

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.

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.

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.

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.

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.

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.

Acting for Tottenham in a State Aid challenge relating to the decision to appoint West Ham as preferred bidder for the Olympic Stadium.

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.

One of The Lawyer's Top 20 cases of 2018. Acting for Uber in its successful appeal against the decision of Transport for London to refuse to renew its London operator's licence.

Acting for a number of Premier League football clubs in claims brought under policies of insurance for business interruption arising from the COVID-19 pandemic

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 for a range of banks in strategic group litigation before before the Financial Ombudsman Service and High Court concerning the lawfulness of interest rate variation provisions in standard variable rate mortgages.

Acting successfully for the Defendants in an application concerning the operation of the presumption that foreign law is materially the same as English law, and pleading requirements concerning the same. In light of the Supreme Court’s clarification of the nature and effect of the presumption in Brownlie v FS Cairo (Nile Plaza) LLC [2022] AC 995, Mr Justice Foxton accepted the Defendants' submission and declined to follow the reasoning of Mr Justice Andrew Baker in Iranian Offshore v Dean [2019] 1 WLR 82, and concluded that a party disputing the application of the presumption does not always need to plead that fact.

Acting for the Claimants in substantial follow-on damages claims brought in respect of the Trucks cartel, listed for a 17 week trial.

Acting in major commercial fraud proceedings concerning very substantial claims relating to a collective investment scheme.

Acting in interlocutory proceedings in the commercial court in respect of claims for the restitution of annual licence fees paid by mobile network operators to the telecommunications regulator.

Acting successfully for the defendants in a tort claim by 22 Peruvians regarding a protest at a mine in Peru which raised issues of foreign act of state, choice of law and corporate liability for the acts of the Peruvian National Police. The litigation 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.

Acting for the Defendant in a Part 8 claim raising the issue of whether commercial proceedings may be used to obtain a declaration relating to criminal liability.

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.

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.

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

Acting successfully for the Parole Board in resisting claims for judicial review concerning the compliance of its procedures adopted in response to the COVID-19 pandemic with Articles 5 and 14 ECHR.

Acting successfully in a claim for judicial review concerning whether the omission to make further provision in legislation to assist blind and partially sighted voters in time for the general election in December 2019 breached human rights.

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.

A project analysing the existing international legal protections for children during times of armed conflict, and in particular the regime governing child soldiers, with a view to presenting recommendations for reform to the United Nations.

A claim for judicial review brought by a long-term prisoner for breach of rights under Article 5(1) ECHR and Article 3 ECHR by reason of his failure to progress in his sentence and the conditions of his detention.

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.

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.

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.

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. 

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.

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. 

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.

Advising governments on obligations under UN Security Council Resolutions 1373 and 1472, and EC Regulation 2580/2001 concerning the imposition of anti-terrorism financial sanctions, and the relationship with international human rights and humanitarian law.

Advising a member State on the Articles of Agreement, By-Laws and Rules of the International Monetary Fund, in connection with proposals for a $10 billion package of aid proposals.

A project analysing the existing international legal protections for children during times of armed conflict, and in particular the regime governing child soldiers, with a view to presenting recommendations for reform to the United Nations.

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.

Acting on behalf of formerly detained Afghan nationals in proceedings concerning the relationship between obligations under Article 5 ECHR and international humanitarian law.

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. 

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.

Acting for a number of broadband providers in relation to Ofcom's Wholesale Fixed Telecoms Market Review 2021

Acting in interlocutory proceedings in the commercial court in respect of claims for the restitution of annual licence fees paid by mobile network operators to the telecommunications regulator.

Acting successfully for Ofcom in resisting an appeal to the Court of Appeal by H3G concerning the auction of licences for the use of 2.3 and 3.4 Ghz radio spectrum bands.

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.

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.

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 for a number of Premier League football clubs in claims brought under policies of insurance for business interruption arising from the COVID-19 pandemic

Acting for the FSCS in relation to claims for judicial review concerning its decisions not to award compensation in respect of alleged mortgage mis-selling claims.

Acting for an individual in relation to an investigation by the PRA concerning the failure of a bank

Acting for a range of banks in strategic group litigation before before the Financial Ombudsman Service and High Court concerning the lawfulness of interest rate variation provisions in standard variable rate mortgages.

Acting for a regulated provider of services in the pensions industry in a challenge to sanctions imposed by its regulator.

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.

Advising the former owners of British Home Stores in respect of a departmental select committee inquiry into the failure of BHS, and as to the implications for the BHS pensions scheme.

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.

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.

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. 

Acting on behalf of a bank being investigated by the Financial Services Authority for alleged breach of obligations in relation to money laundering.

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 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 successfully in the Court of Appeal and Administrative Court in judicial review proceedings concerning the monitoring and enforcement of obligations of sewerage companies in respect of discharges from wastewater treatment works.  

Successfully resisting, at first instance and on appeal, a claim for judicial review seeking to challenge decisions concerning the modification of the Government's approach to licensing the supplementary culling of badgers in the Next Steps for the Strategy for Achieving Bovine Tuberculosis Free Status for England. 

Successfully resisting a claim for judicial review concerning the lawfulness of the withdrawal of regulatory accreditation granted to solar photovoltaic generating station, which enabled the station to claim renewable obligation certificates.

Acting for the Defendant in a challenge to the government's policy of licensing badger control in the Low Risk Area of England, as part of its efforts to combat TB in cattle.

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.

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 in the Court of Appeal and Administrative Court in a claim concerning whether restrictions imposed by the Ivory Act 2018 in relation to the commercial trade in antique ivory products are compatible with EU law. The Supreme Court refused permission to appeal.

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.

Acting for an interested party in a claim for judicial review concerning the CMA's determination of appeals against the RIIO-2 price controls. 

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 for NGET and NGG in statutory appeals to the CMA against GEMA's decision to impose licence conditions reflecting its RIIO-2 price controls

Successfully resisting a claim for judicial review concerning the lawfulness of the withdrawal of regulatory accreditation granted to solar photovoltaic generating station, which enabled the station to claim renewable obligation certificates.

Acting successfully for the defendants in a tort claim by 22 Peruvians regarding a protest at a mine in Peru which raised issues of foreign act of state, choice of law and corporate liability for the acts of the Peruvian National Police. The litigation 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 Ofgem in the first appeals under the new statutory licence modification appeal process applicable to the UK energy 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.