Education & Professional Qualifications
QC 2008
Advocate 1994
DipLP, Edinburgh University, 1990
LLB with Distinction, Edinburgh University, 1989 (John Hastie Scholarship)
BA Summa cum Laude, Dartmouth College, New Hampshire, 1984
Professional Career to date
Devilmasters: John Sturrock QC, Donald Rae, Ian M Duguid QC
2008: QC
1996-2008: Standing Junior Counsel to the Department of Trade and Industry
1994: Admitted as an Advocate
1989-1995: Tutor, Commercial Law and European Law, Edinburgh University
1992-1993: Solicitor, Bank of Scotland
1990-1992: Trainee, Morton Fraser & Milligan. W.S.
Professional Experience
Sarah Wolffe QC is widely instructed in complex and difficult cases in both commercial and public law. She has acted for the United Kingdom Government in relation to devolution issues and for HMRC in the VAT Tribunal and First Tier Tribunal (Tax Chamber) and in the Inner House. She was Standing Junior Counsel to the Department of Trade and Industry from 1996 to 2008. She has acted for local authorities and others in cases involving Convention rights and questions of Community law, as well as licensing, planning, property dealings and judicial review. Her commercial work has included banking law, interpretation of commercial contracts, insurance law, insolvency law and shareholders’ remedies.
Courts & Tribunal Experience
Sarah Wolffe QC has appeared in the Judicial Committee of the Privy Council, the House of Lords, the Criminal Appeal Court, the High Court of Justiciary, the Inner House of the Court of Session, the Outer House of the Court of Session, the sheriff court and statutory tribunals (in particular the Lands Tribunal and First Tier Tribunal (Tax Chamber)).
Sarah is an accredited mediator.
Appointments & Memberships
Current: Ad hoc Advocate Depute
Current: Member of the Faculty’s Review Response Group (overseeing Faculty submissions on Law Reform and other consultations)
Current: Member of Panel of Advocates assisting with Training and Education of Devils
Current: Prosecuting Counsel, Faculty of Advocates Discipline Tribunal
2004-date: Chancellor to the Bishop of Argyll & and the Isles
2006 to date: Procurator to the Scottish Episcopal Church
2005 to 2011: Member, Faculty of Advocates Discipline Tribunal
2006 to 2008: Member, VAT and Duties Tribunal User Group
2008 to date: Chancellor to the Bishop of Edinburgh
1996-2008: Standing Junior Counsel to the Department of Trade & Industry
2006: Invited consultee to the English Law Commission on the reform of Insurance Law
2000-2004: Member, Commercial Court Consultative Committee
1995-1998: Curator, Advocates Library
Cases
Local Government
Buzzworks Leisure Ltd [2011] CSOH 146 (licensing; overprovision; correct approach to Licensing (Scotland) Act 2005)
BP Oil (UK) Ltd v City of Edinburgh Licensing Board 2011 SC 632 (licensing; effect of transitional provisions, Inner House Appeal)
Brightcrew Leisure Limited v City of Glasgow Council [2011] CSIH 46 (licensing; guidance on scope and content of licensing objectives relative to vires of licensing authorities)
Them Properties LLP v Glasgow City Council 2010 SC 690 (licensing; multiple occupancy)
Coutie v. Dundee City Council 2010 SLT 61 (licence conditions; disability discrimination; taxi licence; Inner House Appeal)
Skye Windfarm Action Group v Highland Council, unreported, 1 February 2008 (challenge to grant of planning permission to windfarm based an a large number and variety of grounds under domestic and EU environmental law; compliance with domestic and EU laws; sufficiency of environmental statement; legitimate expectation; vires of conditions; interpretation of relevant guidelines and policies))
Findlay’s Executor v West Lothian Council [2007] RVR 263 (compulsory purchase; Crichel Down Rules; legitimate expectation)
Standard Commercial Property Securities Ltd v Glasgow City Council 2007 SC (HL) 33 (compulsory purchase; validity of back to back agreement between local authority and developer)
Tote Bookmakers Ltd v Dundee City Licensing Board 2006 SLT (Sh Ct) 129 (licensing; bias)
North Lanarkshire Council, Petrs 2006 SLT 398 (local government; common good; whether change of use of public park a disposal)
V v South Lanarkshire Council 2004 SLT 372 (judicial review; financial assistance for carers; Convention rights)
Catscratch Ltd v Glasgow City Licensing Board 2002 SLT 503 (licensing; natural justice; Convention rights)
Glasgow City Council v Cannell 2000 SLT 1023 (planning; enforcement notice; interdict)
City of Glasgow Council v Zafar 1998 SC (HL) 27 (race discrimination)
Texaco Ltd v North Lanarkshire Licensing Board (No. 1) 1998 SC 408 (off licence; public policy; service stations)
Caledonian Nightclubs Ltd v Glasgow District Licensing Board 1996 SC (HL) 29 (licensing; over-provision)
JDP Investments Ltd v Strathclyde Regional Council 1997 ST 408 (Crichel Down rules)
Tax
VIP (Scotland) Ltd v HMRC (FTT; MTIC fraud; first contested Scottish Appeal; successfully resisted by HMRC)
Argyll House Developments, Petr [2009] STC 2698 (input tax; extra-statutory concession; legitimate expectation)
Highland Council v HMRC [2008] STC 1280 (VAT; composite supplies; leisure facilities provided by local authorities)
Edinburgh Telford College v HMRC [2006] STC 1291 (VAT; input tax; further education college; whether a taxable person)
Robertson’s Electrical Ltd v HMCE [2007] STC 612 (VAT; electrical equipment; online services; tax point)
Al-Fayed v Advocate General for Scotland [2002] STC 910 (Convention rights; income tax; agreement)
Cairngorm Mountain v HMCE [2002] STI 1674 (VAT; zero rating; funicular railway)
Royal Bank of Scotland Group plc v HMCE [2002] STC 575 (VAT; zero rating; bank notes; cash dispensers)
Convention rights/devolution issues
Carruthers v Dumfries & Galloway Council 2009 SLT (Sh Ct) 127 (police pensions; forfeiture; human rights)
ITP SA v Coflexip Stena Offshore Ltd 2005 1 SC 116 (Europen patent; whether revocation valid only if compatible with European Convention on Human Rights)
Dempsey v Parole Board for Scotland 2004 SLT 1107 (parole; return to custody; Convention rights)
Mills v HM Advocate (No. 2) 2003 SC (PC) 1 (Convention rights; devolution issues; delay in criminal proceedings)
HM Advocate v R 2002 SLT 834 (Convention rights; devolution issue; delay in criminal proceedings)
County Properties Ltd v Scottish Ministers 2002 SC 79 (Convention rights; devolution issue; whether planning system compatible with ECHR)
Lafarge Redland Aggregates Ltd v Scottish Ministers 2001 SC 298 (delay in determining planning application; Convention rights; devolution issue)
Commercial Contracts
Arbitration Application No. 2 of 2011 [2011] CSOH 186 (arbitration appeals; error of law; rent review; first contested appeal under new Arbitration (Scotland) Act)
Pagan v Clarke [2010] CSOH 147 (partnership; interpretation of agreement in relation to work in progress)
JH Cunningham & Con (Haulage) Ltd v James Smith [2010] CSOH 09 (caution; sale and purchase agreement; warranties)
Kleinwort Benson Ltd v Glasgow City Council (No. 3) 2002 SLT 1190 (interest rate swaps; unjustified enrichment; conflict of laws)
Lindsay Plant Ltd v Norwest Holst Group plc 2000 SC 93 (interpretation of indemnities)
Bank of Scotland v Dunedin Property Investment Co Ltd (No 2) 1999 SCLR 1039 (date from which interest ran)
Bank of Scotland v Dunedine Property Investment Co Ltd (No. 1) 1998 SC 657 (interpretation of loan stock agreement; breakage charge on termination of swap agreement)
Insolvency
Joint Building Society Special Administrators of Dunfermline Building Society v FM Front Door Ltd [2011] CSOH 175 (administration; personal bar)
Joint Administrators of Heritable Bank plc v Winding Up Board of Landsbank Islands HF [2011] CSIH 61 (administration; recognition of judgments; winding up proceedings; European Credit Institutions Directive)
Stephen, Petr [2011] CSOH 119 (appointment of administrators; interpretation of Insolvency Act 1986)
Liquidator of Ben Line Steamers Ltd, Noter 2011 SLT 535 (winding up; contingent liabilities)
Blackburn v Cowie 2008 SC 504 (recovery of possession by trustee in sequestration from bankrupt’s former wife)
Company Law
Secretary of State for Business, Innovation and Skills v Campbell 2010 GWD 29-597 (director disqualification; insolvency practitioner; unfair preferenes)
Robertson, Petr (No. 1) 2010 SLT 143 (competency of reclaiming motion)
Robertson, Petr (No. 1) [2009] CSOH 23 (minority shareholders; unfairly prejudicial conduct)
Secretary of State for Trade & Industry v Blackwood 2003 SLT 120 (director disqualification; wrongful trading; proper test for appellate court)
Whitbread (Holdings) Ltd v Walkmore (95) Ltd 2002 SLT 170 (opposed restoration to register; delay; limitation; prescription periods).
Secretary of State for Traide & Industry v Lovat [2000] BCC 485 (director disqualification; power to dismiss)
Secretary of State for Trade & Industry v Campleman 1999 SLT 787 (director disqualification; time limits)
Insurance
Junespear Ltd v Dear 2008 SLT (Sh Ct) 69 (third party rights against insurers)
University Court of the University of Edinburgh v Eagle Star Insurance Co Ltd 2004 SCLR 34 (insurance; exclusion clause; theft)
Bass Brewers Ltd v Independent Insurance Co Ltd 2002 SC 67 (insurance)
Gaelic Assignments Ltd v Sharp 2001 SLT 914 (misrepresentation and non-disclosure)
Esk Frozen Foods Ltd v New Hampshire Insurance Co Ltd 1998 SLT 899 (loss of profits insurance)
John G Russell (Transport) Ltd v Heath Collins Halden (Scotland) Ltd [1996] CLC 423 (exclusion clause; Lloyds Institute Container Clauses; meaning of “arising from”)
Banking
Cairn Energy plc v Royal Bank of Scotland plc 2000 SC 325 (letter of credit; fraud)
Bank of Scotland v Macleod Paxton Woolard & Co 1998 SLT 258 (fraudulently obtained funds held by bank; bank in good faith; liability)
Style Financial Services Ltd v. Bank of Scotland (No. 2) 1998 SLT 851 (whether relationship of trust between bank and consumer credit card company)
Sutherland v Royal Bank of Scotland 1997 SLT 329 (cheques; bank as collecting or paying bank; meaning of “funds available”)
Universal Export Import GmbH v Bank of Scotland 1995 SC 73 (bankers’ drafts; fraud)
Property Law
Compugraphics International Ltd v Nikolic 2011 SC 744 (encroachment; servitudes of projection and support)
Safeway Stores plc v Tesco Stores Ltd 2004 SC 29 (Land Register; efficacy of possession of solum of river bed)
Royal & Sun Alliance Insurance v Wyman-Gordon Ltd 2001 SLT 1305 (disposition; bounding title)
Miscellaneous
McCreight v West Lothian Council 2009 SC 258 (public policy forfeiture rule; tenants’ rights; jurisdiction of the Lands Tribunal)
Infant and Dietetic Foods Association Ltd, Petrs 2008 SLT 723 (European law; whether Regulations ultra vires)
Duff v Strang 2008 JC 251 (lawburrows; competence of appeal to High Court)
OFT v MB Designs (Scotland) Ltd 2005 SLT 691 (enforcement orders under Enterprise Act 2002, Part 8)
Davidson v Convy 2003 SC 420 (succession; validity of holograph document containing directions as to disposal of estate)
Stewart v Secretary of State for Scotland 2001 SC 884 (judicial review; imposition by prison authorities of additional days for breach of prison discipline)
Mackenzie v Employment Appeal Tribunal 2000 SC 1 (allegation of bias against EAT)
Taylor v Marshalls Food Group Ltd (No 2) 1998 SC 841 (vires challenge to validity of Act of Sederunt)
Slater v Finning 1997 SC (HL) 8 (sale of goods; implied warranty of fitness; abnormal feature in circumstances of use of goods by buyer)
Publications
MacGillivray, Insurance Law, 10th edn (and 11th edn (forthcoming)), (Scottish editor)
Mithani, Directors Disqualification (forthcoming updates) (Scottish editor)
Gloag & Henderson, The Law Scotland, 11th edn (contributor)
‘Judicial and other Remedies’, Stair Memorial Encyclopaedia (joint author)
Green’s Annotated Rules of the Court of Session (contributor)
Directories
Legal 500 UK 2011, noted as an ‘extremely able and talented QC’ and a ‘lateral thinker’, who ‘handles a variety of company and insolvency matters’.
Chambers UK 2011, Ranked for Commercial Dispute Resolution (Band 2) with comment that Sarah ‘acts across a range of commercial disputes and injects an understanding of insolvency, contractual, partnership and shareholder claims. Sources admire her strong abilities as an advocate'.
Additional Information
Mediator, Core Mediation (completed 4 day training course and 3 day assessment 2006); acted as assistant mediator in commercial dispute (December 2006).
Tutor, Commercial Law & European Law, University of Edinburgh, 1989-1995.
Solicitor, Bank of Scotland, 1992-93.
Trainee, Morton, Fraser & Milligan 1990-92.