Gerard has extensive experience in a wide range of litigation in public and private law, frequently representing central and local government organisations, and in advisory and litigation work for businesses in financial, media, internet and sports sectors.

Experience

Shortlist

Employment

Extensive experience of restrictive covenant and garden leave litigation.  Cases include Hyprotech v Frankum [2015], CEF Holdings v Mundey and ors [2012] EWHC 1524, 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.  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.

Shortlist

Media & Entertainment

Gerard has advised and represented media organisations and individuals in the film, television and record industries, with clients including Roger Moore and Bryan Ferry. He acted for the Daily Mail in judicial review proceedings relating to the Leveson Inquiry.  

Other 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;
  • extensive data protection and freedom of information work;
  • advising the controversial “Bodyworlds” exhibition.  

Reported cases include Holly v Smyth [1998] QB 726 on prior restraint in defamation actions.

Gerard also has experience of ASA adjudication cases and ICSTIS/Phonepay Plus investigations.

Shortlist

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.  Gerard is a contributor to the Blackstone Chambers Sports Law blog.

Shortlist

Public & Regulatory

Public law clients include charities and NGOs, 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, the Audit Commission, the Standards Board for England and Wales, and the General Medical Council, as well as the Governments of Eire, Jersey, the Isle of Man, and Hong Kong.  Gerard has argued a Constitutional case before the Grand Court of the Cayman Islands, and worked on a judicial review of the aviation regulator in the Islands.  Gerard spent much of 2011 representing the Department of Health at the Public Inquiry into patient care at Mid Staffordshire NHS Foundation Trust.

Gerard appeared in the leading protective costs order case R (Plantagenet Alliance) v Secretary of State for Justice and others [2013] EWHC 3164 (Admin).  Current and recent cases include a judicial review raising free speech and assembly issues as to protests in Parliament Square, and a judicial review raising animal rights issues as to sales of animals at hobby exhibitions.

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 has regularly advised 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).  Mid Staffs NHS Public Inquiry.

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, and work on judicial review of the Cayman Islands aviation Authority. 

Local Government

Cases include R (East Devon District Council) v Boundary Committee [2009] EWCA Civ 239.  Gerard advises local authorities on many public law issues, including freedom of information and data protection.


Shortlist

Civil Liberties & Human Rights

Gerard has represented claimants and defendants bodies in a variety of human rights challenges.

Gerard has experience of Inquests and IPCC investigations in relation to fatalities following police contact, including the Harry Stanley and Mark Saunders cases. 

Cases include R (Gallastegui) v Westminster City Council [2012] EWHC 1123 on the right to protest in public spaces. Gerard is currently acting for the Mayor of London in a human rights challenge relating to protests in Parliament Square.

Shortlist

Education

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

  • R (Buds Limited) v OFSTED [2013]
  • R (Chandler) v Secretary of State for Children, Schools and Families [2009] EWCA Civ 1011
  • S & Ors v Chapman & Anr [2008] EWCA Civ 800

Shortlist

Commercial

Gerard has extensive experience of commercial litigation covering a wide range of business sectors.  He has recently been advising a major bank on the FCA redress scheme relating to the sale of interest rate hedging products, as well as advising claimants in relation to hedging products and LIBOR fixing claims.

Achievements

Education

First Class Honours, Modern History, Wadham College, Oxford; Diploma in Law

Other relevant experience

Gerard has extensive experience as counsel in mediations, and has a strongly positive attitude to ADR.  

Gerard has acted as an expert witness on English contract law in a Paris lawsuit and on English disability law in a Hawaii lawsuit.

Gerard has undertaken 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.

Gerard regularly gives lectures and seminars on public law, human rights and employment law for law firms, professional associations and training organisations.

Gerard is a contributor to Administrative Court Practice and Procedure, Sweet & Maxwell (2006) and Employee Competition: Covenants, Confidentiality and Garden Leave, OUP (2007, 2011 and 2016). 

Member of Employment Lawyers Association, Administrative Law Bar Association and Bar European Group.

Formerly Director of the Bloomfield Learning Centre, a registered charity providing educational support for children with dyslexia.

VAT registration number: 447182343

Clerks

Staff