Gemma White KC

Appeared for the Secretary of State for the Home Department on an appeal concerning the rules applicable to the recognition of the marriage of an EU national to a national of a third country, the marriage having taken place by proxy in that country.

Appeared in Court of Appeal led by James Eadie QC on behalf of HMRC in the lead cases on the legality of Accelerated Payment Notices issued under the provisions of the Finance Act 2014.

Appeared on behalf of HMRC in case concerning the legality of Accelerated Payment Notices requiring the Claimants to pay tax they had avoided by making use of tax avoidance schemes known as Contractor Loans Schemes. 

Advised a firm of solicitors and drafted an appeal to HMRC against a notice served on the firm under the provisions of Schedule 23 to the Finance Act 2011 requiring it to provide HMRC information in relation to the beneficial ownership of offshore entities.

Appeared for the Youth Justice Board and Secretary of State for Justice resisting an application for judicial review of their decision to decommission Ashfield Young Offenders Institute. The child claimant contended that closure would breach his rights under Article 8 ECHR as he would be detained further from his family.

Acted for the Secretary of State resisting an application for judicial review challenging the Secretary of State's decision to detain the claimant. The issue in the case was whether a mistake of law could amount to "reasonable grounds" for suspecting that the claimant was a person in respect of whom removal directions could be given.

Appeared for the Secretary of State for the Home Department on an appeal concerning the rules applicable to the recognition of the marriage of an EU national to a national of a third country, the marriage having taken place by proxy in that country.

Instructed as Advocate to the Court in a case concerning the extent of the inherent jurisdiction of the Family Division of the High Court in relation to extradition for contempt of court in family proceedings.

Instructed by the Secretary of State for Justice resisting a claim challenging the rules relating to prison uniform.

Instructed by the Care Quality Commission on a judicial review challenge to decisions which led to the closure of Bootham Park Hospital in York. The Claimants withdrew their claim shortly before the hearing.

Appeared for HMRC on a case concerning the appropriate principles to be applied to grating interim relief to large number of claimants who had applied for judicial review of HMRC’s decisions to issue them with Accelerated Payment Notices under the provisions of the Finance Act 2014.

Acting for HMRC in a large number of multi-claimant claims for judicial review arising out of the Accelerated Payment Notice (“APN”) provisions of the 2014 Finance Act which require users of tax avoidance schemes to make payments on account pending resolution of disputes about the efficacy of the scheme in question.

Appeared, led by James Eadie QC, on appeal to the Court of Appeal and Supreme Court relating to the Secretary of State for Work and Pensions’ housing benefit reforms (known as the “Removal of the Spare Room Subsidy”). The main issue in the case was whether the reforms discriminated against the claimants by reason of disability contrary to Article 14 ECHR.

Appeared on behalf of the Secretary of State for Education resisting a challenge, brought by parents and children supported by the British Humanist Association, to the new Religious Studies GCSE subject content. The claimants contended that the Secretary of State had breached their rights under Article 2 of the First Protocol ECHR by asserting that schools could discharge their statutory obligations to teach religious education by providing a GCSE in accordance with the new content.

Appeared for the Governor of HMP Grendon resisting an application for habeas corpus made by a prisoner who contended that the sentencing judge had no power to impose a sentence of imprisonment for public protection.

Appeared on behalf of the Disclosure and Barring Service in a case concerning the Court of Appeal’s jurisdiction to entertain an application for permission to appeal from the Upper Tribunal’s refusal of permission to appeal in respect of a decision to place a person on the children and adults’ barred lists.

Appeared on behalf of the Secretary of State for Transport and Secretary of State for Defence in a claim concerning the safety standards applicable to the use by civilian aircraft of RAF Northolt.

Appeared, on behalf of the Disclosure and Barring Service, in the Upper Tribunal resisting an appeal from its decision to place a teacher on the Children’s Barred List as a result of his inappropriate sexual contact with a pupil. 

Appeared for HMRC on an application for judicial review of a Coroner’s notice requiring HMRC to provide an occupational history of a deceased taxpayer. The main issue in the case was whether the Coroners and Justice Act 2009 binds the Crown by necessary implication, such that HMRC could provide the occupational history without breaching its duty of confidentiality under s18 Commissioners for Revenue and Customs Act 2005.  

Appeared for the Department of Health resisting an appeal from a decision of the Information Commissioner upholding its refusal to provide information relating to the performance of pharmaceutical companies under the Pharmaceutical Price regulation Scheme. The case required consideration of the form in which information should be provided pursuant to s11 Freedom of Information Act 2000 and the exemptions for confidential and commercially sensitive information. 

Advised on and settled summary grounds defending a number of linked challenges to decisions taken as a result of the Secretary of State for Justice’s review of the custodial estate for women.

Appeared, led by James Eadie QC, on behalf of the Commissioners for Revenue and Customs, resisting an application for judicial review of a settlement reached by HMRC with Goldman Sachs.

Appeared on behalf of the Ministry of Defence resisting an appeal from the decision of the Information Commissioner upholding the MoD refusal (on the basis of the FOIA exemption for legal professional privilege) to disclose a legal opinion relating to the compatibility of the courts of the UK Sovereign Base Area in Cyprus with the ECHR. 

Appeared on behalf of the Home Office resisting an appeal from a decision of the Information Commissioner upholding the Home Office’s refusal to disclose the identities of individuals performing specific functions under the Regulation of Investigatory Powers Act 2000. The case addressed a number of exemptions under the Freedom of Information Act 2000 including s23 (national security), s31 (prejudice to the prevention or detection of crime) and s38 (prejudice to health or safety). 

Advised on issues arising under the Data Protection Act 1998 in connection with disclosure of documents in foreign legal proceedings. 

Gemma has advised and settled summary grounds of defence in a number of cases in which private providers of higher education courses have sought permission to challenge the Secretary of State’s decisions in relation to the designation of their courses (course designation being required for students to be eligible for student finance). None of the claimants were granted permission to apply for judicial review. 

Appeared on behalf of the Secretary of State for Education resisting a challenge, brought by parents and children supported by the British Humanist Association, to the new Religious Studies GCSE subject content. The claimants contended that the Secretary of State had breached their rights under Article 2 of the First Protocol ECHR by asserting that schools could discharge their statutory obligations to teach religious education by providing a GCSE in accordance with the new content.

Gemma has advised and settled summary grounds of defence in a number of cases in which private providers of higher education courses have sought permission to challenge the Secretary of State’s decisions in relation to the designation of their courses (course designation being required for students to be eligible for student finance). None of the claimants were granted permission to apply for judicial review. 

Advised on various matters relating to the provision and repayment of student loans and drafted summary grounds resisting claims brought by students.

Appeared, on behalf of the Disclosure and Barring Service, in the Upper Tribunal resisting an appeal from its decision to place a teacher on the Children’s Barred List as a result of his inappropriate sexual contact with a pupil. 

Advised on a case concerning the effects of non-compliance by an independent school with the Education (Independent School Standards) (England) Regulations 2010 and an appeal to the First tier Tribunal from the Secretary of State’s decision that the school should be removed from the register of independent schools.

Chaired an independent school appeal panel considering the appeal of a parent against the head teacher's refusal to institute an appeal to the relevant examination boards in relation to his against his child's A level results.

Conducted a review of and produced a report on safeguarding procedures and practices in a sports body

Advised a head teacher in connection with a proposed challenge to an Ofsted report.

Investigated and reported on a grievance and whistle-blowing complaint brought against a head teacher by  the school bursar

Represented an Oxford College resisting a student's appeal to the Conference of Colleges Appeal Tribunal against its decision that the student be sent down

Gemma is currently instructed by HMRC in a large number of judicial review claims in which multiple claimants are bringing challenges to Accelerated Payment Notices issued to them in respect of their use of tax avoidance schemes. The claimants contend, amongst other things, that their rights under Article 6 and Article 1 Protocol 1 ECHR have been breached. 

Appeared on behalf of the Secretary of State for Education resisting a challenge, brought by parents and children supported by the British Humanist Association, to the new Religious Studies GCSE subject content. The claimants contended that the Secretary of State had breached their rights under Article 2 of the First Protocol ECHR by asserting that schools could discharge their statutory obligations to teach religious education by providing a GCSE in accordance with the new content.

Appeared, led by James Eadie QC, on appeal to the Court of Appeal and Supreme Court relating to the Secretary of State for Work and Pensions’ housing benefit reforms (known as the “Removal of the Spare Room Subsidy”). The main issue in the case was whether the reforms discriminated against the claimants by reason of disability contrary to Article 14 ECHR.

Appeared for the Youth Justice Board and Secretary of State for Justice resisting an application for judicial review of their decision to decommission Ashfield Young Offenders Institute. The child claimant contended that closure would breach his rights under Article 8 ECHR as he would be detained further from his family.