Sarah Bousfield

Year of call:
2013
Email:
sarah.bousfield@39essex.com

Clerks:
+44 (0)20 7832 1111

Sarah Bousfield accepts instructions across all areas of Chambers’ work and specialises in construction law, commercial law, banking & financial services, and public law. As an advocate Sarah regularly appears in the County Court as well as the High Court. She undertakes both advisory and litigation work.

General Commercial & International


Sarah has experience of advising clients on contractual and tortious matters in general.

Examples of Sarah’s recent work include:

  • Advising on service out and jurisdiction issues in relation to claims in the Cayman Islands and Jersey
  • Advising on the conditions for a valid contract and claims of quantum meruit or unjust enrichment in lieu
  • Acting as sole counsel in the High Court in respect of an application for a freezing injunction
  • Advising respondents in the ‘PIP Breast Implant Group Litigation (2014), a large group action regarding defective breast implants on complex conflicts of law and jurisdictional questions, with Robert Lazarus
  • Assisting with preparations for a Court of Arbitration hearing in respect of a former senior FIFA official accused of corruption and bribery by FIFA

Construction/ Engineering


Sarah has been involved in numerous disputes arising out of major construction and engineering projects, relating to both the major UK and international forms of contract, including standard form JSB contracts and JCT Contracts.

Examples of Sarah’s recent work include:

  • Acting (as sole counsel) in a six-figure claim for unpaid sums owed to a company specialising in construction logistics for services rendered for renovation of a multi-mullion pound property in London in the Technology and Construction Court
  • Advising on issues such as the operation of termination clauses in major forms of construction contract; whether a contractual certification regime for payment can result in a net sum payable that might attract 8% interest under the Late Payment of Commercial Debts (Interest) Act 1998; indemnity clauses within Design and Build Contracts and the effect of indemnitor/ indemnitee negligence on them; assignment of a contract to repair a ship in order to advise and draft pleadings/ ICC request for arbitration.

Administrative & Public


Sarah has had exposure to a wide range of public law work, including cases which raise prisoner rights, immigration, human rights and civil liberties issues. She is a member of the Treasury appointed ‘Baby Barrister’ panel.

Examples of Sarah’s recent work include:

  • Acting for a participant in the Goddard Inquiry investigating the extent to which institutions have failed to protect children from sexual abuse
  • Acting for the Foreign and Commonwealth Office in respect of claims by numerous Kenyan nationals who allege that they were seriously mistreated in detention camps in Kenya whilst it was a British colony during the Mau Mau uprising by British employees and agents
  • Assisting Jenni Richards QC with legal research relating to the Hillsborough Inquiry and with legal research in respect of Mrs & Mrs M v Human Fertilisation and Embryology Authority [2016] EWCA Civ 102.
  • Advice on an Article 8 ECHR issue

Court of Protection, Mental health, Children & Protected Parties

Sarah is regularly instructed to attend infant settlement hearings. She also has significant experience of Court of Protection work as a pupil, including advising on issues around capacity and best interests in healthcare disputes, and has most recently been researching legal issues relating to application of the Mental Health Acts 1983 and 2007 by the courts.

Planning & Environmental


Examples of Sarah’s recent work include:

  • Advising on the lawfulness of a high profile environmental policy in relation to judicial review
  • Advising on data protection issues pursuant to the Environmental Information regulations
  • Assisting Save Britain’s Heritage and the Victorian Society with their challenge by to the proposal to replace much of Smithfield Market, which ultimately resulted in the Secretary of State’s rejection of the plans
  • Advising on the prospects of a planning application to change the use of an employment site to residential use and the merits of a CLEUD application

Civil Liability, Insurance & Professional Negligence


Sarah has extensive experience in all aspects civil liability work, including advising, drafting pleadings and other core documents, as well as appearing as sole counsel in a range of Small and Multi track disputes.

Examples of Sarah’s recent work includes:

  • Acting for Undercover Police Officers and CHIS Handlers in claims for statutory debt for unpaid overtime subsequent to her involvement assisting Martin Westgate QC and Sadie Crapper with the case of Vincent Allard and Buckley [2015] EWCA Civ 42
  • Acting in a claim for negligent diagnosis and treatment brought on behalf of a woman suffering from MS with bilateral fractures to both of her legs against paramedics
  • Acting for an NHS Hospital defending a claim in negligence in respect of an atrial ablation procedure

Banking & Financial Services


Sarah was recently instructed to provide in-house advisory work for a major international bank, which included advising on regulatory and disciplinary proceedings, as well as considering the merits of pursuing litigation.

Examples of Sarah’s other recent work include:

  • Several different reviews in the capacity of a s.166 skilled person, as contracted by the Financial Conduct Authority
  • Advising on regulatory issues such as the missale of various financial products and subsequent consequential loss claims by customers, and advising on issues arising from the regulation of client monies, CASS accounts and compliance with ISA regulations
  • Advising on the issue of ‘Separate Legal Personality’ and the ability of entities other than Customers of a Bank to claim for breach of COB/COBS rules
  • Assisting with a dispute arising out of Film Partnership schemes designed to generate an accounting loss in order to claim sideways or carry-back loss relief

Aviation & Aerospace


Having spent a considerable amount of time on secondment to the Civil Aviation Authority, Sarah has very good knowledge about airspace regulation including a technical understanding of RNAV (area navigation) systems and their interaction with noise preferential routes (NPRS), as well as consultation issues arising in the context of airspace change processes (ACPs).

Most recently, Sarah advised the Civil Aviation Authority with Fenella Morris QC on the Post Implementation Review of changes to Departure Routes at Gatwick Airport.

 

Call +44 (0)20 7832 1111 for more information

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