Mona Bayoumi

Year of Call:

2004

“She is always thoroughly prepared, fully engaged and responsive”

The Legal 500

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Areas of Expertise

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Overview

Since joining Civitas Law in 2007, Mona has successfully developed a specialist practice in employment and public law. She has been ranked in the 2015 editions of The Legal 500 and Chambers UK Bar Guide directories for her extensive work in both of these areas. Mona also has an established personal injury practice representing both Claimants and Defendants in fast track and multi track matters.

Appointment and Memberships

In 2010 Mona was appointed to the Attorney General's Panel of Counsel and was subsequently appointed to the Welsh Government Panel of Counsel in 2012. During this time Mona has developed a profile of reported cases acting for various government departments including the Home Office and the Ministry of Justice.
Mona has a keen interest in matters relating to immigration and asylum as well as equality and human rights. Mona was appointed as a member of the Wales Committee of the Equality and Human Rights Commission and is a regular contributor on BBC Wales and ITV Wales where she often speaks about these and other matters. In addition, Mona is a member of the Cardiff Prevent Stakeholder Group which is tasked with the role of developing strategic objectives and projects within the community to tackle radicalisation and terrorism.
Mona is also an approved External Examiner for the Bar Council and provides bespoke training and seminars to various groups on matters relating to her specialist areas of practice.

Education

Howell’s School, Llandaff, Cardiff
Cardiff University
Bar Vocational Course, Cardiff University

Administrative and Public

Ranked in the Legal 500 2015 edition for her Public Law practice. She is described as 'her attention to detail and advocacy skills are second to none'

Since Mona has been appointed to the Regional Panel of Treasury Counsel in 2010, she has gained experience in acting for a number of government departments, defending different types of judicial review claims. In particular, she has acted for the Home office in Immigration and asylum claims and for the Department of Work and Pensions in claims brought against the Child Maintenance and Enforcement Commission. She has also represented the UKBA in a number of civil penalty appeal cases.

Education

Mona is able to advise and represent parents, pupils, schools, academies, institutes of further and higher education, students, teaching and academic staff and local authorities in a variety of education law matters.

In relation to schools and academies, Mona is able to advise on matters such as:

Appeals to the First-tier Tribunal (Special Educational Needs and Disability) (‘SEND Tribunal’) concerning statements of special education needs.
Education related disability discrimination claims at all levels, including but not limited to SEND Tribunal proceedings and Independent Review Panel proceedings (‘IRP’) within the context of school exclusions.
Upper Tribunal appeals arising from decisions of the SEND Tribunal.
Claims concerning all other forms of discrimination, for example in county court and employment tribunal proceedings.
Representation at school admissions and exclusion appeals before independent panels.
Advice and representation regarding judicial review proceedings, for example arising from decisions of local authorities or independent panels.
School complaints procedures.
Breach of contract claims concerning independent schools.
Negligence claims arising within an education context

In relation to further and higher education, Mona is able to advise on matters such as:

Representing students and universities in judicial review proceedings.
Providing advisory and drafting services for students in relation to appeals to the Office for the Independent Adjudicator for Higher Education (‘OIA’).
Providing advice and representation for students in internal university academic appeal hearings.
Advising students abroad on matters relating to immigration applications and visa requirements to study in the UK
Breach of contract claims concerning universities.
All forms of discrimination and equality issues.

Employment

Ranked in the 2015 editions of the Legal 500 and Chambers and Partners directories for employment work. Noted in the Legal 500 as ' she is always thoroughly prepared, fully engaged and responsive.’

Mona's extensive experience both in terms of Tribunal hearings and advisory work ranges includes claims involving:

Routine unlawful deduction of wages claims
Unfair dismissal claims (including cases involving dismissals relating to Public Interest Disclosure)
Constructive dismissal claims
Complaints on behalf of Trade Unions to the Tribunal where employers have failed to inform and consult appropriate representatives of affected employees of a TUPE transfer
Age Discrimination in relation to pension schemes
Sex discrimination and exercise of parental rights
Race Discrimination
Disability discrimination

Mona also has experience in dealing with claims brought under TUPE Regulations, including complex multi-Claimant litigation involving companies in liquidation and claims against the Department of Business Innovation and Skills, determining points on the extent of the Tribunal’s jurisdiction to hear claims, advising on merits in applications to extending time limits on just and equitable grounds, advising and conducting remedy hearings, including substantial claims involving pension loss calculations

Mona has also sat as the Legal Advisor for the Police Disciplinary Panel of Gwent Police as well as providing advice to other public bodies regarding internal disciplinary matters.

Mona was noted in the Legal 500 for 2012 and 2014 as “highly recommended” for employment work

Mona also regularly deliver seminars and training sessions to HR professionals and solicitors in various areas of Employment law, with a particular emphasis on discrimination issues to key stakeholders such as the Police, local charities, the Law Society, the EHRC, and organisations such as “Show Racism the Red Card”. Recent examples include the following:

Training workshop for HR professionals on Employment Tribunal procedures

Advanced Employment Law Seminar on the impact of the seminal case of Eweida on the conflict between Employers’ health and safety policies and individuals’ rights to wear religious clothing and symbols
Seminar on the development of the Equality Act 2010 in practice
Seminar on the significance of the Public Sector Equality Duties

Member of the ELA and ELBA

Immigration, Asylum and Nationality

Mona has a keen interest in asylum and immigration law and have developed a practice involving complex issues surrounding the grant of asylum and/or humanitarian protection (including cases involving the Detained Fast Track process) as well as cases involving the application of the immigration rules. Mona has also conducted a number of cases covering asylum appeals, appeals against entry clearance officer decisions in relation to settlement of children and other family members. Mona also advises companies regarding their duties and responsibilities in ensuring they have policies in place to safeguard against illegal working.

Mona regularly advises local authorities and organisations such as the Equality and Human Rights Commission on the applicability of various legislative provisions including matters such as the extent of the Welsh Assembly Government’s devolved powers under the Government of Wales Act 2006 as well as matters relating to housing legislation

She has gained some experience in applications in the Court of Protection regarding health and personal welfare. She also has had involvement in cases where the mental capacity of the individual has been called into question and has had to advise on the necessary procedure by which to ascertain capacity and the involvement of the Official Solicitor. This is an area that she is keen to build upon.

Mona also has extensive experience in all aspects of equality and human rights. She regularly advises both claimants and defendants (including local authorities) in matters relating to rights and duties under the Equality Act 2010 and the Human Rights Act. Mona has regularly provided training seminars for the Law Society, as well as the Solicitors’ Group and Solicitors Local Government Conference.

Mona has a wide range of experience acting for both the Local Authority and Defendants in a broad range of regulatory matters in both the Magistrates' and Crown Courts. Such experience includes matters relating to consumer protection including cases under the Trade Descriptions Act, Trade Marks Act and Product Safety Regulations, as well as benefit fraud, environmental protection, planning, licensing, including underage alcohol sales, appeals against licensing committee decisions, and offences committed in breach of taxi licensing laws, Anti-social Behaviour Orders and Proceeds of Crime Act applications

Mona regularly represents the Department for Business Innovation and Skills in applications for disqualification of directors under Company Directors Disqualification Act 1986

Cases

R (on the application of H) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2015) [2015] EWHC 377 (Admin) The case involved whether the detention and eventual removal of an Afghan asylum seeker on the Detained Fast Track process was unlawful. The case was the first decision following the Court of Appeal judgment in the Detention Action group litigation.
R (on the application of ELIZABETH KAREN BALDWIN (NEE MCINTYRE)) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2014) EWHC 1604 (Admin) The Secretary of State for the Home Department had not erred in law in the way she dealt with an application for leave to remain. The application had not been "accompanied by the specified fee" for the purposes of the Immigration and Nationality (Fees) Regulations 2012, and she had not acted unlawfully in declining to make a removal decision at the same time as refusing leave to remain.
THOMAS & DAVIES (MERTHYR TYDFIL) LTD v SUSAN JENNIFER DENLY (VALUATION OFFICER) (2014) UKUT 14 Determination on the question of works being carried out to a car showroom and associated premises were held to be in the nature of repairs rather than improvements, for the purposes of the Local Government Finance Act 1988 Sch.6 para.2(1) and therefore the relevant rates applied.
R (on the application of HS & ORS) v UPPER TRIBUNAL (IMMIGRATION AND ASYLUM CHAMBER) & SECRETARY OF STATE FOR THE HOME DEPARTMENT (2012) In R. (on the application of Cart) v Upper Tribunal [2011] UKSC 28, [2012] 1 A.C. 663, the Supreme Court had decided that, at the permission stage, the court was to decide whether the second-tier appeals criteria were satisfied, and not whether it was arguable that they would be satisfied at the substantive hearing; therefore, if permission was granted on that basis, the permission test was spent and was no longer the test to be applied at the substantive hearing.

Inquests and Inquiries

Mona has experience in acting on behalf of the parties involved in an inquest, including representing various State Authorities such as the Ministry of Justice and the Home Office. Mona’s experience includes appearing before a Coroner alone or accompanied by a Jury. Mona is also able to advise parties including bereaved families and state authorities on potential civil claims following inquests.

Recent examples of inquests Mona has appeared in include representing the Ministry of Justice following a prisoner committing suicide during his induction period in prison. The issues before the Coroner included consideration of matters such as the reception process in prison, and how information regarding possible risk factors and previous incidents of self-harm are shared between the police and prison staff. Mona has also recently represented the Home Office in an inquest following the death of a failed asylum seeker who had been released from immigration detention. The issues there were assessing the Home Office’s policy on the dispersal of asylum seekers and the treatment of asylum seekers with mental health difficulties.

Mona is able to advise and represent parties in relation to the following matters:

Advising and representing families of the deceased
Article 2 Hearings
Deaths at work and following breaches of health and safety legislation
Deaths following road traffic accidents
Deaths following industrial disease
Deaths in custody – police, prison and immigration detention
Deaths in hospital and following potential medical negligence
Advising and representing parties in potential civil claims following inquests

Personal Injury

Mona has a significant personal injury practice representing both claimants and Defendants in fast track and mutilate track matters. Her practice includes includes road traffic matters, occupier’s liability and employer’s liability including stress at work claims.

Since being appointed to the Regional Panel of Treasury Counsel in 2010, Mona has acted in a number of interesting personal injury actions, including claims brought against the Ministry of Justice, the Ministry of Defence and the DVLA.

Mona has also expanded her practice into occupational disease work with a specialist interest in Noise Induced Hearing Loss claims. Mona has recently had experience with cases on behalf of the Ministry of Defence involving complex limitation and causation arguments.

Mona had also appeared regularly in the Coroner’s court representing the Ministry of Justice and the Home Department in complex inquests following deaths in custody.

Since being appointed to the Regional Panel of Treasury Counsel in 2010, Mona has also developed experience of acting for the Board as well as for Claimants, under the Criminal Injuries Compensation Scheme.

Mona also has considerable experience in advisory work, settling pleadings, including schedules of special damages and counter schedules and her advocacy experience includes the High Court.

Member of PIBA