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 commercial law, construction law, banking & financial services, and public law.

Sarah has acted in complex, high value litigation in the High Court and Court of Appeal with Leading Counsel and also regularly appears as sole counsel in the High Court (including the Commercial Court, Queen’s Bench Division and the TCC) and County Courts. She undertakes advisory and litigation work, and also has experience of international arbitration.

Sarah is a contributor to the Journal of International Banking and Financial Law and an editor of Atkin’s Administrative Court Forms.

Banking & Finance


Sarah regularly undertakes a wide range of banking and financial services work. She is part of the team of barristers who have been advising the Ministry of Justice, in conjunction with COMBAR, on the impact of Brexit on the UK’s Financial Services industry [link]. Sarah is also a regular contributor to the Journal of International Banking and Financial Law [link].

In contentious matters, Sarah has acted against banks in relation to various mis-sold financial products and has advised a major bank on the merits of pursuing litigation arising out of compliance with ISA regulations, including against another bank. Moreover, she has acted on behalf of RBS and HSBC in the capacity of a s. 166 skilled person, in FCA-approved reviews of sales of Interest Rate Hedging Products. Sarah also has experience of advising the FCA and FOS on the application of their statutory powers.

Sarah’s recent non-contentious work has included advisory work for a major international bank, which included advising on a range of potential regulatory and disciplinary proceedings. In particular this work involved issues arising from the regulation of client monies, CASS accounts and compliance with ISA regulations. Sarah has also advised 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.

General Commercial & International


Sarah has a broad commercial practice which includes general commercial litigation on contractual, tortious and trust matters, private client work, banking & financial services, professional negligence, fraud, agency and commercial ADR. Examples of Sarah’s recent work includes:

Commercial Dispute Resolution work, such as advising on high value, cross border jurisdictional disputes, asset tracing, interim relief, international enforcement of foreign judgments, led by senior members of Chambers.

Advising ultra-high net worth individuals in respect of trusts and offshore structures in the context of multi-jurisdictional commercial and matrimonial litigation proceedings, led by James Ramsden QC.

Advising, a foreign solicitors’ regulatory authority, with Leading Counsel, on a complex, high value trust law matter which also concerned the regulation of client monies and a potential judicial review claim arising therefrom.

Successfully representing a client in the High Court as sole counsel in a case concerning service out and jurisdiction issues, and as sole counsel in respect of freezing injunction.

Furthermore, Sarah was a contributor to the paper recently produced by a COMBAR members, advising the Ministry of Justice on the effect of Brexit on International Arbitration – Click here to view.

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 includes:

Successfully representing, as sole counsel, the claimant in Wysepower Limited (t/a Wyse Logistics) v PP Co Ltd [2016] EWHC 3565 (TCC) who was seeking restitution of a six-figure sum owed pursuant to a construction contract for renovation of a property in London worth £130m.

Advising, as sole counsel, in numerous six-figure claims for unpaid sums owed to construction companies, including adjudication proceedings, in the TCC and in County Courts.

Advising on the operation of termination and indemnity clauses in major forms of construction contract and the effect of indemnitor/ indemnitee negligence on them.

Advising/ acting for national telecommunications providers in numerous construction and engineering disputes with a particular emphasis on cases concerning design/ maintenance of ducting and cabling.

Drafting pleadings/ ICC requests in respect of various arbitrations, including an arbitration concerning a ship building project, led by senior members of Chambers.

Administrative & Public


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

Examples of Sarah’s recent work includes:

Acting, with Jennifer Thelen, for numerous female prisoners in their successful claims which challenged the legality of strip searching policies in prison and their application.

Acting for a Core Participant in the Independent Inquiry into Child 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 Jennifer 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.

Planning & Environmental


Examples of Sarah’s recent work includes:

Advising on the lawfulness of a high profile environmental policy in relation to judicial review data protection issues pursuant to the Environmental Information regulations and merits of a CLEUD application.

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.

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, Multi and Fast track disputes. Her experience 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 for claimants in claims for negligent diagnosis and treatment, including a claim brought on behalf of a woman suffering from MS with bilateral fractures to both of her legs against paramedics.

Acting for various NHS Hospital Trusts defending a claims in negligence in respect of various matters including an atrial ablation procedure / obstetrics management of a woman with FGM.

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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