Jana Sadler-Forster

Instructed for a CMC by the Claimant in a trafficking and domestic servitude case in which it is alleged that the Defendant was in breach of its positive obligations under Article 4 ECHR. 

Junior counsel representing a large company in a matter involving A1P1 rights and issues of immigration law.

Challenge to the legality of the Quality Assurance Scheme for Advocates. Jana was instructed in the first instance case in the Administrative Court, and on appeal to the Court of Appeal and the Supreme Court. While the appeal was ultimately dismissed, the Supreme Court agreed with the Appellants’ interpretation of the application of the proportionality principle and in so doing redefined the parameters of judicial review in the EU law context. Counsel for the Claimant appeared pro bono (junior counsel to Dinah Rose QC, Tom de la Mare QC, Mark Trafford QC, Charlotte Kilroy and Tom Richards).

Successfully represented the FCA in a county court hearing of a claim brought by a formerly regulated firm, involving a dispute as to extent of the FCA’s obligations under FSMA. 

Successfully advised an individual in relation to an investigation into his conduct by his professional regulator, the Institute of Chartered Accountants in England and Wales (ICAEW). This ultimately resulted in the ICAEW closing all investigations against the individual.

Successfully represented an individual in relation to Fitness to Practise proceedings brought by their professional regulator, the Health and Care Professions Council (HCPC). The HCPC concluded, after hearing expert evidence, that the individual’s fitness to practise was not impaired (junior counsel to Kate Gallafent QC). 

Junior counsel advising a large electricity supplier in relation to a dispute with its regulator. 

Successfully defended the FCA in an application for judicial review in relation to a decision not to take action under Regulation EC No. 2006/2004 on Consumer Protection Cooperation. Application for permission refused by the High Court on the papers as ‘totally without merit’. Application for permission refused on the papers by the Court of Appeal.

Junior counsel advising the FCA on an application for authorisation under FSMA.

Junior counsel representing a large company in a matter involving A1P1 rights and issues of immigration law.

Advising a retired stockbroker on the application of the FCA’s rules on inducements and adviser charges to payments made to him under an agreement with his former employer. 

Advising an insurance firm on whether a proposed acquisition was compatible with the Prudential Regulation Authority’s rule on internal contagion (junior counsel to Pushpinder Saini QC).

Advising an individual in a complaint against their mortgage provider before the Financial Ombudsman Service. 

Advising Her Majesty’s Inspectorate of Constabulary (HMIC) on information-sharing powers. 

Advising HMIC in relation to its inspection reports. 

Advising the Electoral Commission on its elections guidance.

Advising the BBC on legal privilege in relation to an investigation. 

Successfully advised an individual in relation to an investigation into his conduct by his professional regulator, the Institute of Chartered Accountants in England and Wales (ICAEW). This ultimately resulted in the ICAEW closing all investigations against the individual.

Successfully represented an individual in relation to Fitness to Practise proceedings brought by their professional regulator, the Health and Care Professions Council (HCPC). The HCPC concluded, after hearing expert evidence, that the individual’s fitness to practise was not impaired (junior counsel to Kate Gallafent QC). 

Advising a retired stockbroker on the application of the FCA’s rules on inducements and adviser charges to payments made to him under an agreement with his former employer. 

Resisting Appellant’s appeal against a decision of the GMC’s Fitness to Practise Panel that the Appellant’s fitness to practise was impaired by reason of sexual misconduct such that his name should be erased from the Medical Register (assisting Kate Gallafent QC).

Defending a proposed judicial review of a number of decisions of the ICAEW, brought by a member in relation to ongoing disciplinary proceedings against her (assisting Kate Gallafent QC).

Successfully represented the FCA in a county court hearing of a claim brought by a formerly regulated firm, involving a dispute as to extent of the FCA’s obligations under FSMA. 

Successfully defended the FCA in an application for judicial review in relation to a decision not to take action under Regulation EC No. 2006/2004 on Consumer Protection Cooperation. Application for permission refused by the High Court on the papers as ‘totally without merit’. Application for permission refused on the papers by the Court of Appeal.

Junior counsel advising the FCA on an application for authorisation under FSMA.

Advising a retired stockbroker on the application of the FCA’s rules on inducements and adviser charges to payments made to him under an agreement with his former employer. 

Advising an insurance firm on whether a proposed acquisition was compatible with the Prudential Regulation Authority’s rule on internal contagion (junior counsel to Pushpinder Saini QC).

Advising an individual in a complaint against their mortgage provider before the Financial Ombudsman Service. 

Judicial review of a decision of the Financial Services Ombudsman to accept jurisdiction over a complaint by an investor in a forex trading account against the managers of that account (assisting Andrew George QC).

Acting for a number of IFAs in proceedings in the High Court brought by the Financial Services Compensation Scheme to recover significant sums of money paid out to retail investors who had invested in financial products packaged and marketed by the financial services firm, Keydata (assisting Mark Vinall).

Advising a client on whether their proposed business model amounted to provision of regulated financial services under the Financial Services and Markets Act 2000 (assisting Andrew George QC).

Advising a claimant in a constructive dismissal claim against her ex-employer, at which she had held a senior managerial position. 

Appeared pro bono on behalf of the Claimant in his Employment Tribunal claim for unlawful deduction of wages.

Appeared on behalf of the Defendant in this Employment Tribunal claim for unpaid invoices. The claim involved a dispute about the Employment Tribunal’s jurisdiction, on the issue of whether the Claimant was an ‘employee’ or ‘worker’.

Assisted Diya Sen Gupta, who was instructed to defend an unfair dismissal claim brought by the former head of the collateral debt obligations desk, dismissed for gross misconduct (assisting Diya Sen Gupta).

Employment Tribunal unfair dismissal claim by the former head of Structured Funding. Assisted in defending the claim on behalf of Barclays Capital on the basis of genuine redundancy (assisting Diya Sen Gupta). 

Successfully applied to the Court of Appeal for permission to appeal the Employment Appeal Tribunal’s findings on disability discrimination and costs. Court of Appeal case reported at Sud v London Borough of Ealing [2013] EWCA Civ 949 (assisting Diya Sen Gupta).

Instructed by the Lawn Tennis Association (LTA) to defend a claim of race discrimination under the Race Relations Act 1976 and Equality Act 2010 (junior counsel to Kate Gallafent QC).

Acting for the LTA in a disciplinary matter concerning an umpire’s involvement in ticket touting, before the Sports Dispute Resolution Panel (assisting Kate Gallafent QC).

Successfully represented one side of a Taiwanese family in a four week Chancery Division trial, over the ownership of a valuable piece of land in Taiwan. The trial involved serious allegations of fraud, multiple witnesses and expert evidence on Seychelles law (junior counsel to Andrew Green QC). 

Instructed on behalf of the Defendant, a spread betting company, in a claim against it in the Commercial Court relating to an internet-based foreign exchange trading scheme, worth £10 million (junior counsel to Andrew Hunter QC and Andrew George QC). 

Successfully defended the Defendant, Calor Gas, in a County Court claim against it for compensation, arising from an interruption to the Claimant’s gas supply. 

Appeared on behalf of a Claimant in its procedural application for service out of the jurisdiction, relying on Article 23 of the Judgments Regulation (EC no. 44/2001).

Challenge to the legality of the Quality Assurance Scheme for Advocates. Jana was instructed in the first instance case in the Administrative Court, and on appeal to the Court of Appeal and the Supreme Court. The point appealed to the Supreme Court concerned the effect of Regulation 14 of the Provision of Services 2009/2999 and the application of the Services Directive 2006/123/EC. While the Appellants lost on the facts, the Supreme Court accepted their submissions on the law, disapproving Sinclair Collis [2011] EWCA Civ 437 and redefining the parameters of Judicial Review in the EU context.  Counsel for the Claimant appeared pro bono (junior counsel to Dinah Rose QC, Tom de la Mare QC, Mark Trafford QC, Charlotte Kilroy and Tom Richards). 

Successfully defended the FCA in an application for judicial review in relation to a decision not to take action under Regulation EC No. 2006/2004 on Consumer Protection Cooperation. Application for permission refused by the High Court on the papers as ‘totally without merit’. Application for permission refused on the papers by the Court of Appeal.

Appeared on behalf of a Claimant in its procedural application for service out of the jurisdiction, relying on Article 23 of the Judgments Regulation (EC no. 44/2001).

Application for permission to appeal to the Court of Appeal from a decision of the Upper Tribunal (Immigration and Asylum Chamber) on grounds of an unlawful extension of the principles set out in Case C-34/09 Zambrano v Office national de l’emploi [2011] ECR I-1177 and the application of Article 12 of Regulation (EEC) No. 1612/68 on a child’s right of access to education (assisting Brian Kennelly QC).

Advising a large animal rights charity in relation to an ongoing challenge to the legality of the approach of the European Chemicals Agency under Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals to testing on vertebrate animals (assisting Brian Kennelly QC). 

Advising a client on the impact of the EU and US sanctions regimes on a proposed business transaction with an Iranian company (assisting Brian Kennelly QC).