Gerard Clarke

Barrister (England and Wales 1986, British Virgin Islands 2018)

Call: 1986 

‘Very experienced. He has formidable cross-examination skills.’

Chambers UK 2018

‘His ability to condense and summarise in minimal paperwork is almost poetic - the judicial comments are always very positive about his skeleton arguments’

Chambers UK 2017

‘He is clever, hardworking, supportive and practical.’

Legal 500

'Never seen a better advocate.’

Chambers UK 2015

‘His drafting skills are particularly impressive’

Legal 500 2016

‘A fierce, intelligent advocate’

Legal 500 2017

‘A true advocate, who wants to win for his clients’

Legal 500 2016

Practice Summary

Gerard Clarke is a widely experienced dispute resolution lawyer and advocate with experience in commercial disputes and in regulatory and public law.  Gerard is experienced in onshore and offshore commercial litigation, arbitration, and mediation, including fraud and asset recovery claims, trust disputes, and corporate insolvency and restructuring, and in judicial review, regulatory disputes, and sport and media law.  Gerard has extensive experience of interlocutory, trial, and appellate advocacy, in courts and tribunals at all levels in the UK, BVI, and Cayman.  Gerard has advised the Governments of the UK, Hong Kong, the Cayman Islands, Jersey, Guernsey, and the Isle of Man. 

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Gerard has extensive experience of commercial litigation covering a wide range of business sectors, and recent specialist expertise in the growing fields of litigation funding and ATE insurance.

Recent work includes very large scale BVI company/commercial and trusts litigation for clients from multiple jurisdictions including Russia, PRC, Hong Kong, and Malaysia.  Cases include Alfa Bank v Emmerson in the BVI Commercial Court (acting for Alfa Bank), Wilton v AFS Trustee, a complex multi-jurisdictional trusts dispute, and Nissan v Carlos Ghosn, a high profile BVI dispute concerning the superyacht MV Shachou allegedly owned by former Nissan CEO Carlos Ghosn. 

Regulatory, Constitutional, and Public Law

Cases include:

  • R (Durand Academy) v Ofsted [2017] EWHC 2097 (Admin) - Challenge to education regulator.
  • Roberts v Attorney General [2016] EWHC 3219 (QB) - Duty of care of Police inspectorate
  • R (Barda) v Mayor of London [2015] EWHC 3584 (Admin) - Freedom of assembly and expression: protests in Parliament Square
  • Axis International v Civil Aviation Authority of the Cayman Islands [2014] CILR - Judicial review of aviation regulator.
  • R (Gallastegui) v Westminster City Council [2012] EWHC 1123 - Protest in Parliament Square - freedom of assembly and expression.
  • Stafford Hospital Public Inquiry 2011-2014 - Public Inquiry into preventable deaths at NHS hospital.
  • R (Associated Newspapers) v Leveson Inquiry [2012] EWHC 57 (Admin) -Challenge to Leveson Inquiry re witness anonymity

Sport, Media & Entertainment

Gerard has advised and represented media organisations and individuals in the film, television and record industries. Sports law experience includes representing the UK Premier League, Football League, and their member clubs in disputes with the Professional Footballer’s Association, advising the Premier League and UEFA on the player transfer system, advising leading Formula One teams on driver contracts, advising and representing Premier League football clubs, and disciplinary and doping cases before the governing bodies and tribunals of various sports.

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