Sarah is a very experienced public law practitioner who has represented the government both as sole and junior counsel in a wide range of high profile judicial review cases and has acted as amicus to the High Court and Court of Appeal on test cases regarding injunctive restraint of protestors. Following a sabbatical in 2021-22 in which she trained as a teacher and obtained a PGCE, she has focused increasingly on education issues, advising and representing regulators, individuals and employers. She has a particular interest in special educational needs and EHCP provision in primary schools. Alongside this, Sarah maintains a broad practice in regulatory and disciplinary work, advising individuals, government departments and regulators at the highest level. She is frequently led in a wide range of cases in the High Court, Court of Appeal and Supreme Court. Most of her time in 2017-18 was occupied with the fifth claim in the Chagos Islanders litigation which resulted in four separate judgments in the High Court and Court of Appeal in 2018-19. Before coming to the Bar, she was an academic historian and a Fellow of All Souls College, Oxford from 1996 to 2011.

    Sarah is ranked as a leading junior for public and employment law in one of the leading independent legal directories, Legal 500. Recent comments include:

    • "An excellent public law junior with great drafting skills and fantastic attention to detail. An accomplished advocate who holds her own against far more senior silks." - Legal 500, 2023
    • "Exceptionally intelligent, strategically wise, and a strong advocate."- Legal 500, 2023

    Previous comments include: 

    • "Very user-friendly, accessible and strong intellect."- Legal 500
    • "Hugely intelligent and determined, and spot-on strategically."- Legal 500

    Experience

    Shortlist

    Public & Regulatory

    Sarah acted as amicus to the Court of Appeal in a case concerning injunctive relief against protestors: Canada Goose Retail Ltd v Persons Unknown [2020] EWCA Civ 303 and a linked case in the High Court: Barking and Dagenham LBC v Persons Unknown [2021] EWHC 1201 (QB).

    Sarah has advised individuals, government departments and regulators at the highest level, as sole counsel and as junior counsel.

    As a Panel member from 2008 to 2020, she regularly advised government departments on both litigation and policy. She has recently acted for the Home Office, Departments of Education, Health, Justice and DEFRA and has appeared in the High Court, Court of Appeal as sole counsel and as a junior in two Supreme Court cases.

    In the education sphere, she has represented Ofsted and has advised the Office for Students, the Education and Skills Funding Agency and the NAHT with regard to employment issues. During the pandemic, she has been instructed in relation to regulatory complaints and challenges for summer 2020 A Level grades. 

    She has advised and represented a wide range of regulatory bodies from policing to energy and transport.

    She also acts for Claimants and was instructed as junior counsel in a successful challenge to an Ofgem decision in 2018-19; R (Gwynt-y-Mor Offshore Wind Farm Ltd) v Gas and Electricity Markets Authority [2019] EWHC 654 (Admin).

    She spent much of 2017-9 acting for the Foreign Office in the most recent challenge to UK policy in the Chagos Islands which required her to obtain security clearance and involved an extremely complicated disclosure exercise involving  public interest immunity applications and cross-Whitehall liaison. 



    “She gets on very well with clients and is very good in a team.”

    Legal 500, 2021

    “Sarah is a very hard working barrister, with a quick and incisive mind and excellent judgment.”

    Legal 500, 2021

    “She knows what will play well with a Court.”

    Legal 500, 2021

    “Her written work is top notch.”

    Legal 500, 2021

    Cases

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    List view

    • Barking & Dagenham and others v Persons Unknown and others[2021] 1201 QB

      The High Court ruled that several borough-wide blanket bans on Traveller and Gypsy encampments on council property were unlawfully made, giving important guidance as to the procedure and principles for obtaining interim and final injunctions against Persons Unknown. Sarah was appointed as Advocate to the Court. She was appointed to the same role in a protestor rights case in the Court of Appeal last year which involved many of the same issues; Canada Goose UK Ltd v Persons Unknown [2020] 1 WLR 2802.

    • Canada Goose UK Retail Ltd v Persons Unknown[2020] EWCA Civ 303, [2020] 1 WLR 2802, [2020] 4 All ER 575

      Sarah was instructed as Advocate to the Court in an appeal against the types of injunctions available against 'persons unknown' to restrain protests. The Court of Appeal gave guidance on the tests to be applied in such cases.

    • R (National Fostering Agency) v Ofsted2019-20

      Sarah was instructed as sole counsel for Ofsted in this susbtantive judicial review claim against an Ofsted inspection decision. Case settled at the beginning of lockdown. 

    • R (Edith Eneanya-Bonito) v Ofsted2019

      Sarah was sole counsel for Ofsted in this unsuccessful application for permission to bring a judicial review claim against an Ofsted inspection of an independent school for special needs. Permission to appeal was refused.

    • R (SSP Ltd) v NHS LA and others[2019] EWHC 3291 (Admin)

      Sarah was instructed as sole counsel for the Secretary of State for Health, as the Second Interested Party. The claim involved the statutory construction of the complex NHS contracting mechanisms for GP medical services. 

    • R (Good Law Project) v Secretary of State for Health and Social Care[2019] EWCA Civ 1211

      Sarah was instructed as junior counsel, led by Sir James Eadie QC, for the Secretary of State in this challenge brought by a crowd-funded NGO against regulations made by the Department of Health to manage drugs in the event of Brexit or any other shortage. 

    • R (Bancoult) v Secretary of State for the Foreign and Commonwealth Office[2019] EWHC 221 (Admin)

      From 2017 to early 2019, Sarah's work was  almost entirely focused on this fifth judicial review challenge to UK policy in the Chagos Islands. She is the senior junior in a team of barristers inside and outside Blackstone managing an enormous and complex disclosure exercise across multiple government departments. This challenge involves issues of public interest immunity and the use of special advocates and required Sarah to obtain security clearance. Sarah has also acted a sole counsel for the Foreign Office in one of the interim hearings. The case has so far resulted in four judgments:

      [2019] EWCA Civ 1254  - led by Sir James Eadie QC. Permission to appeal to the Court of Appeal hearing. 

      [2019] EWHC 221 (Admin) (substantive 5 day hearing); led by Sir James Eadie QC

      [2018] EWHC 1508 (Admin) – interim judgment; led by Kieron Beal QC

      [2018] EWHC 1282 (Admin) – sole counsel in emergency CMC and costs application

    • R (Gwynt-y-Mor Offshore Wind Farm Limited) v Ofgem[2019] EWHC 654 (Admin)

      Sarah was instructed as junior counsel, led by Sam Grodzinski QC, to the Claimant in this commercial and regulatory JR involving a challenge to the charging methodologies for offshore wind farm operators and developers in the event of under sea cable failures.The Claimant succceeded in its challenge.

    • Advising Crown appointee on internal complaints investigation

      Advising Crown appointee on internal complaints investigation

      Sarah was initially instructed as sole counsel and then as junior to Alison Foster QC in this case involving an internal investigation into complaints about the regulatory process. It has involved difficult issues of evidential weight and procedural fairness.

    • Advising regulatory body in relation to complaint received about award of status2019

      Sarah was instructed as junior counsel, led by Monica Carss-Frisk QC, to the regulator to draft a pre-action protocol response letter. The issues involved statutory construction and application of the regulatory body’s guidance policies. 

    • R (on the application of Forge Care Homes Limited) v Cardiff and Vale University Health Board[2017] UKSC 56, Times August 24 2017

      Acted for the Secretary of State for Health as intervenor in this appeal against the methodology for the funding of nursing in care homes based on the statutory interpretation of primary and secondary legislation (with Clive Sheldon QC).

    • R (on the application of the Pharmaceutical Services Negotiating Committee) v Secretary of State for Health[2017] EWHC 1147 (Admin)

      Sarah was part of the team acting for the Secretary of State in resisting a challenge to proposed changes to the public funding of pharmacies, involving issues relating to consultation and procedural fairness (with James Eadie QC, Iain Steele, Tom Cleaver).

    • Miller v MoJ

      Claim for damages under Article 5 ECHR for lack of provision of overnight resettlement accommodation. Case settled just before hearing, November 2020.

    • Advising in relation to statutory powers of regulator and Secretary of StateNovember 2020

      with Monica Carss-Frisk QC

    • R (AB) India v Secretary of State for the Home Department

      Sarah was instructed as sole counsel for the Secretary of State in this  appeal against a refusal of leave in circumstances which involved potential issues of modern slavery. 

    • AS (Sri Lanka) v Secretary of State for the Home Department

      Sarah was instructed as sole counsel for the Secretary of State in this appeal which addresses the nature of proportionality claims for Article 8 cases outside the Immigration Rules where the applicant has committed a criminal offence. 

    • Independent counsel for Competitions and Market Authority2019

      Sarah has been instructed as independent counsel to the CMA inn an investigation into anti-competitive pricing in the pharmaceutical industry. Her role is to adjudicate claims for legal professional privilege on disclosure seized by the CMA during their investigation. This involves highly detailed scrutiny of a large number of documents, together with process management and liaison and adjudication of competing claims. 

    • NI (Nigeria) v Secretary of State for the Home Department2019

      Sarah was instructed as sole counsel for the Secretary of State in this appeal  against a refusal of leave for a claimant who had committed an offence with a sentence of 12 months.

      Case was settled after advice on complex procedural issues before the Court of Appeal hearing

    • R (GBGA) v HMRC and HMT[2015] EWHC 1863 (Admin), [2016] STC 151, [2015] LLR 829

      Sarah acted for HMRC in this case concerning the application of Article 56 TFEU to internal taxation regimes and the constitutional status of Gibraltar in Article 56 disputes (with Kieron Beal QC). It was subsequently referred to the CJEU, Case C-591/15: Judgment of the Court (Grand Chamber) of 13 June 2017 (request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) - United Kingdom) - The Queen, on the application of: The Gibraltar Betting and Gaming Association Limited v Commissioners for Her Majesty's Revenue and Customs, Her Majesty's Treasury OJ 2017 C277/7.

    • R (on the application of Oxford Aviation Services Ltd and others) v (1) Secretary of State for Defence (2) Civil Aviation Authority (3) Secretary of State for Transport[2015] EWHC 24 (Admin)

      Acted for the Civil Aviation Authority in a judicial review concerning civil flights to RAF Northolt.

    • AY and SA v Secretary of State for Work and Pensions[2017] UKUT 80 (AAC), 2 February 2017

      Sarah acted for the Secretary of State in two claims relating to the treatment of epilepsy, independent travel and chronic pain in applications for Employment Support Allowance. 

    • CJ (Dominica) v Secretary of State for the Home Department[2014] EWCA Civ 1355

      Appeared as sole Counsel for the Defendant and successfully defended this appeal concerning the adequacy of reasons in an automatic deportation case in the Court of Appeal.

    • Immigration advice for the Home Office

      Throughout 2018, Sarah has continued to advise the Home Office regularly on immigration issues, particularly on the merits of appeals and in cases involving the deportation of foreign criminals

    • Article 6 ECHR and EU DirectiveSummer 2017

      Sarah advised a corporate client on Article 6 ECHR issues in the context of proceedings challenging an EU Directive (with Michael Fordham QC).

    • NS v Secretary of State for Work and Pensions[2014] UKUT 149 (AAC)

      Acted for the DWP on construction of Employment and Support Allowance. 

      Sarah has also been instructed on two forthcoming cases on similar issues in September 2016.

    • Ongoing review work for regulatory bodies

      Sarah regularly review reports and procedures for regulatory bodies and advises on investigations and disciplinary proceedings. 

    • Ongoing immigration claims

      Sarah regularly acts for the government in substantive judicial review and in permission proceedings in the Upper Tribunal and Administrative Court in immigration cases. Sarah was recently involved in two section  55 (best interests of the child) claims in the Court of Appeal, which settled. 

    • False imprisonment and unlawful detention casesOngoing

      Advising Home Office on false imprisonment and unlawful detention cases in an immigration context (particularly with a mental health element).

    • Ongoing claims relating to prisoner rights to training & security categorisations

      Sarah regularly advises the Home Office in judicial review proceedings regarding prisoners rights to training and rehabilitation programmes and security categorisations.

    • Public procurement adviceSpring 2013

      Advised a government department on issues of public procurement with Michael Beloff QC.

    • Overseas regulatory body: advice on procedures for hearing disciplinary cases

      With Lord Pannick QC, Sarah advised an overseas professional regulatory body as to its procedures for hearing disciplinary cases.

    Shortlist

    Education

    Sarah spent 2021-22 qualifying as a primary school teacher and obtaining a PGCE. She particularly enjoys working with children with special education needs and is passionate about developing history subject knowledge at primary level. She volunteers regularly with the Guy Fox History Project: https://www.guyfox.org.uk/ delivering history and art based workshops in London primary schools.

    Sarah has represented Ofsted and has advised the Office for Students, the Education and Skills Funding Agency and the NAHT with regard to employment issues. Recently, she has been instructed in relation to regulatory complaints and challenges for summer 2020 A Level grades. She is developing her practice in the First Tier Tribunal (Special Educational Needs and Disability), using her classroom experience to work as co-operatively as possible to optimise outcomes for children in need.

    Cases

    Grid view
    List view

    • R (National Fostering Agency) v Ofsted2019-20

      Sarah was instructed as sole counsel for Ofsted in this susbtantive judicial review claim against an Ofsted inspection decision. Case settled at the beginning of lockdown. 

    • R (Edith Eneanya-Bonito) v Ofsted2019

      Sarah was sole counsel for Ofsted in this unsuccessful application for permission to bring a judicial review claim against an Ofsted inspection of an independent school for special needs. Permission to appeal was refused.

    • Advising in relation to the Trojan Horse investigationSummer 2017

      Sarah advised on issues of procedural fairness in relation to the investigation of some of those involved in the Trojan Horse investigation.

    • Advising on contract between parents and an independent schoolJanuary 2013

      Advised on the interpretation of a contract between parents and a private school.

    Shortlist

    Employment

    Sarah has been described over the years by the Legal 500 as "exceptionally intelligent, strategically wise and a strong advocate" (2023), an exceptionally bright barrister" (2019) "an impressive and approachable advocate, who provides clear, commercial advice" (2018), "impressive and approachable" (2017) .  Chambers and Partners described her as "extremely bright" and “a popular choice for discrimination cases” (2012), as " also “a barrister with real potential” (2010) and  as “extremely bright and able to assimilate document-heavy cases with apparent ease” (2009).

    Sarah has enjoyed a wide-ranging employment law practice including all forms of employee competition law, discrimination, unfair dismissal, protection from harassment, unlawful deductions from wages, equal pay, fixed term workers regulations, part time workers regulations and whistleblowing. She acts for both claimants and respondents and has a particular interest in cases involving discrimination, financial services and education. She has experience of both obtaining and resisting injunctive relief in restrictive covenant cases in both the QB and Chancery Divisions. 

    “Exceptionally intelligent, strategically wise, and a strong advocate.”

    Legal 500, 2023

    “Very user-friendly, accessible and strong intellect.”

    Legal 500, 2022

    “Hugely intelligent and determined, and spot-on strategically.”

    Legal 500, 2021

    “Exceptionally bright barrister, who is always thorough in her case preparation.”

    Legal 500, 2020

    “She is impressive in her responsiveness, clarity and commercial approach”

    Legal 500, 2018

    “An impressive and approachable advocate, who provides clear, commercial advice.”

    Legal 500, 2017

    “She has strong attention to detail and an inclusive manner with clients”

    Legal 500, 2016

    Cases

    Grid view
    List view

    • Advising in relation to the Trojan Horse investigationSummer 2017

      Sarah advised on issues of procedural fairness in relation to the investigation of some of those involved in the Trojan Horse investigation.

    • Nolan v United States of America[2015] UKSC 63, [2016] AC 463, [2015] 3 WLR 1105, [2016] CMLR 42, [2015] ICR 1347

      Appointed as amicus to the Supreme Court on the application of section 188 TULRCA to visiting forces in the UK, (with Michael Beloff QC), involving complex questions of statutory interpretation and state immunity.

    • Mr. J Abboushi v EuropeArab Bank PlcMay 2016

      Sole counsel for the Respondent in a 6 day unfair dismissal case involving private banking practice and contested expert evidence.

    • First Rate v Trading By Telephone[2014] EWHC 983 (QB) and [2014] EWHC 2386

      Represented seven Defendants in a High Court restrictive covenant injunction case involving foreign exchange.

    • Instructed as sole counsel in high value finance sector unfair dismissal and age discrimination case2020

      Awaiting case management. 

    • Sole counsel in maternity discrimination and redundancy claim in the hospitality sector2020

      Listed for 4 day hearing in September 2021

    • Instructed as sole counsel for Respondent in a high value international race discrimination case2020

    • Interim injunctions to enforce non-compete clausesMay 2016 - present

      Sarah regularly advises potential defendants to an interim injunction application on the enforceability of non-compete clauses. She also advises Claimants which to make applications for interim relief.

    • City whistleblowing and constructive unfair dismissal - brokerage2015-2016

      Acting for a claimant in a high value City whistleblowing and constructive unfair dismissal claim (with Jane Mulcahy QC).

    • City whistleblowing case - asset managementAutumn 2014 – May 2015

      Acted for Claimants in a very high value City whistleblowing case (with Tom Croxford). Case settled on first day of hearing.

    • City disability discrimination - asset management2013

      Acting for Claimant in a high value City disability discrimination and victimisation claim - settled on first day of tribunal.

    • Disability discrimination & unfair dismissal - teaching2014-15

      Representing a claimant teacher in an Employment Tribunal claim for disability discrimination and unfair dismissal. Case settled on first day of hearing. 

    • Pro bono whistleblowing claim - care home

      Won appeal for pro bono client in EAT on whistleblowing in a care home setting (through ELAAS and FRU schemes).

    Achievements

    Education

    MA Oxon (Modern History) First Class; DPhil Oxon (Modern History); BA (Hons) Oxon (Jurisprudence) First Class; PGCE

    Prizes & Scholarships

    • Fellowship by Examination, All Souls College, Oxford, 1996-2003
    • £50 Fellow, All Souls College, Oxford, 2004-2011
    • Wronker Prize for Administrative Law (Oxon)
    • Bedingfield and Arden Scholarships, Gray’s Inn


    Publications

    • ‘Queues and Consultation: fairness and market power at the London Metal Exchange’ Butterworth’s Journal of International Banking and Finance Law 2015 30(1) 25-27.
    • With Robert Howe QC, Diya Sen Gupta and Simon Pritchard, chapter 3 'Confidentiality' in Employee Competition (2nd edition 2011 and 3rd ed., forthcoming OUP 2015). 
    • With other authors in chambers and from Baker & Mackenzie LLP, Tolley's Discrimination in Employment Law Handbook (2008 and 2nd ed., 2011). 
    • With Tom Beazley QC and Javan Herberg, ‘Financial Services Investigations’ in Montgomery & Omerod (eds.) Fraud: Criminal Law and Procedure (OUP, 2008).
    • With Gemma White and Robert Weekes, Pre-Action Procedure and (alone) Procedural Table for Judicial Review Claims in Lang (ed.), Administrative Court: Practice and Procedure (Sweet and Maxwell, 2006).
    • Sarah edited the UK case section of Sweet & Maxwell’s ‘Human Rights Alerter’ from 2005-2008.
    • Focus on Article 1 ECHR in Judicial Review (December 2004)
    • The concept of the state in Britain, 1880-1939 in Modernism: a concise companion (ed.) David Bradshaw (Blackwell, 2003) 

    Membership 

    • ELA
    • ELBA
    • ALBA
    • Historical Association

    Selected Earlier Reported Cases

    Employment

    • Obtained injunctive relief for Respondents in technology-based employee competition case involving database rights (Summer 2013).
    • High value claim for constructive dismissal (Spring 2013).
    • Representing Claimant in a case for contractual sick pay (Spring 2013).
    • High value disability discrimination case involving duty to make reasonable adjustments which settled after judicial mediation (Summer/Autumn 2012).
    • High value sex and pregnancy discrimination case in a City context (Summer/Autumn 2012).
    • Pregnancy discrimination and constructive unfair dismissal case involving transitional provisions under the Equality Act 2010 (Spring 2011).
    • Pervez v Macquarie Group Limited UKEAT/2205232/2009, [2011] I.C.R. 266; [2011] I.R.L.R. 284.
    • Age discrimination and constructive unfair dismissal case for a firm of solicitors (2010-2011).
    • Sex discrimination and discrimination for a pregnancy-related reason for a TV production company. Case settled (2010).
    • Mulugueta v Xerox Ltd (2009).
    • Parmar v Eli Lilly & Co Ltd (2009).
    • Maynard v Canalside Housing Association (2009).
    • High value whistleblowing and collective redundancy claim against a leading American investment bank. Case settled, (2008).
    • Libby Assassi v University of Sussex (2008)
    • Force One Utilities Ltd v Mr. K. Hatfield  UKEAT/0048/08 (2008)
    • Miss T Agu v ROC UK Limited UKEAT/0325/07/LA (2008)
    • Reichell v Frost v Sullivan Ltd (2008).
    • High value City whistleblowing case for Claimant. Settled. (2007) (with Tom Croxford).
    • High value sex discrimination case on behalf of a venture capital house (2007) (with Tom Croxford). 
    • In November 2007, she provided advocacy training for the Employment Lawyers 
    • Colin Wellicome v Service Underwriting Management Limited (2007)
    • McNally v Commissioner for Metropolitan Police (2007)
    • Nzeribe v World Duty Free (2007)
    • Langley and Carter v Burlo [2007] ICR 390

    Public & Regulatory

    • Advised on human rights aspects of bringing a stay in criminal proceedings in the Cayman Islands. (2010)
    • R (on the application of easyJet Airline Co. Ltd) v Civil Aviation Authority [2009] EWHC 1422 (Admin)
    • R (on the application of Primary Health Investment Properties Ltd) v Secretary of State for Health) [2009] EWHC 519 (Admin)
    • Ogunbemile v Secretary of State for the Home Department (2008)
    • R (Brown) v (1) Department for Secretary of State for Work and Pensions (2) Secretary of State for Business, Enterprise and Regulatory Reform and (3) The Royal Mail Group Ltd (2008)
    • On constitutional issues, Sarah was instructed with Jeffrey Jowell QC in a series of judicial review actions in Malawi, considering the alleged constructive resignation of the Vice President.
    • Hoyte v Information Commissioner EA/2007/0101
    • R (Islamic Human Rights Commission) v Secretary of State for Foreign and Commonwealth Affairs and others [2006] EWHC 2465 Admin.

    Commercial

    • Wigan Athletic Football Club v Greater Manchester Police [2007] EWHC 3095 (Ch)
    • Junior counsel to Adam Lewis QC of Blackstone Chambers in Wigan Athletic’s challenge to statutory charges levied by Greater Manchester Police in a case which spanned both private and public law issues in a two-week trial in the Chancery Division followed by a successful appeal to the Court of Appeal [2008] EWCA Civ 1449 [2009] 1 WLR 1580. 
    • Two high value civil fraud cases as junior obtaining freezing injunctions and search orders in relation to breach of fiduciary duty, deceit, breach of contract and conversion (with Tony Peto QC). 
    • McShane v Polynesian Adventure Tours Ltd (2009)
    • Daffyd Ellis v Alfred McAlpine (2009)
    • Universal Leasing v The Wedding Planner (2008)
    • Lombard North Central Plc v Mercer (2006)
    • Lombard North Central Plc v Lewis (2006)

    Other Relevant Information

    Sarah was a Fellow of All Souls College, Oxford from 1996-2003 and from 2004-June 2011. Before coming to the Bar, she completed a doctorate entitled ‘Perceptions of Public Opinion. British Foreign Policy Decisions about Nazi Germany’ in 2000 and taught British and European twentieth century history at the universities of Oxford and Reading. In 2021-22, she taught years 6, 4 and 1 in primary schools in Oxford as part of a school-centred initial teacher training course, obtaining Qualified Teacher Status in December 2022 and a PGCE simultaneously before returning to the Bar in January 2023.

    She is a member of the ELAAS scheme and undertakes pro bono work through Advocate.

    News

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