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Sarah Crowther QC

Sarah Crowther QC

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Year of Call:

1999

Silk:

2018


Sarah has a broad practice with areas of focus in personal injury, private international law, clinical negligence and public law and discrimination cases.

Sarah has experience in all claims for injury, illness or accident with an international element, including advising on European law issues especially concerning the EU Motor Insurance Directives and disputes over jurisdiction and applicable law. She has appeared in recent high-profile cases in the Court of Appeal and Supreme Court and is experienced in working with expert evidence of foreign law and handling claims to which foreign law applies.

Regularly acting for both claimants and defendants, Sarah balances a “commercial approach” with a “compassionate nature”.

Sarah’s public and human rights law practice, founded on her experience of constitutional human rights appeals to the Privy Council, focusses on discrimination, supply of goods and services and employment. She has appeared at all levels from employment tribunal to the Supreme Court in such cases.

Sarah has acted in several of the leading cases on religious rights discrimination, including representing Christian hoteliers who refused to supply same-sex couple with a double-bedded room due to conflict with their religious belief. She is currently appearing in Ashers v Lee concerning whether Christian owners of a bakery can lawfully be required to ice a cake with a message promoting same-sex marriage.

Sarah’s clinical negligence work includes birth injury, spinal cord injury and fatal claims. She has appeared successfully at trial in claims concerning consent to treatment following the Montgomery decision and regularly advises on complex breach and causation issues involving multiple expert disciplines.

Her broader personal injury practice encompasses catastrophic injury, road traffic, insurance, employer’s liability, sport and asbestos-related illness claims. Sarah acts at High Court level for claimants and defendants.

Sarah played hockey for Cambridge University and Richmond HC, these days is a sporting spectator, including of Blackburn Rovers and Lancashire CCC. Sarah speaks German and some French.

Public Law, Employment and Discrimination

Sarah has longstanding experience representing clients with religious beliefs which are in collision with the protected characteristics of others, including sexual orientation, political opinion or religious or philosophical belief in both the employment sphere and also in respect of the provision of goods and services.

She has advised clients, including religious organisations, commercial businesses and individuals with respect to their rights and obligations under the Equality Act 2010 and the Human Rights Act 1998 regarding provision of services, including services abroad, to consumers with disabilities. She has appeared in High Court judicial review proceedings concerning religious views of holders of public office.

Sarah is currently representing the Northern Ireland bakery company whose refusal to ice a message supporting same-sex marriage onto a cake is the subject of litigation before the Supreme Court (hearing in May 2018).

Sarah has substantial experience of appearing before employment tribunals in a full range of claims, including unfair dismissal, discrimination, equal pay, public interest disclosures and disability issues. She has considerable advocacy experience before tribunals, including successfully appearing before the EAT. She has conducted High Court employment litigation in injunction applications concerning breach of confidence, fiduciary duty and post-termination restrictive covenant disputes.

Sarah has appeared in many appeals to the Privy Council in both criminal and civil matters which raised constitutional matters, including recently a case concerning prosecution of a newspaper editor for the offence of scandalising the judiciary, raising important questions of freedom of expression and constitutional rights under Mauritian law. She continues to act pro bono in administrative and public law matters, including from and in the Caribbean.

Cases

Ashers Bakery, McArthur and McArthur v Lee, AG for Northern Ireland and OFMdFM intervening: Northern Ireland Court of Appeal (currently under appeal to the Supreme Court).

Discrimination – religious belief – political opinion – sexual orientation – discrimination in supply of goods and services – human rights – freedom of conscience – freedom not to express views contrary to one’s religious beliefs – devolution – constitutional challenge to equality legislation – support for same-sex marriage as a political belief – Northern Ireland.

East of England Ambulance Services NHS Trust v Sanders, (11 February 2016), Laing J, DBE

Employment – Disability discrimination – Unfair dismissal – Findings of fact – Tribunal error.

East of England Ambulance Service NHS Trust v Sanders (17 October 2014) Langstaff P [2015] ICR 293; [2105] IRLR 277

Employment – Administration of Justice – Bias – Recusal – Right to fair and public hearing – tribunal use of internet to conduct own research.

Dhooharika v DPP (Mauritius) [2014] UKPC 11; (2014) 158(18) S.J.L.B. 37; Times, May 6, 2014

Contempt of court – scandalising the judiciary – Mauritius – newspaper editor jailed following publication of interview with disgruntled litigant and comment piece regarding Judge. Freedom of expression – constitutional rights – ECHR. Appeared pro bono for Commonwealth Law Association.

Preddy and Hall v Bull and Bull [2013] UKSC 73; [2013] 1 W.L.R. 3741; [2014] 1 All E.R. 919; [2014] H.R.L.R. 4; 36 B.H.R.C. 190; [2014] Eq. L.R. 76; (2013) 157(46) S.J.L.B. 37, [2012] EWCA Civ 83, [2012] 2 All ER 1017

Religious belief – sexual orientation – ECHR – Christian hoteliers unwilling to supply accommodation in double-bedded rooms to same sex couples – question whether direct or indirect discrimination.

Black v Wilkinson [2013] EWCA Civ 820; [2013] 1 W.L.R. 2490; [2013] 4 All E.R. 1053; [2013] Eq. L.R. 894; (2013) 157(28) S.J.L.B. 31

Bed and Breakfast – religious belief – sexual orientation – whether exceptions to Equality Act 2010 applied – direct or indirect discrimination – deference to legislature in ECHR rights cases.

R (on the application of Hans-Christian Raabe) v Secretary Of State for the Home Department (2013) [2013] EWHC 1736 (Admin)(Stadlen J) (Lawtel)

Religious belief – government appointment to Misuse of Drugs advisory committee – sexual orientation – procedural fairness – Wednesbury unreasonableness of revocation of appointment.

Ladele v Islington LBC [2009] EWCA Civ 1357, [2010] 1 WLR 955

Religious belief – sexual orientation – employment – ECHR – Christian registrar of births, deaths and marriages – whether she could be excused from officiating at civil partnerships ceremonies.

Basdeo Panday v Superintendent Wellington [2008] UKPC 24, [2008] 1 AC 1386

Public law – Misfeasance in public office – Bias – Apparent bias of Chief Magistrate (Trinidad and Tobago). Whether proceedings were time-barred.

Bernard Coard v AG for Grenada [2007] UKPC 7

Death sentence – constitutionality of automatic sentencing procedure (Grenada).

 

Appointments & Memberships

  • Bar Council Member
  • South Eastern Circuit Committee Member
  • PIBA
  • ELBA

Languages

  • French
  • German

Sarah Crowther QC is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.

Areas of Law


Recommendations


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Testimonials


“Sarah has a fine legal mind and is extremely capable in the areas of jurisdiction, applicable law and personal injury claims. She is one of the best senior juniors in this area.” Travel, Chambers & Partners 2018

“She is an extremely experienced heavyweight in this field. She is very passionate about the clients she represents and goes all out to get the best results from them.” Travel, Chambers & Partners 2018

“Sarah is excellent on technical points of law and is a persuasive and tenacious advocate.” Travel, Chambers & Partners 2018

“A tenacious advocate, who knows her stuff.” Travel, Legal 500 2017

“Extremely confident, and a powerful and committed advocate.” Personal Injury, Legal 500 2017

“She is an excellent barrister with good judgement and client care skills.” Employment, Legal 500 2017

“She has a first-class grasp of the applicable legal principles and clearly empathises with clients.” Consumer, Legal 500 2017

“Sarah is excellent on technical points of law and is a persuasive and tenacious advocate.” Travel, Chambers & Partners 2017

“She’s extraordinarily bright, has a good bedside manner with clients and is both tough and pleasant.” Travel, Chambers & Partners 2017

“She’s a real specialist in jurisdiction and applicable law, who knows the legislation like the back of her hand.” Travel, Chambers & Partners 2017

“She picks up all the issues quickly and takes a pragmatic view on tactics.” Personal Injury, Legal 500 2016

“Very impressive advocacy skills; her questioning is precise and her cross-examination is very effective.” Employment, Legal 500 2016

“She has great experience across all first instance and appeal courts.” Consumer, Legal 500 2016

“She is practical, focused, tremendously fun to work with and someone who always appears to be one step ahead.” Travel, Chambers & Partners 2016

“She explains complex legal issues in such a way that after she’s finished you feel as if a cloud has been lifted.” Travel, Chambers & Partners 2016

“A very tenacious advocate, who is very persuasive and always thoroughly prepared.” “She can be relied upon to provide robust and commercial advice, whilst also showing a caring and compassionate nature when meeting with lay clients.” Chambers & Partners 2015

“She is a very able advocate who wins the respect of the court, clients and opponents with her straightforward, friendly and common-sense approach.” Chambers & Partners 2015

“She is great with clients and witnesses, developing a good rapport and putting them at ease.” Employment, Legal 500 2015

“A very good team player, full of good ideas and suggestions.” Personal Injury, Legal 500 2015

“She has a fine legal mind but is still approachable and down to earth.” Legal 500 2014

“Supportive and client friendly.” Legal 500 2014

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