Sarah Daley

Practice

Public law

Undertakes a full range of judicial review maters arising from all practice areas.

Prison law

Advises on all prison law matters including refusal to release a prisoner, delay and failure to progress and failure to provide coursework re-categorisation (inc Category A reviews), sentence calculation, false imprisonment and claims involving Art 5 ECHR. Also undertakes representation at Parole Board hearings and adjudications.

Has a particular interest in cases which involve overlapping practice areas of immigration and discrimination such as: refusal to transfer foreign national prisoner to open conditions, Parole Board hearings for Foreign Nationals; disability discrimination in prison (access to courses etc), representation of blind prisoners where there has been a failure to make reasonable adjustments. Regularly instructed in cases for prison law clients with overlapping mental health issues.

Advises on full range of prison law judicial review claims including delay, failure to provide legal representation and Parole Board decisions including a successful judicial review of the Secretary of State for failure to provide legal representation at an adjudication. Has particular expertise in delay cases, including assisting with the case of Lee, Wells and James in the House of Lords and the subsequent application to the European Court of Human Rights.

Civil actions against the police

Assault by police officers, negligence, wrongful arrest and false imprisonment, malicious prosecution and misfeasance. Experienced civil practitioner with a keen interest in civil actions against the police and other detaining authorities.

Immigration

Experience of the full range of immigration hearings in both the first-tier tribunal and the upper-tier tribunal including entry clearance, PBS (Points Based System), asylum, deportation appeals, bail hearings and cases involving human rights arguments.

Particular interest in cases involving children and Art 8 ECHR (either in asylum or deportation) s55 of the Citizenship and Borders Act 2009 and automatic deportation appeals relating to serious criminal convictions, drawing upon her prison and criminal law experience. Also experienced in advising on public law challenges in immigration such as refusal to grant a fresh claim or public law failings of the Tribunal.

Employment and discrimination

Experienced in advising and representing claimants in discrimination cases in relation to race, age, sex and disability discrimination. Also advises and represents claimants in the full range of employment matters. Particular interest in cases concerning professional misconduct and appeals following hearings before professional bodies.

Recently succeeded on appeal to the Care Standards Tribunal in a case where a carer was accused of historic allegations of sexually touching disabled boys in his care and was struck off of the Social Care Register as a result – David Morris v GSCC [2010] UKFTT 436 (HESC) > judgment . Other recent cases include representing a social worker who alleged that she was discriminated against because she could not accept a contractual change involving twenty four hour working because of her duties as a carer for her disabled daughter and a number of cases providing representation for young foreign national women, some of whom are agency workers, who have been sexually harassed in the workplace.

Criminal law

Undertakes a full range of criminal defence work in the Magistrates and Crown Courts. Particular interest in cases with an overlap into both immigration law and professional misconduct. Recent cases include the successful appeal to the Court of Appeal on behalf of an Immigration detainee subject to deportation in relation to an out of time sentence appeal.

Other areas

Inquests – experience includes representing a family at a five day hearing following a death in custody.

Other activities

Nominated for the Sydney Elland Goldsmith Bar Pro Bono Award 2011 > more

A member of the Equality and Human Rights Commission's (EHRC) Preferred Counsel Panel > more

Sarah worked as a consultant to the Equality and Human Rights Commission during her pupillage assisting with the publication of the report resulting from their Human Rights Inquiry > click here for more information

Background

Completed pupillage with Garden Court North Chambers under the supervision of Pete Weatherby and became a tenant in October 2009. Prior to joining chambers Sarah volunteered at the Louisiana Capital Assistance Center in New Orleans in the aftermath of Hurricane Katrina. She assisted with habeas corpus claims following the disaster. Sarah also worked on a civil rights claim on behalf of a prisoner which was filed in the Federal Court as well as visiting clients on death row.

During the BVC Sarah volunteered at Hackney Law Centre working as an Evening Legal Adviser.

Articles and media comment

> 19/11/10 - Judgment Highlights Potential Unfairness of RTA 1988 (LexisNexis Current Awareness)

> December 2009 - Challenging Deportation (Inside Time)

> 9/10/09 - Cut Price Tendering in Criminal Legal Aid (Legal Action Group Magazine)