Sarah Clarke

Gatehouse Chambers

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

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 by suspects and non-suspects.

Financial Services

How to appeal a civil directors' disqualification order

Practice notes

This Practice Note, produced in partnership with Sri Carmichael and Sarah Clarke of Gatehouse 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.

Restructuring & Insolvency

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.

Financial Services