Gemma White
- Called to Bar:
- 1994
- Practice areas:
- Degrees:
- LLB(London) (1st Class), Maîtrise en Droit Français (Paris I Pantheon-Sorbonne) (Mention Bien), BCL (Oxon)
- Languages:
-
French (fluent)
Spanish (working knowledge)
Gemma taught at both King's College London and at Wadham College Oxford. She acted as Seminar Leader in Criminal Law and Course Director in the Law of Evidence at Kings College between 1992 and 1994 and in addition tutored in Criminal Law at Wadham College in 1993 and 1994.
Gemma White is recognised by both the leading independent legal directories, The Legal 500 2009 and Chambers UK 2010, as a leading junior in education law.
Chambers UK 2010 comments, “she demonstrates ‘extraordinary dedication to the case and offers high-calibre advice’.”
Professional Experience
Junior Counsel to the Crown (B Panel)
Member of the Administrative Law Bar Association, the Education Law Association and Justice.
Public Law and Human Rights
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.
Gemma is a Tribunal Support Service volunteer for IPSEA (the Independent Panel for Special Education Advice) representing parents on appeals to the Special Educational Needs and Disability Tribunal.
Current and recent work
Secretary of State for the Home Department v Lord Alton of Liverpool and Others [2008] EWCA Civ 443
Second 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.
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.
R (Girling) v Secretary of State for the Home Department [2006] EWCA Civ 1779: [2007] QB 783
Appeared, with Michael Fordham QC, in the Court of Appeal on behalf of the Parole Board (as interested party) on an appeal from the decision of the Administrative Court concerning the Secretary of State’s power to give directions to the Parole Board under section 32(6) Criminal Justice Act 1991.
R (Brooke) v Parole Board [2007] EWHC 2036 (Admin); [2008] EWCA Civ 29.
Appeared, with Michael Fordham QC, on behalf of the Parole Board, on this application for judicial review, and appeal to the Court of Appeal, concerning the independence of the Parole Board and compliance with the requirements of Article 5(4) ECHR and the requirements of the common law.
Roberts v Parole Board and Secretary of State for Justice (No.2)
Representing the Parole Board led by Michael Fordham QC on this 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.
Onwuelo v General Medical Council [2006] EWHC 2739
Counsel for the GMC on a doctor’s statutory appeal against the GMC fitness to practice panel erasing his name from the medical register for dishonesty.
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.
R (Parents for Legal Action Limited) v Northumberland County Council [2006] EWHC 1081 (Admin); [2006] ELR 397
Appeared on this application for judicial review on behalf of the Claimant, a company formed by parents who were opposed to the Council’s decision to re-organise the system of schooling in Northumberland moving from a “three-tier system” (of first schools, middle schools and secondary schools) to a “two-tier” system (of primary and secondary schools).
R (Cleary) v Highbury Corner Magistrates’ Court [2006] EWHC 1869; (2007) 1 WLR 1272
Appeared on behalf of the Secretary of State for the Home Department, joined as an interested party to an application for judicial review of a closure order made by Highbury Corner Magistrates Court under the Antisocial Behaviour Act 2003. Claimant sought a declaration that the closure order regime was incompatible with Article 6 ECHR. Court rejected this claim and gave guidance about the conduct of closure order proceedings.
R (Errington) v Commissioner of Police for the Metropolis [2006] EWHC 115 (Admin)
Represented the Secretary of State for the Home Department, as interested party, on an application for judicial review relating to the jurisdiction of magistrates to make a closure order under the Anti-social Behaviour Act 2003.
R (Shreeve) v Secretary for the Home Department [2007] EWHC 2431 (Admin)
Acted for the Secretary of State for the Home Department on an application for judicial review brought by a prisoner against a disciplinary decision claiming, amongst other things, that his rights under Articles 6 and 9 ECHR had been infringed by the proceedings.
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.
Other cases
Woolgar v Chief Constable of Sussex Police [2000] 1 WLR 25 (CA)
Junior counsel for the UKCC supporting decision of police to disclose to the UKCC a tape recording of an interview with the claimant.
Howker v the Secretary of State for Work and Pensions and the Social Security Advisory Committee [2002] EWCA Civ 1623.
Junior counsel for Social Security Advisory Committee in a case concerning the legal consequences of the Secretary of State giving the Committee incorrect information.
R (on the application of Oxford Study Centre Ltd) v British Council [2001] EWCA 207 (Admin) [2001] ELR 803.
Counsel for the Oxford Study Centre on application for judicial review of the withdrawal of its accreditation by British Council. British Council not amenable to judicial review but case continuing as writ action and declaration granted.
AEM (Avon) Ltd v Bristol City Council [1999] LGR 93
Challenge to magistrate's decision to make liability orders against claimant in respect of its failure to repay to the council sums mistakenly refunded to him.
