Introduction
Jane Sarginson is an exceptional and highly experienced barrister with a proven track record of success in prosecution and defence advocacy, specialising in regulatory and criminal work. She has particular expertise and interest in Information and Data Privacy Law, with first-hand experience of helping organisations implement strategies to ensure compliance and providing practical and accessible training, incisive advice and robust representation in this area.
She is exemplary in her ability to analyse, prepare and present cases, being able to communicate and negotiate, manage and work with others, plan and organise workloads and give appropriate legal advice. With a keen and analytical mind, Jane is ideal for those cases which require an eye for the presentation of complex material in user friendly form
Jane is passionate about the common law adversarial system in this country and is motivated by her keen sense of justice. Jane excels in communication with those who are particularly vulnerable. She is a tenacious but efficient and effective advocate, with the ability to alter her approach according to the nature of the case. She is highly practical, commercially aware and, when necessary, pragmatic.
Information and Data Privacy
Between October 2016 and February 2018, Jane took an in-house position working on secondment for Cadent Gas Limited in their General Counsel team where she dealt with many aspects of the business including Health and Safety, Business Conduct, the Environmental Information Regulation and Data Privacy. Embedded within a Company for over a year, Jane has the advantage of understanding the commercial pressures and requirements of a highly regulated business, and the need to find solutions that satisfy all stakeholders.
Whilst at Cadent, she played a major role in creating and implementing a series of strategies to ensure the company was ready for the changes in the Data Privacy legislation including the General Data Protection Regulation (GDPR) and the e-privacy directive. Drawing on this experience, Jane has gone on to study this area of law extensively. She is an accredited EU General Data Protection Regulation Practitioner, recognised by the International Board for IT Governance Qualifications. She is frequently approached for comment by the press on developments in this area.
Jane has addressed solicitor audiences and audiences comprised of solicitors’ commercial clients on the topic of General Data Protection Regulation, provided bespoke advice to private and public sector organisations on compliance and their obligations in this area and has devised and delivered training material on data law. She has advised both those seeking to make and resist SARs, advised as to liability and quantum in situations where data breaches are alleged and has appeared on behalf of interested parties in proceedings before the First Tier Tribunal, some of which have involved the ICO.
Crime
Having practiced in general criminal work for over 20 years cases, Jane thrived on a busy practice prosecuting and defending a whole array of offence types including allegations of murder, armed robbery, firearms offending, sexual offending, fraud, money laundering and drugs. She is well versed in handling vulnerable witnesses and defendants, and she is an able and articulate advocate.
Since 2016 she became more focussed on public and regulatory work and now works almost exclusively in that field. As a result Jane does not accept work that is subject to public funding but will on occasion accept general criminal cases on a privately funded basis.
Regulatory and Disciplinary
Since 2016 Jane has developed a national regulatory practice providing specialist pre charge advice and representation for both prosecuting authorities and the defence. Her experience of regulatory work is broad and includes
- trade descriptions and counterfeit goods,
- unfair commercial practices and unfair trading,
- fraud and fraudulent trading,
- POCA
- product safety,
- food safety and food standards
- animal welfare cases
- animal suffering
- seizure and disposal
- sales and boarding of pets
- farm animals and breach of TB and other regulations
- unlawful importation of animals and breach of rabies regulations
- planning breach prosecutions (in particular listed buildings)
Examples:
R v MAL – Instructed jointly by two local authorities to prosecute MAL for puppy importation, selling without a license, home slaughter of farm animals, and welfare offences. Convicted following a 6 week trial in the Magistrates Court
R v BB – Pre charge advice provided on charges and prosecution of a company for wholesale disregard of planning legislation relating to a prominent listed building
R v ABM – Defended a company charged with food safety offences – submissions that summonses issued were a nullity, and the prosecution an abuse of process
R v P – Pre charge advice on charges and prosecution of a builder for Fraud, Fraudulent trading and CPUT offences regarding work promised to a series of vulnerable home owners.
R v G,B and W Farms a case involving a dairy farm, unregistered movements of calves, welfare and breach of TB and other regulations
Licensing
Jane has a growing practice in this field and has experience in providing advice in matters concerning compliance with licensing conditions, the conduct of the licensing authority when issuing a license and in the prosecution of cases involving breach of license conditions
Jane has experience in prosecuting and defending taxi license appeals in both before the Magistrates and the Crown Court
Statutory Nuisance , Appeals and breaches of enforcement and prohibition notices
Jane has experience in advising on a variety of Statutory Nuisance issues including
- Prosecution on behalf of authorities in relation to noise
- Private prosecution on behalf of the individual in relation to noise
- Appealing an abatement notices in relation to smell on behalf of the Client
Jane also has experience in prosecution and defending breaches of enforcement and prohibition notices under a variety of regulations
Disciplinary Tribunals
Jane has experience in representing professionals appearing before their respective professional bodies including the Teachers Regulatory Agency and the Farriers Regulation Council
Examples:
R v D – Defended a farrier appearing before the FRC. Advised pre hearing narrowing down issues which resulted in the Council taking no action
R v I Defended one of three teachers appearing before the Teachers Regulatory Agency in a six day hearing regarding allegations of paying pupils to mark other pupils work.
Data Protection, PECR, Freedom of Information and Environmental Information Regulations
Having assisted in the implementation of UK GDPR compliant system in a national utility company Jane went onto provide training and assistance to a multitude of companies and Chambers helping them to ensure compliance. This work created a Data Protection work stream resulting in appearing before the First Tier Information Tribunal dealing with a number of issues in this field.
Examples:
- LA, ICO and M : Defending an LA decision to refuse to provide information following receipt of a Subject Access Request from M
- ICO, CQC v H: Representing H in his quest for information following an FOIA regarding the CQC’s own conduct
- LA v EL: Representing the Claimant as regards an advice on quantum following a Dr’s accidental sending of a psychiatric report to a near neighbour (also a patient) with whom the claimant had a grievance
Inquests
Jane has a particular interest in inquests with experience in Article 2 inquests, those focussing on medical issues, care homes, infections diseases (legionnaires) and RTA’s. Jane provides advice at all stages of the inquest process including advice on being an interested party, submitting expert evidence to the Coroner, pre inquest reviews, disclosure and representing parties at the final hearing whether it be with a jury or not.
Examples:
- A number of care home inquests examining the extent of a carer’s knowledge and responsibilities as regards the provision of medical care rather than personal care
- A hospital death involving the potential failure of nurses to follow protocol
- Paramedic as regards the care provided to a baby before admission to hospital
- A young driver in a fatal RTA regarding the police approach to prosecution
- A companies health and safety regime and protocols regarding a death from legionnaires disease
Health and Safety
Jane has experience in health and safety cases including those involving minor regulatory breaches dealt with by magistrates through to more serious and complex matters heard in the Crown Court including those involving fatalities:
Examples:
R v B Defended the business owner regarding the fall of a colleague through the roof causing serious injury and then death some weeks later
R v NCC Defended the Council when serious injury caused to a member of the public by employee of the Council who drove over him with a tractor in the park
R v HB Prosecuted a company following a fatal accident when delivery driver was caught up in loading mechanism on the back of a lorry
In house investigation
During a period of secondment working in house for a national utility company, Jane gained a wealth of knowledge regarding the business approach to compliance and implementation of policy protocols and systems of work. She was also introduced and has developed a work stream arising out of a range of business conduct investigations resulting in fact find reports for use by the business. These investigations have ranged from relatively minor matters to more complex matters involving multiple individuals working together, trade unions and third parties. She has experience in fraud, fraudulent behaviour, gross misconduct, expense claims, time sheets, promotion procedures, conflicts of interest, procurement.
Education
Manchester University – Joint Honours in Pharmacology and Psychology
The College of Law – Common Professional Examination
International Board for IT Governance Qualifications – ‘EU GDPR Practitioner’
MEMBERSHIP
- Criminal Bar Association
- Health and Safety Lawyers Association
- Institute of Licensing
- Association of Regulatory and Disciplinary Lawyers
