Gerard Clarke
- Called to Bar:
- 1986
- Practice areas:
- Degrees:
- MA (Oxon) (First Class Honours, Modern History, Wadham College, Oxford), Diploma in Law
Gerard Clarke is recognised by The Legal 500 2007 and Chambers UK 2008 as a leading junior in employment law. He is also recognised by the Legal 500 as a leading junior in education law.
Gerard is commended for ‘“his excellent manner with clients,” and he is also lauded as “thorough and efficient”. Clients particularly rate him for injunction work.’
Extensive experience in a wide range of commercial litigation and in public law and employment law, frequently representing central and local government organisations, and in advisory and litigation work for businesses in financial, media, internet and sports sectors.
Professional Experience
Junior Counsel to the Crown (Attorney General’s ‘A’ Panel)
Public Law and Human Rights
Recent clients include the Home Office, HMRC, DTI, Inland Revenue and other central government departments, the Civil Aviation Authority, the Environment Agency, Lloyds of London, several police forces, the Independent Police Complaints Commission, Audit Commission, the Standards Board for England and Wales, and the General Medical Council.
Particular areas of expertise within public law include:
Healthcare law:
NHS resource allocation, Mental Health Act (cases include R v NW Lancs HA ex parte A [1999] TLR and R v Central London County Court ex parte London [2000] QB, instructed by Mr A Parsons, Radcliffe Le Brasseur).
Medical professional regulation:
(GMC tribunals, JR and Privy Council/High Court appeals) in cases such as R(Mahfouz) v General Medical Council [2004] EWCA Civ and R(Campbell) v GMC [2005] EWCA Civ.
Education law:
Including university regulation and discipline, school closures, LEA interventions, special educational needs. Cases include R(Evans) v Cambridge University [2002] ELR.
Environmental law:
Cases include R (Anglian Water) v Environment Agency (2003).
Commercial judicial review:
Including R (London & Continental Properties) v Rail Regulator, R (First Group) v Strategic Rail Authority, and R (West) v Lloyds. Gerard also has experience in relation to Takeover Panel proceedings, Data Protection, British Film Certification, and Inland Revenue investigations: R v Inland Revenue ex parte Banque Internationale à Luxembourg [2000] STC.
Aviation regulation:
Including advising the CAA and the National Air Traffic Service on various aspects of civil aviation law.
Human rights and civil liberties issues:
In various contexts, including advising the Government of Hong Kong on proposed public order legislation.
Current and recent work
R (Churchhouse) v Inland Revenue Commissioners (QBD) [2003] EWHC 681
R (Consistent Hotel Staff) v Inland Revenue Commissioners (enforcement of minimum wage regulations)
R (Home Secretary) v Chief Asylum Support Adjudicator (2003) LTL 10/02/2003
R (Dirshe) v Home Secretary (2005) (on tape recording of asylum interviews)
R (Sharman) v HM Coroner (2005) (on the fatal shooting of Harry Stanley by armed police)
Employment
Extensive experience of restrictive covenant and garden leave litigation (cases include Credit Suisse v Armstrong [1996] IRLR 450, Scully v Lee [1998] IRLR 259, Gregory v Wallace [1998] IRLR 387) and particular experience in relation to employment contracts in the financial and insurance markets. Recent and current involvement in high profile “whistle blowing” cases for the BBC and others. Extensive experience in relation to industrial action and other aspects of collective employment law (cases include Howlett Marine v Bowlam [2001] IRLR 201). Experience in advising and representing contractors and public authorities in transfer of undertakings and public procurement cases (TUPE cases include Allen v AMCO [2000] IRLR 119). Other employment law cases include Spring v GRE [1995] 2 AC 296 on liability for references.
Media and Entertainment
Experience includes: advising the Attorney General in respect of internet publications concerning the killers of James Bulger, representing Granada TV in challenge to ITC decision on due impartiality in reporting of the Hamilton/Fayed cash for questions affair (R (Boyd Hunt) v ITC 2003) and in various BSC complaints proceedings, 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 work, and advising the controversial “Bodyworlds” exhibition. Reported cases include Holly v Smyth [1998] QB 726 on prior restraint in defamation actions.
Sport
Sports law experience includes: representing the Premier League, Football League, and their member clubs in the strike dispute with the Professional Footballer’s Association, advising the Premier League and UEFA on the player transfer system, advising a leading Formula One team on driver contracts, representing Tottenham Hotspur in several cases, advising Manchester United on merchandising activities, and representing the Horse Race Betting Levy Board in judicial review proceedings.
Other relevant experience
Experience as an expert witness on English contract law in a Paris lawsuit and on English disability law in a Hawaii lawsuit.
Pro bono work for the Bar Pro Bono Unit, the Free Representation Unit and ELAAS (employment cases), for Liberty (judicial review), and in the European Court of Human Rights.
Lectures and seminars on public law, human rights and employment law for law firms, professional associations and training organisations.
Contributor to Administrative Court Practice and Procedure, Sweet & Maxwell (2006) and Employee Competition: Covenants, Confidentiality and Garden Leave, OUP (2007).
Member of Employment Lawyers Association, Administrative Law Bar Association and Bar European Group.
Director of the Bloomfield Learning Centre, a registered charity providing educational support for children with dyslexia.
General:
Interests include aerobatic flying (PPL), sailing, opera, skiing and mountaineering.
Married with one daughter, resident in Islington.
