Gary Oliver
Senior Clerk
+44 (0) 207 822 7325
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. Recent work has focused on professional discipline in the public arena and on a major independent investigation for the Archbishops' Council of the Church of England.
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:
Previous comments include:
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
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.
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 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 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 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.
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.
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 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).
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 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.
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.
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.
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
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.
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.
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.
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
Sarah advised a corporate client on Article 6 ECHR issues in the context of proceedings challenging an EU Directive (with Michael Fordham QC).
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 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 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.
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 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 advised on issues of procedural fairness in relation to the investigation of some of those involved in the Trojan Horse investigation.
Advised on the interpretation of a contract between parents and a private school.
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
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.
Awaiting case management.
Listed for 4 day hearing in September 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.
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 has expanded her professional discipline practice in 2023, working across several fields, including sport, finance and parliamentary standards
Sarah was junior counsel to Jane Mulcahy KC in the ECB's disciplinary cases against Yorkshire County Cricket Club and individual cricketers including Michael Vaughan for the use of racist language.
https://resources.ecb.co.uk/ecb/document/2023/03/31/bf619c58-af70-4442-a9f4-0ec4cfaec6f6/ECB-v-Yorkshire-County-Cricket-Club-Others-Decisions.pdf
Sarah acted as an independent member on a Board disciplinary panel for an international bank. The issues involved financial regulation and whistleblowing as well as employment law more generally.
Sarah acted for Rt. Hon. Wendy Morton MP in her successful complaint of bullying against Sir Gavin Williamson MP
The Conduct of Sir Gavin Williamson MP (blackstonechambers.com)
Sarah was junior counsel to Gemma White KC advising a member of the House of Lords in relation to a complaint to the Parliamentary Commissioner for Standards
Sarah's professional discipline practice took her into sport in 2023, as junior counsel to Jane Mulcahy KC in the English Cricket Board's cases against Yorkshire County Cricket Club for the use of racist language.
Sarah was junior counsel to Jane Mulcahy KC in the ECB's disciplinary cases against Yorkshire County Cricket Club and individual cricketers including Michael Vaughan for the use of racist language.
https://resources.ecb.co.uk/ecb/document/2023/03/31/bf619c58-af70-4442-a9f4-0ec4cfaec6f6/ECB-v-Yorkshire-County-Cricket-Club-Others-Decisions.pdf
Sarah was sole counsel undertaking an independent review of the Independent Safeguarding Board of the Church of England in the autumn of 2023. The date for publication of her Report will be confirmed shortly.
Sarah undertook a significant independent review for the Archbishops’ Council of the Church of England, reviewing the creation, work and termination of the Church’s Independent Safeguarding Board.
https://www.churchofengland.org/media-and-news/press-releases/leading-public-law-barrister-head-review-independent-safeguarding
The Review is likely to be published in December 2023 and will feed into the review of safeguarding scrutiny generally for the Church being carried out by Professor Alexis Jay; https://www.churchofengland.org/media-and-news/press-releases/welcome-professor-alexis-jay
Sarah’s independent review had to be carried out in three months from September to November 2023 and involved interviewing senior figures from within the Church of England as well as complainants, victims and survivors of abuse. It involved complex questions of confidentiality, data protection, accountability and trauma-informed practice.
She is keen to build on this experience and undertake investigations in other spheres.
MA Oxon (Modern History) First Class; DPhil Oxon (Modern History); BA (Hons) Oxon (Jurisprudence) First Class; PGCE
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.
VAT registration number: 839590875
Barristers regulated by the Bar Standards Board
Gary Oliver
Senior Clerk
+44 (0) 207 822 7325
Derek Sutton
Deputy Senior Clerk
+44 (0) 207 822 7327
Adam Sloane
Deputy Senior Clerk
+44 (0) 207 822 7326
Dean Tolman
Clerk
+44 (0) 207 822 7331
Billy Brian
Clerk
+44 (0) 207 822 7339
Marc Armstrong
Clerk
+44 (0) 207 822 7330
Adam Fuschillo
Clerk
+44 (0) 207 822 7329
Danny Compton
Clerk
+44 (0) 207 822 7338
Sophie Reeve
Clerk
+44 (0) 207 822 7324
Rio Sully
Clerk
+44 (0) 207 822 7299