Gerard Clarke

Clients include the Home Office, HMRC, DTI, DfT, DCSF 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:

Education law:

Including university regulation and discipline, school closures, LEA interventions, special educational needs.  Cases include:

R (Chandler) v Secretary of State for Children, Schools and Families [2009] EWCA Civ 1011

S & Ors v Chapman & Anr [2008] EWCA Civ 800

Public Procurement:

Cases include Chandler (see under Education above).

Environmental law:

Cases include R (Anglian Water) v Environment Agency (2003) and R(Welsh Water) v Environment Agency (2009).  Gerard regularly advises the Environment Agency.

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

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. 

Gerard also has experience of Police disciplinary hearings and Police Appeals Tribunals.

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.

Local Government:

Cases include R (East Devon District Council) v Boundary Committee [2009] EWCA Civ 239

Human rights and civil liberties issues:

In various contexts, including advising the Government of Hong Kong on proposed public order legislation, and representing UK Government bodies in a variety of human rights challenges.

Gerard has experience of Inquests in relation to fatalities following police contact.

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 Mantis Surgical v Tregenza [2007] EWHC 1545 and particular experience in relation to employment contracts in the financial and insurance markets. 

Minimum wage enforcement cases include Commissioners of HM Revenue and Customs v Leisure Employment Services [2007] EWCA Civ 92, (2007) IRLR 450 and Rinaldi-Tranter v HM Revenue and Customs (2007).  Other appellate work includes Brading v Telindus (2008) on incapacity benefit and dismissal compensation.

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.

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 and freedom of information work, and advising the controversial “Bodyworlds” exhibition.  Reported cases include Holly v Smyth [1998] QB 726 on prior restraint in defamation actions.

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.

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.

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.