Sarah Clarke

Sarah is a commercial chancery barrister specialising in company, insolvency and commercial litigation.
Through her insolvency practice Sarah has gained extensive experience and detailed procedural knowledge of all aspects of administration, voluntary arrangement, liquidation and bankruptcy, from the inception of proceedings to the conclusion of the insolvency process. She has advised and represented creditors, insolvency practitioners, individual debtors, companies, partnerships, limited partnerships and LLPs. Her practice includes claims concerning
• transaction avoidance,
• fraudulent and wrongful trading,
• misfeasance,
• director’s disqualification.

Her company law practice is built on providing advice and representation to companies, officeholders and members in relation to:
• shareholder disputes and unfair prejudice petitions
• claims arising from breaches of directors’ duties,
• directors’ disqualification,
• unlawful dividends,
• the enforceability of securities

Sarah also has experience of a wide spectrum of commercial litigation, with particular emphasis on disputes concerning the interpretation of contracts and the application of consumer credit law.
Contributed to

5

A summary of the key changes in the Insolvency (England and Wales) Rules 2016 [Archived]
Practice Note

This Practice Note, produced in partnership with Sarah Clarke of Hardwicke, looks at the long awaited Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 which were published and laid before parliament on 25 October 2016. It summarises the key features of the IR 2016. This Practice Note has been archived and is not maintained.

How to appeal a civil directors' disqualification order
Practice Note

This Practice Note, produced in partnership with Sri Carmichael and Sarah Clarke of Hardwicke Chambers, covers appeals against orders made in civil directors’ disqualification proceedings in England and Wales. It looks at when an appeal may be made, what court to bring the appeal in, and the process to be followed.

Unauthorised business and the approach to enforcement—criminal proceedings
Practice Note

This Practice Note outlines the regulators’ approach to enforcement through criminal proceedings. It introduces section 380 of the Financial Services and Markets Act 2000, as well as areas such as who is pursued when there is a concern around unauthorised business and remedial activity such as freezing or restraining orders and orders for administration or winding up. It provides examples of actions case law and links to the relevant provisions of the Enforcement Guide. This Practice Note should be read in conjunction with the Practice Note on the Unauthorised Business and the approach to enforcement —civil proceedings. This is part of a set of Practice Notes that provide a guide through the aspects of the unauthorised business regime. The series unpicks an area that can be complex and provides easy to understand direction on this increasingly important area of litigation.

Other work

Practice areas

Qualifications

  • BA (Birmingham)

Membership

  • Chancery Bar Association

Panel

  • Contributing Author
  • Q&A Panel

Education

  • University of Birmingham

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