AREAS OF EXPERTISE:
Sarah practices predominantly in Construction, Wills, Trusts and Probate (Including Inheritance Act Claims) and related professional negligence matters.
Sarah has a wide range of experience in the Specialist Courts including the TCC, Chancery Division, Court of Protection and Court of Appeal. She is a Full Member of ACTPAS and is on the TECBAR adjudicator’s panel. She has acted as an adjudicator on several construction disputes. Sarah has been successful at numerous mediations and roundtables and is a firm believer in the power and benefit of alternative dispute resolution.
Sarah will accept instruction directly under the public access scheme and has extensive experience of doing so.
Sarah has been instructed on several large Group Litigation Order cases including historic child abuse on behalf of an estate, property nuisance claims, professional negligence against a firm of solicitors and construction claims on behalf of joint owners such as blocks of apartments.
Year of Call: 2003
Sarah has a great deal of experience in all types of trust, probate and wills cases including:
Inheritance Act Claim (including s.4, s.9 and s.10 application and domicile issues);
Disputes over the validity and construction of wills;
Testamentary capacity and undue influence;
Deeds of variation and rectification;
Liability and removal of executor and personal representatives;
Validity of lifetime gifts;
Trusts and beneficial interest of property (including co-habitee disputes);
Real property and boundary disputes.
Sarah often acts in cases involving minors or patients.
Significant Reported Cases
Paratus AMC v Fosuhene  EWCA Civ 827 – successful in the Chancery Division and Court of Appeal at upholding a decision in support of and clarifying the position for lenders who accept third party payments.
Sylvester v Sylvester – Chancery Division - £1m estate and IPDFA claim. Acted for the Executor. Preliminary issue on domicile. Settled the IPFDA after lengthy mediation and then subsequent round table meeting. Settled associated case with costs before judgment but following trial on survivorship and application of presumption of advancement in relation to joint bank accounts. Also successful s.50 AJA application to remove other executors (both professional and lay).
Barry Quayle v G and SM Robson and Ors (Banham Group Litigation)  – Acted for Estate of owner/headmaster of a School in which allegations of historic child abuse were made. Successful in resisting an application to extend the limitation period.
Sarah has experience in all types of property, technology, construction and engineering disputes. She has acted for insurers, employers, contractors, sub-contractors, suppliers, homeowners and professionals. Her work has included disputes concerning the proper construction and operation of contracts, claims for delays and disruption and loss, claims for defective works and claims against professionals for negligent design works or project management. She has experience of third party nuisance claims and applications regarding limitation.
Sarah has been involved in numerous arbitrations, adjudications, enforcement of adjudication decision and appeals from arbitration decisions.
Termax Construction Company Limited (In Liquidation) v BW Sipp Trustees Limited & Edward Davies and ors [–TCC. Acted for the Defendants in successful preliminary hearing on limitation in a construction dispute.
Saima Khaliq v Gateway Homes Limited & Clydesdale Bank – successful application on behalf of the Claimant before HM Land Registry Adjudicator relating to fraudulent sale of property to the Defendant by a third party. Costs awarded.
JTH Construction Limited v George Camm High Court – Successfully obtained an injunction and declaration regarding ownership of land so that Claimant could begin development works.
University of Nottingham BA (Joint Hons) Law with American Law and Politics
University of Texas 24 credit hours of Law
Middle Temple Joseph Jackson Memorial Scholar
Ranked in Chambers UK 2017
Chambers UK 2016
"She's very clear, concise and technically sound. Very approachable to clients, she guides them through often very difficult processes."
"She's excellent. She's very tenacious, knows when to be forceful in terms of putting across the client's case, and is very good at getting results."
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Birmingham, B3 2DJ
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Direct Dial: 0121 200 3570
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