“Exceptionally bright barrister, who is always thorough in her case preparation.”
Legal 500, 2019
“She is impressive in her responsiveness, clarity and commercial approach”
Legal 500, 2018
“She has strong attention to detail and an inclusive manner with clients”
Legal 500, 2016
“An impressive and approachable advocate, who provides clear, commercial advice.”
Legal 500, 2017
Sarah is a very experienced B Panellist, representing the government both as sole and junior counsel in a wide range of high profile judicial review cases. She has also developed a successful advisory practice in regulatory and disciplinary work, again advising individuals, government departments and regulators at the highest level. She is frequently led by Sir James Eadie QC in a wide range of cases in the High Court and Court of Appeal. Most of her time in 2017-18 was occupied with the fifth claim in the Chagos Islanders litigation (see first case summary below) which resulted in four separate judgments in the High Court and Court of Appeal in 2018-19. She was appointed to the Attorney General's B Panel of Counsel in 2015 and has developed specialisms in immigration, education and NHS law, whilst maintaining an employment law practice principally in discrimination, whistleblowing and employee competition. Before coming to the Bar, she was an academic historian and a Fellow of All Souls College, Oxford from 1996 to 2011.
Sarah Wilkinson has been described over the years by the Legal 500 as "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 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 and financial services. She has experience of both obtaining and resisting injunctive relief in restrictive covenant cases in both the QB and Chancery Divisions.
“Exceptionally bright barrister, who is always thorough in her case preparation.”
Legal 500, 2019
“She is impressive in her responsiveness, clarity and commercial approach”
Legal 500, 2018
“She has strong attention to detail and an inclusive manner with clients”
Legal 500, 2016
“An impressive and approachable advocate, who provides clear, commercial advice.”
Legal 500, 2017
Sarah advised on issues of procedural fairness in relation to the investigation of some of those involved in the Trojan Horse investigation.
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.
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).
Sarah was appointed to the Attorney-General’s B Panel of Counsel in September 2015, having previously been appointed to the C Panel in March 2008.
She is a busy and experienced B Panellist, advising individuals, government departments and regulators at the highest level, as sole counsel and as junior counsel. She has recently been led by Sir James Eadie QC, Kieron Beal QC, Sam Grodzinski QC, Steven Kovats QC, Alison Foster QC , Monica Carss-Frisk QC and Clive Sheldon QC. 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 has developed specialisms in immigration (particularly appellate work), unlawful detention, education and health care.
She regularly advises government departments on both litigation and policy. She has recently acted for the Departments of Education, Health, Justice and DEFRA and appeared with Clive Sheldon QC in the Supreme Court in 2017 for the Secretary of State for Health in R (on the application of Forge Care Homes Ltd) v Cardiff and Vale University Health Board [2017] UKSC 56, Times August 24 2017 which addressed the statutory funding formula for nursing in care homes.
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) .
Sarah is instructed as sole counsel for the Secretary of State for Health who is the Second Interested Party. The claim involves the statutory construction of the complex NHS contracting mechanisms for GP medical services.
Sarah is instructed as sole counsel for Ofsted in this claim against an Ofsted inspection of an independent school for special needs.
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.
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.
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 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.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.
Sarah advises in commercial cases for both claimants and defendants, including government departments, on a very wide range of issues including sale of goods, supply of services, unfair contract terms, negligence, breach of contract, breach of fiduciary duties, conversion and restitutionary remedies in a wide range of commercial settings. She has acted as sole counsel in multi-track trials and has appeared in summary judgment applications, applications for permission to appeal, a winding-up petition and in a petition for bankruptcy.
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
Sarah advises on a wide range of financial services issues, often through the prism of employment law.
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.
MA Oxon (Modern History) First Class; DPhil Oxon (Modern History); BA (Hons) Oxon (Jurisprudence) First Class
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.
She is a member of the ELAAS scheme and undertakes pro bono work through the Bar Pro Bono Unit and FRU.
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