Gemma White

Gemma has an extensive public law practice regularly acting for claimant companies and individuals as well as defendant bodies. Clients include government departments, the GMC, the LSC, local authorities, schools, regulators, individuals and action groups. Gemma has advised on and drafted applications to the European Court of Human Rights in Strasbourg and has dealt with a broad range of human rights issues in domestic proceedings.

Gemma has advised on a variety of issues relating to the obtaining and disclosing of information in breach of confidence and data protection principles and has advised on and acted in cases brought under the Freedom of Information Act 2000.

Gemma is recommended by the Legal 500 and Chambers UK as one of the leading education law juniors.  She has considerable expertise in the education sphere having acted in a wide range of cases from public law challenges and discrimination cases through to procurement issues and intellectual property claims. Gemma advises and has appeared on behalf of universities, students and academics in university disciplinary proceedings and advises upon complaints to the Office of the Independent Adjudicator.

General

• BPAS v Secretary of State for Health [2011] 235 (Admin); [2011] 3 All E.R. 1012
  Appeared on behalf of the Society for the Protection of Unborn Children intervening in proceedings brought by the British Pregnancy Advisory Service opposing BPAS’ claim for declaration in relation to the Abortion Act 1967 which would have enabled women to self-administer abortifacient drugs at home. 
• Carla Edwards v General Register Office [2010] EWHC 2380 (Fam)
  Instructed on behalf of the Attorney General intervening in proceedings brought by the claimant for a declaration of paternity in relation to her still born child.  The Court accepted the Attorney General’s submission that a failure to grant such a declaration would be a breach of Article 8 ECHR. 
• R (easyJet Airline Co Ltd) v Civil Aviation Authority [2009] EWCA Civ 1361; [2010] ACD 19
  Appeared with Michael Beloff QC on behalf of the CAA on an appeal by easyJet against the judgment of Collins J. The issue was whether Collins J was right to hold that the CAA had not acted procedurally unfairly in reaching its decision to determine maximum airport charges for airlines using Gatwick Airport.
• Export Credits Guarantee Department v (1) Friends of the Earth (2) Information Commissioner [2008] EWHC 638
  Appeared for ECGD on an appeal to the High Court from a decision of the Information Tribunal under the Freedom of Information Act 2000 and Environmental Information Regulations 2004.
• Secretary of State for the Home Department v Lord Alton of Liverpool and Others [2008] EWCA Civ 443
  Junior Counsel for the Secretary of State on an appeal to the Proscribed Organisations Appeal Commission against her decision refusing to deproscribe the People’s Mojaheddin of Iran under the provisions of the Terrorism Act 2000.

Prisons and Mental Health

• R (SP) v Secretary of State for Justice [2010] EWHC 1124; [2010] EWCA Civ 1590; [2011] MHLR 65
  Appeared for the Secretary of State for Justice resisting an application for judicial review of his decision to transfer the claimant from prison to a secure hospital for medical treatment. Appeared in the Court of Appeal successfully resisting the claimant’s appeal from Burnett J’s refusal of his application.
• R (London Secure Services Ltd) v Youth Justice Board for England and Wales [2009] EWHC 2347 (Admin)
  Appeared leading Naina Patel on behalf of the Youth Justice Board and Secretary of State for Justice resisting an application for judicial review of the Youth Justice Board’s decisions following a tender process relating to the provision of secure accommodation for children and young people. The claimants contended, amongst other things, that the Board’s decision in relation to the provision of secure accommodation breached children’s rights under Articles 2, 3 and 8 ECHR.
• R (P) v Secretary of State for Justice [2009] EWHC 2464 (Admin)
  Appeared for the Secretary of State for Justice resisting an application for judicial review of his decision to refuse to grant the claimant a period of trial leave from a high security hospital.
• R (X) v Secretary of State for Justice [2009] EWHC 2465 (Admin)
  Appeared for the Secretary of State resisting an application for judicial review of his decision to refuse to permit the claimant, detained in a secure hospital, escorted community access.

Parole Board

• R (Morales) v Parole Board and others [2011] EWHC 28 (Admin); [2011] 1 WLR 1095
  Appeared for the Parole Board on an application for judicial review which raised issues as to whether the Parole Board, lacking the power to enforce its procedural directions, could be considered to be a “court” for the purposes of Article 5(4) ECHR.  
• R (Roberts) v Parole Board and Secretary of State for Justice [2009] EWHC 2321 (Admin)
  Represented the Parole Board on application for judicial review concerning the fairness of the specially appointed advocate procedure adopted in Mr Roberts’ parole hearing following the decision of the House of Lords in R (Roberts) v Parole Board [2005] 2 AC 738. The procedure adopted was alleged by the Claimant to be in breach of his rights under Article 5(4) ECHR.  

Education

• R (B) v Brent LBC Independent Appeal Panel [2009] EWHC 1189 (Admin)
  Represented pupil on an appeal to the high court from a decision of an Independent Appeal Panel to uphold his school’s decision permanently to exclude him.
• Gemma undertakes a wide variety of work throughout the education sector acting for both claimants and defendants. This includes cases concerning the inclusion of non-conviction information on teachers’ CRB certificates, and the compatibility of the inclusion of this information with Article 8 ECHR, discrimination in education, complaints to the Office of the Independent Adjudicator and related High Court challenges, appeals against decisions on provision for special educational needs, school teachers pay and conditions, contract disputes between funding bodies and providers of education and acting as a member of independent appeal panels in relation to exclusion and admission decisions. 

Prisons and Mental Health

• R (Shreeve) v Secretary for the Home Department [2007] EWHC 2431 (Admin)

Parole Board

• R (Brooke) v Parole Board [2007] EWHC 2036 (Admin); [2008] EWCA Civ 29
• R (Girling) v Secretary of State for the Home Department [2006] EWCA Civ 1779: [2007] QB 783

Education

• R (Parents for Legal Action Limited) v Northumberland County Council [2006] EWHC 1081 (Admin); [2006] ELR 397

Gemma appears frequently on behalf of the General Medical Council in the high court, defending appeals from decisions of its fitness to practice panels, and resisting applications for termination of interim orders. She has also appeared before the Care Standards Tribunal, (now FTT - Care Standards), and advised on university disciplinary proceedings.

• Sulaiman v General Medical Council [2011] EWHC 1903 (Admin)
  Appeared for the GMC resisting an appeal by a doctor from a determination of a fitness to practice panel. The case concerned the manner in which the GMC conducts assessments of a practitioner’s professional performance.
• Karwal v General Medical Council [2011] EWHC 826 (Admin); (2011) 120 BMLR 71
  Appeared for the GMC resisting an appeal by a doctor from a decision of a fitness to practise panel at a review hearing suspending her registration. 
• Nooh v General Medical Council [2011] EWHC 359
  Appeared on behalf of the GMC resisting an appeal against his erasure from the medical register by a doctor found to have been dishonest. 
• Bradshaw v General Medical Council [2010] EWHC 1296 (Admin)
  Appeared for the GMC resisting an application to terminate order for interim suspension of a doctor accused of making false allegations, fabricating evidence and lying to a disciplinary hearing.
• Uruakpa v General Medical Council [2010] EWHC 1302 (Admin)
  Appeared for the GMC on an appeal by a doctor against a fitness to practice panel’s decision to suspend him from the medical register.
• R (Remedy UK Ltd) v General Medical Council [2010] EWHC 1245 (Admin)
  Appeared with Robert Englehart QC on behalf of the GMC defending an application for judicial review of its decision not to commence fitness to practise proceedings against the Chief Medical Officer for England, Sir Liam Donaldson.
• Sandler v General Medical Council [2010] EWHC 1029 (Admin); (2010) 114 BMLR 141
  Appeared for the GMC resisting an application to terminate an order for interim suspension of a doctor charged with offences under the Cremation Act 1902 in relation to the completion of cremation forma.
• Odes v General Medical Council [2010] EWHC 552 (Admin); (2010) 113 BMLR 139
  Appeared for the GMC on appeal by a doctor against his suspension from the medical register by a fitness to practice panel of the GMC.
• Sacha v General Medical Council [2009] EWHC 302 (Admin)
  Appeared for the GMC on an appeal by a doctor against the decision of a fitness to practise panel erasing him from the medical register. Case considered the principles of autrefois acquit, double jeopardy and abuse of process in the context of disciplinary proceedings following a criminal trial. 
• Sinha v General Medical Council [2009] EWHC 1732 (Admin)
  Appeared for the GMC on an appeal by a doctor against a decision of a fitness to practise panel erasing his name from the medical register following findings of sexual misconduct. 
• Abrahaeme v General Medical Council [2008] EWHC 183 (Admin)
  Counsel for the GMC on this doctor’s appeal against a decision of a fitness to practise panel imposing conditions on his registration.
• Appearances before the Care Standards Tribunal on behalf of the General Social Care Council resisting appeals from its decisions relating to the registration of social workers: Adu-Darko v General Social Care Council, Bankole v General Social Care Counci, Khan v General Social Care Council.
• Drafted written representations to the Bar Standards Board on behalf of a student who had been convicted of a criminal offence. 

• R (Cleary) v Highbury Corner Magistrates’ Court [2006] EWHC 1869; (2007) 1 WLR 1272
• R (Errington) v Commissioner of Police for the Metropolis [2006] EWHC 115 (Admin)
• Howker v the Secretary of State for Work and Pensions and the Social Security Advisory Committee [2002] EWCA Civ 1623.
• R (on the application of Oxford Study Centre Ltd) v British Council [2001] EWCA 207 (Admin) [2001] ELR 803.
• Woolgar v Chief Constable of Sussex Police [2000] 1 WLR 25 (CA)
• AEM (Avon) Ltd v Bristol City Council [1999] LGR 93

VAT registration number:  662451735