Sarah Wilkinson

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.

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

with Monica Carss-Frisk QC

Sarah is 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. The hearing to determine permission to appeal to the Court of Appeal has been adjourned and the claim stayed pending a referral to other immigration mechanisms. 

Sarah is 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. 

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.

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.

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. 

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. 

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. 

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

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.

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. 

Advising Crown appointee on internal complaints investigation

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. 

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

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

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).

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

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. 

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.

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

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.

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.

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

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

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. 

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

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

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

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

Awaiting case management. 

Listed for 4 day hearing in September 2021

Listed for 7 day hearing in May 2021

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.

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

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.

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

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

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

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

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

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

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

Acted as HMRC devil for the winding-up list in Companies Court.

Advised on contractual and tortious remedies available to a provincial theatre in dispute with a public authority and agency.

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

Represented respondents in a multi-party dispute as to breach of covenant, and breach of directors’ duties  - case settled 

Advised an overseas regulator as to interpretation of stock exchange listing rules and application of local law to corporate sharedealings (with Javan Herberg QC).

Advised on potential mis-selling of pensions and redress under Ombudsman and FSA schemes.

In her first few years of practice, Sarah was heavily involved in a large investigation for the Financial Services Authority for two years working as a member of a team with other members of chambers.