Data Protection and Cyber Security
Sarah specialises in providing advice to clients on all aspects of cyber security and resilience (including advising in respect of preventative measures to cyber incidents through to post-incident support) and data privacy and cyber security litigation.
Sarah's experience includes:
- Advising in relation to compliance with and exercise of data subject rights, including Data Subject Access Requests ("DSARs"). This work has included providing advice on methodologies for searching and filtering large volumes of data and the application of various exemptions. Sarah appreciates the delicate balance to be struck between respecting a data subject's rights and compliance with the UK GDPR, alongside a business' need to ensure that these rights do not interfere with the daily operation of a business. She is conscience of costs and helps clients take a practical and proportionate approach.
- Advising corporates and public bodies in respect of data breaches, both nationally and internationally. Sarah's work has included the drafting of communications to third parties in respect of the breach, advising on the merits of potential claims and any potential settlement and developing litigation strategy in the event that a claim is brought.
- Assisting and advising pension scheme trustees in the aftermath of substantial data incidents. Sarah has particular experience of dealing with incident management, notifications to regulators and authorities and communication with third parties and members in respect of the incident and ongoing management in respect of the data that was inadvertently disclosed. Sarah has also worked closely with forensic experts to uncover how data has been lost, and in some cases, has worked with forensic experts to uncover malicious activity within corporations and the deliberate manufacturing of data incidents.
- Advising and providing support in respect of cyber security measures and cyber incident response strategy. Sarah's advice in this area has included the review of internal policy documentation and third-party contracts to ensure that the measures and controls in place are compliant with legislation and market practice, and that they are suitable and proportionate in the circumstances and tailored to the specific needs of the client.
- Advising, providing support and successfully convincing the ICO not to take regulatory action in a number of matters, relating to data incidents, DSARs and Freedom of Information Act requests (for both private and public sector clients).
Technology
Sarah's experience includes:
- Advising a high profile online retail business in respect of a dispute arising out of the implementation of a technical solution.
- Assisting a European digital services and software development company in respect of settlement negotiations and ultimately mediation.
- Advising one of the largest global automotive technology solutions provider in respect of IT contract disputes.
Energy
Sarah's experience includes:
- Acting for one of the largest renewable energy generators in respect of a dispute concerning a Power Purchase Agreement for the sale/purchase of electrical energy generated from a wind farm. Sarah worked closely with technical individuals within the client to conduct disclosure and prepare witness and expert evidence.
- Advising a renewable energy generator in a High Court claim, in respect of a dispute relating to the contractual interpretation of a section 106 agreement. Sarah developed a detailed knowledge of renewable energy and managed the case through disclosure, witness evidence, expert evidence and trial.
Inquiry and Investigation
- Sarah has assisted government officials in respect of high-volume Judicial Review/high profile litigation matters and has led a team of paralegals to assist with the delivery of this work.
- Sarah has worked on a number of high-profile inquiries, including supporting a government department as part of a statutory inquiry and advising the Chair of both the non-statutory Shrewsbury and Nottingham maternity inquiries. Sarah has also supported corporate witnesses from a non-departmental public body to respond to requests for evidence in a high-profile statutory inquiry.
Sarah has advised on a broad range of legal, corporate and sensitive issues in her inquiry work. Such issues have included navigating the procedure of a non-statutory inquiry from inception to conclusion; liaising with regulatory bodies, NHS entities and key stakeholders and families to secure evidence; negotiating core agreements (including data processing agreements and information sharing agreements to ensure that any data sharing is compliant with data protection legislation and obligations of confidentiality); and liaising with the enforcement agencies in tangential criminal investigations.
Alongside these issues, Sarah has provided advice in respect of general data protection obligations, contractual obligations, insuring responsibilities and issues relating to the publication of the final report – crucially the Maxwellisation process and Crown Indemnity issues.
- Sarah has also been a core member of a team, and subsequently managed, an investigation into a number of whistleblowing allegations (including fraud and misuse of public funds) in the public sector. Sarah was heavily involved in the collation and review of large volumes of evidence; the interviewing of witnesses; the drafting of the final report; and the process of Maxwellisation prior to publication of the investigation's findings.
General Commercial Litigation
Sarah has experience in advising both corporate and private clients throughout all the stages of litigation - from pre-action correspondence and negotiations through to trial. Sarah also has experience in advising clients on settlement negotiation tactics and alternative dispute resolution (ADR), including mediation.
Sarah has experience of co-partnering with government departments and has recently been advising and leading paralegal teams in respect of a number of Judicial Review matters helping to set up new processes and procedures for assisting officials to handle large volume and high-profile litigation.
This experience means that Sarah is adept at assimilating large volumes of complex data swiftly, is able to convert it into practical and pragmatic advice and solutions for clients and integrate seamlessly into client teams.
Alongside Sarah's work, she was also part of the client service delivery team for the Birmingham 2022 Commonwealth Games, helping the client to manage the delivery of the project over the course of three years.
As a result of this experience and her keen interest in sport, Sarah is the non-partner lead of the Sports Sector within the Disputes team.
