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

9

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

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 This Practice Note has been archived and is not maintained.

Carrying on unauthorised business and breaching the general prohibition
Practice notes

This Practice Note outlines the general approach to financial services businesses which operate without the correct authorisations. The Practice Note introduces the general prohibition in section 19 of the Financial Services and Markets Act 2000 (FSMA 2000), various exemptions and the criminal offences under sections 23–25. It also provides an introduction to the various remedies available when a firm is in breach of the general prohibition. It introduces the concept of regulated activities and the concepts in the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO).

Dealing with the FCA—informal requests for information
Practice notes

The Financial Conduct Authority (FCA) is likely to prefer to use its formal, statutory information gathering powers to require the production of documents and information, but there are certain situations where informal requests for documents and information are more effective, or necessary, for the overall integrity of an investigation. This Practice Note introduces the scenarios where an informal, voluntary approach tends to be used and the ways in which the FCA is able to request information from firms and individuals on a voluntary basis. This includes the voluntary provision of witness statements and internal investigation reports, as well as voluntary attendance at interview.

How to appeal a civil directors' disqualification order
Practice notes

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.

Offences during an FCA investigation
Practice notes

This Practice Note provides information on the various offences that can be committed by a firm or individual during the course of an investigation by the Financial Conduct Authority (FCA). This includes failure to comply with a document or information requirement; destroying, falsifying or concealing documents; providing information which is known to be false or misleading; or obstructing a search warrant.

Unauthorised business and the approach to enforcement—civil proceedings
Practice notes

This Practice Note outlines the regulators’ approach to enforcement in relation to unauthorised business. 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 as well as orders for administration or winding up. It provides examples of actions and case law as well as 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 —criminal 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.

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

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.

Practice areas

Qualifications

  • BA (Birmingham)

Membership

  • Chancery Bar Association

Panel

  • Contributing Author
  • Q&A Panel

Education

  • University of Birmingham

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