People

Sarah Love

Year of Call: 2006

Clerk: Luke Carvalho luke.carvalho@brickcourt.co.uk

Sarah Love

Year of Call: 2006

Clerk: Luke Carvalho   luke.carvalho@brickcourt.co.uk

“Clients describe Sarah Love as ‘fantastic’ and ‘very good at getting straight to the point.’”
- Chambers & Partners 2013

“Sarah Love is valued for her background in economics and the attendant depth that this brings to her knowledge of the competition law world. She is considered ‘a really excellent junior and somebody I would consistently use.’”
- Chambers & Partners 2013

Overview

Sarah Love has a broad practice, with a particular emphasis on competition, regulatory and administrative law. Before coming to the Bar, she studied postgraduate economics and government at Harvard and was a research economist at the Institute for Fiscal Studies.

Since joining Chambers in 2007, Sarah has appeared in the House of Lords and the Supreme Court, the Court of Appeal, the High Court, the Competition Appeal Tribunal, the Information Tribunal, the First-tier Tribunal (Social Entitlement Chamber) and many county courts. Cases in which Sarah has been instructed include: the ‘Bank Charges’ litigation (in which she was part of the OFT’s counsel team); the challenges by BAA to the Competition Commission’s reports on UK airports (in which she was junior counsel for Ryanair, the successful intervener); the ‘Pay TV’ litigation (in which she was part of BT’s counsel team); and the ongoing challenge by minicab firm Addison Lee to Transport for London’s policy preventing minicabs from using bus lanes (in which she is junior counsel to TfL).

Sarah is a member of the Attorney General's C Panel of Junior Counsel to the Crown. She has acted for and advised a wide range of clients, including government departments, public authorities, trade associations, public and private companies, charities and individuals.

practice areas

Sarah practises in EU/Competition, Public and Commercial Law. Many of her cases overlap more than one of these areas. In particular, Sarah’s regulatory work frequently involves points of competition law, European Union law and judicial review principles.

EU/Competition

Sarah has acted and advised in a wide range of cases. She has experience of European Commission, Competition Commission and OFT investigations, as well as proceedings before other regulatory bodies (including in particular the CAA). Some of the matters on which she is working and has worked are listed below.

Transport

  • Eventech Ltd v Parking Adjudicator & others [2012] EWHC 1903 (Admin) – instructed by TfL (with Martin Chamberlain QC) in its successful defence of a challenge by minicab firm Addison Lee to TfL’s policy preventing minicabs from using bus lanes. The claimant alleged breaches of Articles 49 and 56 TFEU, breach of the principle of equal treatment, Wednesbury irrationality and unlawful State aid. The case is currently before the Court of Appeal.
  • BAA Ltd v Competition Commission [2012] EWCA Civ 1077 – instructed as junior counsel for Ryanair, which supported the Competition Commission's successful defence of BAA’s appeal against the July 2011 report requiring it to sell Stansted Airport. Sarah acted both in the CAT proceedings ([2012] CAT 3) and in the subsequent appeal.
  • Competition Commission v BAA Ltd [2010] EWCA Civ 1097 – instructed for Ryanair (with Daniel Jowell QC) in support of the Competition Commission's successful appeal against the CAT’s judgment quashing the March 2009 report on UK airports, having previously been instructed (with Daniel Jowell QC) in the CAT proceedings ([2009] CAT 35).
  • Instructed for Aer Lingus (with Kelyn Bacon) in a challenge to the CAA’s decision of March 2012 on a complaint by bmi under section 41 of the Airports Act 1986. The decision was ultimately withdrawn.
  • Instructed as junior counsel for Ryanair in both of the two UK decisions, to date, under Regulation 20 of the Airports (Groundhandling) Regulations 1997 (May 2013 and March 2011). Both of Ryanair’s appeals were successful.
  • Advised Ryanair on a successful complaint to the CAA under section 48 of the Airports Act 1986 (with Daniel Jowell QC).

Broadcasting & telecommunications

  • Virgin Media, Inc & others v Office of Communications [2012] CAT 20 – instructed by BT Legal (with Thomas Plewman SC and Sarah Ford) in the ‘Pay TV’ litigation regarding Ofcom’s decision to impose a ‘wholesale must-offer’ on Sky in relation to Sky Sports 1 and 2. The case is under appeal to the Court of Appeal.
  • Case 1211/3/3/13 British Telecommunications plc v Office of Communications – instructed (unled) for Gamma Telecom, a potential intervener in proceedings concerning Ofcom’s determinations of disputes relating to the wholesale termination charges set by BT for calls to certain non-geographic numbers hosted on BT’s network.
  • Advised BT (led and unled) on various competition law and regulatory issues.

Consumer protection

  • Office of Fair Trading v Abbey National plc & others [2009] UKSC 6 – instructed by the OFT (with Jonathan Crow QC, Jemima Stratford QC and Richard Coleman QC) in the ‘Bank Charges’ litigation, which concerned whether unarranged overdraft charges could be assessed for fairness under the Unfair Terms in Consumer Contracts Regulations 1999.
  • Office of Fair Trading v Foxtons Limited [2009] EWHC 1681 (Ch) – instructed by the OFT (with Nicholas Green QC and Helen Davies QC) in its successful case against Foxtons concerning the fairness of clauses in its contracts with landlords.
  • Advised (led and unled) on the application of both the Unfair Terms in Consumer Contracts Regulations 1999 and the Consumer Protection from Unfair Trading Regulations 2008 in various different sectors.

Equality & discrimination

  • Eventech Ltd v Parking Adjudicator & others [2012] EWHC 1903 (Admin) – see under ‘Transport’ above.
  • Hereward & Foster v Legal Services Commission [2010] EWHC 3370 (Admin) – instructed by the LSC (with Martin Chamberlain QC) resisting a sex discrimination challenge to the scoring criteria for the award of contracts for publicly funded legal services.
  • Advised various public bodies on discrimination issues, the application of the public sector equalities duties and the principle of equal treatment (led and unled).

Public procurement

  • Hereward & Foster v Legal Services Commission [2010] EWHC 3370 (Admin) – see under ‘Equality & discrimination’ above.
  • Instructed by the LSC (unled) in judicial reviews of the conditions for applications for the Unified Contract (Crime) July 2008, all of which were defended successfully.
  • Instructed (unled) by a local authority in relation to threatened challenges to tendering procedures for services.
  • Advised (led and unled) on the application of public procurement directives to a range of sectors and industries, including defence procurement, legal services, languages training and television programmes.

European Union law

  • Eventech Ltd v Parking Adjudicator & others [2012] EWHC 1903 (Admin) – see under ‘Transport’ above.
  • WHA v HMRC [2013] UKSC 24 – acted for HMRC (with Jonathan Peacock QC and Aidan Robertson QC) in the pre-hearing stages before the Supreme Court. Issues raised by the appeal concerned, among other things, the application of the ECJ's Halifax judgment on ‘abuse of right'.
  • R (Imperial Tobacco Limited & others) v Secretary of State for Health – instructed (with David Anderson QC) in the judicial review of the ban on the display of tobacco products.
  • Office of Fair Trading v Abbey National plc & others [2009] UKSC 6 – see under ‘Consumer protection’ above.
  • Office of Fair Trading v Foxtons Limited [2009] EWHC 1681 (Ch) – see under ‘Consumer protection’ above.

Public Law

Sarah has acted for and advised both applicants and respondents in judicial reviews and other proceedings. Some of the matters on which she is working and has worked are listed below.

Regulatory judicial reviews

  • Eventech Ltd v Parking Adjudicator & others [2012] EWHC 1903 (Admin) – instructed by TfL (with Martin Chamberlain QC) in its successful defence of a challenge by minicab firm Addison Lee to TfL’s policy preventing minicabs from using bus lanes. The claimant alleged breaches of Articles 49 and 56 TFEU, breach of the principle of equal treatment, Wednesbury irrationality and unlawful State aid. The case is currently before the Court of Appeal.
  • Salt Union Ltd v Health and Safety Executive & another [2012] EWHC 2611 (Admin) – instructed (with Martin Chamberlain QC) for the HSE, which successfully defended an application for permission to judicially review a decision that a pre-construction safety report for an underground gas storage facility was acceptable and contained the information required by the Control of Major Accidents Hazards Regulations 1999.
  • Government Actuary’s Department v Pensions Ombudsman [2012] EWHC 1796 (Admin) – instructed by the Government Actuary’s Department (with Martin Chamberlain QC) in a judicial review of a decision by the Pensions Ombudsman as to his jurisdiction over complaints in respect of the Firefighters’ Pension Scheme.
  • BAA Ltd v Competition Commission [2012] EWCA Civ 1077 – instructed as junior counsel for Ryanair, which supported the Competition Commission's successful defence of BAA’s appeal against the July 2011 report requiring it to sell Stansted Airport. Sarah acted both in the CAT proceedings ([2012] CAT 3) and in the subsequent appeal.
  • Competition Commission v BAA Ltd [2010] EWCA Civ 1097 – instructed for Ryanair (with Daniel Jowell QC) in support of the Competition Commission's successful appeal against the CAT’s judgment quashing the March 2009 report on UK airports, having previously been instructed (with Daniel Jowell QC) in the CAT proceedings ([2009] CAT 35).

Transport

  • Eventech Ltd v Parking Adjudicator & others [2012] EWHC 1903 (Admin) – see under ‘Regulatory judicial reviews’ above.
  • BAA Ltd v Competition Commission [2012] EWCA Civ 1077 – see under ‘Regulatory judicial reviews’ above.
  • Competition Commission v BAA Ltd [2010] EWCA Civ 1097 – see under ‘Regulatory judicial reviews’ above.
  • First Essex Buses Ltd v (1) Secretary of State for Transport and (2) Essex County Council [2009] EWHC 3024 (Admin) – instructed for the Claimant (with Jonathan Crow QC) in a challenge to the Secretary of State for Transport's conduct of statutory appeals procedures.
  • R (o.a.o. London Borough of Wandsworth & others) v Secretary of State for Transport [2008] EWHC 1292 (Admin) – instructed (with John Howell QC and Martin Chamberlain QC) for the Secretary of State in a successful defence of a challenge to the decisions on night flying restrictions at Heathrow Airport.
  • Heathrow Airport Ltd & others v Garman & others [2007] All ER (D) 28 (Aug) – instructed (with Martin Chamberlain QC) by TfL and London Underground Limited in relation to Heathrow Airport's claim for an injunction to prevent disruption by environmental protesters. Successfully resisted a wide-ranging injunction.
  • Acted for a rail operator in a challenge to the charging for police services by the British Transport Police Authority (with Jonathan Crow QC).

Environment

  • Salt Union Ltd v Health and Safety Executive & another [2012] EWHC 2611 (Admin) – see under ‘Regulatory judicial reviews’ above.
  • R (o.a.o. London Borough of Wandsworth & others) v Secretary of State for Transport [2008] EWHC 1292 (Admin) – see under ‘Transport’ above.
  • Heathrow Airport Ltd & others v Garman & others [2007] All ER (D) 28 (Aug) – see under ‘Transport’ above.

Human rights & civil liberties

  • Assisted Jemima Stratford QC in relation to several ECtHR cases involving child care proceedings, in which issues arose under Articles 6 and 8 ECHR. These included:
    • RP v UK (App No. 38245/08), which concerned the fairness of role of Official Solicitor in child care proceedings
    • R and H v UK (App No. 35348/06), which concerned whether the making by the High Court of Northern Ireland freeing a child for adoption without the parents’ consent was a disproportionate interference with their rights under Article 8 ECHR.
  • Heathrow Airport Ltd & others v Garman & others [2007] All ER (D) 28 (Aug) – see under ‘Transport’ above.
  • Sarah has been instructed in many judicial reviews (including immigration claims) in which human rights issues – in particular, issues under Article 8 ECHR and under Article 1, Protocol 1 ECHR – have arisen.

Public procurement

  • Hereward & Foster v Legal Services Commission [2010] EWHC 3370 (Admin) – instructed by the LSC (with Martin Chamberlain QC) resisting a sex discrimination challenge to the scoring criteria for the award of contracts for publicly funded legal services.
  • Instructed by the LSC (unled) in judicial reviews of the conditions for applications for the Unified Contract (Crime) July 2008, all of which were defended successfully.
  • Instructed (unled) by a local authority in relation to threatened challenges to tendering procedures for services.
  • Advised (led and unled) on the application of public procurement directives to a range of sectors and industries, including defence procurement, legal services, languages training and television programmes.

Information & data protection

  • Wendy Stephen v (1) Information Commissioner and (2) Legal Services Commission EA/2008/0057 – instructed for the LSC (unled) in its first, successful, appearance before the Information Tribunal, in which its decision to refuse disclosure of information on the basis of the exemption in section 44 of the Freedom of Information Act 2000 was upheld.
  • Advised on the application of the Data Protection Act 1998 to USAID's proposed ‘Partner Vetting Scheme' for nongovernmental organisations (with Jemima Stratford QC and Maya Lester).

Commercial

Sarah’s county court advocacy has included a range of commercial disputes. Larger commercial litigation matters on which she has been instructed include:

  • Office of Fair Trading v Abbey National plc & others [2009] UKSC 6 – instructed by the OFT (with Jonathan Crow QC, Jemima Stratford QC and Richard Coleman QC) in the ‘Bank Charges’ litigation, which concerned whether unarranged overdraft charges could be assessed for fairness under the Unfair Terms in Consumer Contracts Regulations 1999.
  • Office of Fair Trading v Foxtons Limited [2009] EWHC 1681 (Ch) – instructed by the OFT (with Nicholas Green QC and Helen Davies QC) in its successful case against Foxtons concerning the fairness of clauses in its contracts with landlords.
  • British Energy Power and Energy Trading Ltd & others v Credit Suisse & others [2008] EWCA Civ 53 – appeal from [2007] EWHC 1428 (Comm) on whether the restrictions in an option agreement, which was part of a wider financial restructuring arrangement, prohibited a lending bank from exercising its option on the direction of or for the benefit of sub-participants (with Jonathan Sumption QC).

Qualifications

  • Bar Vocational Course, BPP Law School - Outstanding, finished 3rd in year (2006)
    • Queen Mother's Fund Scholarship for Bar Vocational Course, Middle Temple (2005)
  • Postgraduate Diploma in EC Competition Law, King's College (2006)
  • Graduate Diploma in Law, City University - Distinction, finished 1st in year (2005)
    • Baron Dr Ver Heyden de Lancey Prize for the Bar Vocational Course, Middle Temple (2006)
    • 3 Verulam Buildings Prize for best overall examination results in Graduate Diploma in Law, City University (2005)
    • Winner, European Law Students' Association WTO Moot Court Competition (2005); also winner of prizes for best written memorials and UK round
    • Queen Mother's Fund Scholarships for Graduate Diploma in Law and Harmsworth Entrance Award, Middle Temple (2004)
  • Michael von Clemm Scholar, Graduate School of Arts and Sciences, Harvard University (2002-03)
  • MA (Oxon) Philosophy, Politics & Economics, Magdalen College, University of Oxford - First Class Honours, finished 1st in year (2002), Distinction in Preliminary Examinations (1999)
    • Hicks and Webb Medley Prize for Economics (best in year) in Final Examinations, University of Oxford (2002)
    • Proxime accessit to the Gibbs Prize for Politics (runner up) in Final Examinations, University of Oxford (2002)
    • Gibbs Prize for Politics (best in year) in Preliminary Examinations, University of Oxford (2000)

Publications

Law publications

  • Blakeley R, Knight C, Love S, The New Tribunals Handbook. Bloomsbury Professional, 2011
  • Contributor to Brealey QC, Green QC (general eds),Competition Litigation. UK Practice and Procedure. OUP, 2010
  • Love S. The Merger Action Group Case. (2009) Competition Law Journal 8(2), 107
  • Robertson A, Lester M, Love S. Judicial review in the United Kingdom of Competition and State Aid Decisions - Part I. [2007] 10 ECLR 553
  • Robertson A, Lester M, Love S. Judicial review in the United Kingdom of Competition and State Aid Decisions - Part II. [2007] 11 ECLR 585

Selected economics publications

  • Love S. Fiscal policy: principles and practice. Economic Review 2004; 22
  • Emmerson C, Frayne C, Love S. Updating the UK's code for fiscal stability. IFS Working Paper W04/29, November 2004
  • Emmerson C, Frayne C, Love S. A Survey of Public Spending in the UK. IFS Briefing Note No. 43, updated September 2004
  • Emmerson C, Frayne C, Love S. The government's fiscal rules. IFS Briefing Note No. 16, updated August 2004
  • Contributor to Chapters 2, 3 and 7 of Chote R, Emmerson C, Oldfield Z (eds). The IFS Green Budget: January 2004
  • Clark T, Elsby M, Love S. Trends in British public investment. Fiscal Studies 2002; 23: 305-42.

Directory Quotes

"She produces particularly good written work and has excellent client-handling skills." (Chambers & Partners 2017)

"She really understands the detail of a case and is able to provide very good tactical litigation advice." (Chambers & Partners 2016)

"Clients describe Sarah Love as "fantastic" and "very good at getting straight to the point."" (Chambers & Partners 2013)

"Sarah Love is valued for her background in economics and the attendant depth that this brings to her knowledge of the competition law world. She is considered "a really excellent junior and somebody I would consistently use."" (Chambers & Partners 2013)

"Sarah Love is hailed as "a star of the future." An individual with an economics background, she has made a fine practice for herself encompassing cases relating to competition, administrative law and regulatory issues. Sources say "she is fearsomely intelligent and produces brilliantly drafted documents." " (Chambers & Partners 2012)

"Sarah Love impresses market commentators with her "excellent written work." She acted for BT in the Pay TV proceedings relating to Ofcom's decision to impose a wholesale must offer remedy on Sky." (Chambers & Parnters 2012)


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