Sarah Whittle Senior Associate

Photograph of Sarah Whittle

Contact Details

“Extremely professional and very responsive" (Richard Biddiscombe, The Development Company Ltd) ”

Richard Biddiscombe The Development Company Ltd
Sarah is a Senior Associate in the Cardiff Litigation and Dispute Resolution team. She has extensive experience of advising public sector and private clients on a wide range of commercial and public law disputes, in particular judicial reviews and disputes concerning intellectual property rights. 

Main areas of practice

Public sector work and judicial review

Sarah has vast experience of advising public sector clients in relation the defence of challenges to their decisions by way of judicial review. Sarah has helped many clients successfully defend the decisions taken. 

Sarah also has extensive experience in the health sector, having spent 9 months on secondment to the Department of Health, advising on the negotiation and implementation of the outsourcing of NHS services via the Independent Sector Treatment Centre (“ISTC”) programme.

Intellectual Property

Sarah has advised both public and private sector clients as to the protection and enforcement of their intellectual property rights, whether registered or unregistered.  Sarah has experience of dealing with matters involving trade marks, patents, copyright, confidential information, database rights, design rights and know how.  Sarah also provided training for clients regarding the recognition, exploitation and enforcement of such rights.

General litigation

Sarah has wide-ranging experience in advising on commercial disputes, including breach of contract claims, corporate disputes and advising the financial sector. Sarah is experienced in all forms of ADR and has been involved in many mediations and negotiations and has successfully ensured that many of the matters she deals with are resolved without the need for recourse to the courts

Clients

Sarah has represented a wide range of clients in her practice.  In relation to public law, her clients include numerous NHS bodies, Ombudsmen, Tribunals, local government departments and government bodies.  Sarah has also represented the same public bodies, large cosmetics brands, motor franchises, Universities, finance institutions and industrial companies in relation to her intellectual property and general litigation practices.  

Significant experience 

  • Advising a Primary Care Trust in relation to judicial review proceedings and injunctive relief concerning the outsourcing of services and advising as to the best way to manage the various stakeholders’ interests.  This included ongoing advice as to the subsequent procurement of services.
  • Representing the Adjudication Panel for Wales in judicial review proceedings brought against the Panel for the review of a decision made by a Case Tribunal, an unprecedented challenge in Wales.
  • Representing an Ombudsman in relation to judicial review proceedings brought against it seeking reviews from the Ombudsman of decisions taken by third parties.  This required an extensive understanding of the statutory limitations of the Ombudsman scheme and ensuring that the judicial review system was not misused by Claimants seeking to appeal third parties’ decisions via judicial review proceedings against a public body.
  • Representing the Trust Special Administrators of Mid Staffordshire NHS Foundation Trust in relation to a judicial review challenge made to the acceptance of their recommendations to the Secretary of State for Health to dissolve Staffordshire NHS Foundation Trust.
  • Representing a University Health Board in respect of judicial review proceedings issued to challenge its decision to close inpatient beds due to safety concerns and successfully defending these proceedings.  
  • Representing NHS England in relation to various judicial review applications made against it challenging the application of their policies.
  • Advising all 7 Health Boards in Wales in relation to a judicial review claim challenging their application of legislation concerning the funding of nursing care in private care homes.  This claim was appealed to the Supreme Court, who gave their own view on the interpretation of the legislation and Sarah continues to assist the Health Boards in the implementation of the judgment.

Intellectual property

  • Representing a major cosmetics company in relation to a claim under the Comparative Advertising Directive.
  • Representing the Eisteddfod Genedlathol Frenhi concerning a dispute arising over copyright licences for their performances.
  • Advising the UK market leader in the manufacture and distribution of industrial, commercial, and residential ventilation concerning patent infringement.
  • Advising a UK start up design company regarding patent and design protection and exploitation.
  • Representing the Welsh Government concerning their intellectual property in a former brand used by one of their divisions and representing Welsh Government in the proceedings in the Company Names Tribunal.
  • Representing a University’s product development arm regarding issues and disputes arising over the intellectual property in products they assisted to third parties to design and develop.

General litigation

  • Advising a client within the motor industry regarding the ownership of vehicles sold to a company involved in fraudulent activities with finance companies and successfully representing their case in the Court of Appeal.
  • Seconded to a private finance company to develop their in house litigation procedure and manage their in house litigation team.
  • Advising an NHS trust on a claim brought against them by a consultant for outstanding payment and successfully defending the claim that the consultant was entitled to an hourly rate, which included advising on issues arising out of requests made for information under the Freedom of information Act. 
  • Advising an NHS trust as to the recovery of monies fraudulently obtained by a member of staff who had submitted false claims for payment.
  • Advising on a high value, multi party contractual dispute concerning liability for negligence and nuisance.

Expertise

Articles by Sarah

R (oao Woolcock) v Secretary of State for Communities and Local Government, Secretary of State for Justice and the Welsh Ministers

Article

The court has handed down judgment in the case of R (oao Woolcock) v Secretary of State for Communities and Local Government, Secretary of State for Justice and the Welsh Ministers.

Judgment from the Supreme Court in Welsh Care Home Sector case

News

Our team represented a client in the Supreme Court where a judgment was handed down.

Intro of London Domain on 29 April 2014

Article

ICANN (the Internet Corporation for Assigned Names and Numbers) is currently expanding the domain name space through the introduction of new top level domains.

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