Gerard Clarke

Barrister in England & Wales and BVI

Call: 1986 

'Never seen a better advocate.’

Chambers UK 2015

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

Chambers UK 2018

‘A fierce, intelligent advocate’

Legal 500 2017

‘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

Practice Summary

Gerard Clarke is a vastly experienced dispute resolution lawyer and advocate with wide ranging experience in commercial disputes and in regulatory and public law.  Gerard has practised in the UK, the BVI, and Cayman as an independent barrister, in the BVI as a partner in a leading offshore law firm, and also in Jersey.  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 he is also experienced in judicial review, regulatory disputes, sport and media law, and in employment disputes.  Gerard has extensive experience of interlocutory, trial, and appellate advocacy, in courts and tribunals at all levels in the UK, EU, BVI, and Cayman.  Gerard's clients include corporates, high net worth individuals, regulators, and Governments.  Gerard has advised at Ministerial level the Governments of the UK, Hong Kong, the Cayman Islands, Jersey, Guernsey, and the Isle of Man.  Gerard has also worked on an in-house regulatory project for a major investment bank, and has provided expert evidence for courts in the USA, Russia, and France.  He has specialist expertise in litigation funding and ATE insurance, and is a member of the assessment panel of a major litigation funder.  Gerard also has a track record of pro bono work with NGOs, charities and individuals.  He is an experienced speaker at professional conferences, and has taught undergraduate law.  Gerard is a witness familiarisation trainer for Assurety Limited. 

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Commercial

I have 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. Funder clients include Orchard, McQuarie, Burford and Sparkle, and ATE clients include Elite Insurance, AmTrust, DAS and Acasta. Recent work includes:

 

  • cross border insolvency litigation for ATE insurers and litigation funders Glasgow v ELS and others (re Harlequin (SVG) Ltd) [2017] EWHC 3004 (Ch)
  • large scale BVI company/commercial litigation for Russian, PRC, Hong Kong, Malaysian, and Canadian clients
  • advice on large scale UK banking fraud claim Singularis v Daiwa
  • major pensions litigation in Guernsey
  • claims against major UK banks for LIBOR fixing and forced insolvency
  • review of interest rate swap mis-selling for HSBC investment baking arm
  • Advising the Corporation of Hamilton, Bermuda on financial guarantee Mexico Infrastructure Finance v Corporation of Hamilton
  • leading relief from sanctions case Denton v TH White [2014] EWCA Civ 906
  • advisory work for various UK and offshore investment companies on regulated financial services activities
  • advice and litigation on public procurement for UK Ministry of Defence, UK local authorities, and UK/EU private contractors
  • advice re Brexit impacts on UK businesses
  • advice on GDPR implementation for UK and offshore businesses
  • substantial damages claim in Jersey

Cases include -

  • Various recent and ongoing BVI high value cases (details may be provided, subject to client confidentiality)
  • Glasgow v ELS and others (re Harlequin (SVG) Ltd [2017] EWHC 3004 (Ch) Claim by ATE insurers for lien on litigation proceeds in cross border insolvency.
  • Mexico Infrastructure Finance v Corporation of Hamilton Bermuda [2017] CA (BDA) 11 Civ - Power of public corporation to give financial guarantee
  • Wey Education PLC v Atkins [2016] EWHC 1663 (Ch) - Breach of directors’ duties.
  • Denton v T H White Ltd [2014] EWCA Civ 906 - Relief from sanctions in civil litigation

 

Regulatory, Constitutional, and Public Law

My clients have included the UK Home Office, HMRC, DTI, DfT, and other UK central government departments, the UK Civil Aviation Authority, Environment Agency, Lloyds of London, several UK police forces, the UK Independent Police Complaints Commission, HMCI, the UK Audit Commission, the Standards Board for England and Wales, the General Medical Council, several Royal Colleges, as well as the Governments of Jersey, Guernsey, the Cayman Islands, the Isle of Man, and Hong Kong.

I have argued a Constitutional case before the Grand Court of the Cayman Islands, and worked on a judicial review of the Cayman Islands aviation regulator.

 

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 (Plantagenet Alliance) v Minister of Justice [2013] EWHC 3164 (Admin) - Protected costs orders in judicial review.
  • R (Gallastegui) v Westminster City Council [2012] EWHC 1123 - Protest in Parliament Square - freedom of assembly and expression.
  • Stafford Hospital Public Inquiry 2011-2014 www.midstaffspublicinquiry.com - 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

I have advised and represented media organisations and individuals in the film, television and record industries, with clients including Bryan Ferry and the late Sir Roger Moore. I acted for the UK Daily Mail in judicial review proceedings relating to the Leveson Inquiry. 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 Tottenham Hotspur FC, Manchester United FC, and West Ham United FC, and disciplinary and doping cases before the governing bodies and tribunals of various sports.

Other experience includes:

  • advising the UK Attorney General re internet publications about the killers of James Bulger;
  • representing TV companies in challenges to regulatory decisions;
  • advising the BBC on digital TV licensing and regulation;
  • advising on internet advertising and promotional competitions;
  • acting in e-commerce litigation concerning domain name registrations and e-mail contracts;
  • data protection and freedom of information work.

Other relevant experience

I have extensive experience as counsel in mediations, and have a positive attitude to ADR.

I have acted as an expert witness on English contract law in a Paris lawsuit and on English regulatory law in a Hawaii lawsuit.

 

I have undertaken pro bono work for the UK Bar Pro Bono Unit, the UK Free Representation Unit, and for the UK NGO Liberty.

 

I have given numerous lectures and seminars for law firms, professional associations and training organisations, and have conducted witness familiarisation training for Assurety Ltd.

 

Member of the UK Chancery Bar Association and the UK Bar European Group.

 

Former Director of a UK registered charity providing educational support for children with dyslexia.

Interests include skiing, light aviation, classic cars and motorcycles, opera, history and literature, and cooking.

 


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