Gerard is a highly rated and experienced dispute resolution lawyer, with expertise in litigation, mediation and negotiation, as well as in strategic and tactical legal advice covering a variety of business, regulatory, and governmental sectors. He has wide ranging experience in commercial disputes, regulatory and administrative law, the sports and media sectors, and in employment law. Gerard’s experience includes advising national Governments at Ministerial level, challenging and defending regulators, working with international corporates and also with SMEs, with particular focus on financial markets and sport and media sectors.  He has strong advocacy and team leadership skills.  Gerard also undertakes pro bono work with NGOs, charities and individuals, and is a Visiting Lecturer at the University of Bedfordshire.

Gerard is highly rated by the independent legal directories, Chambers & Partners and The Legal 500.

Experience

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Commercial

Gerard has extensive experience of commercial litigation covering a wide range of business sectors.  He also has 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, 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)
  • cross border insolvency and fraud claim Orb Estates
  • banking fraud claim Singularis v Daiwa
  • major pensions litigation in Guernsey
  • Chancery shareholder litigation to recover investor control of post start-up company Dr Jackson Ltd v Jackson
  • claims against major banks for LIBOR fixing and forced insolvency
  • review of interest rate swap mis-selling for HSBC
  • Advising the Corporation of Hamilton, Bermuda on financial guarantee Mexico Infrastructure Finance v Corporation of Hamilton
  • asset recovery in central Asian fraud claim
  • director misconduct claim in regulated business Wey v Atkins [2016] EWHC 1663 (Ch)
  • joint-venture partner litigation against the background of a large international trust dispute Glenn v Watson
  • leading relief from sanctions case Denton v TH White [2014] EWCA Civ 906
  • advisory work for various investment companies on FSMA regulated activities
  • advice and litigation on public procurement for MOD, local authorities, and private contractors
  • advice re Brexit impacts on businesses
  • advice on GDPR implementation

Cases

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Public & Regulatory

Public law clients include the Home Office, HMRC, DTI, DfT, and other central government departments, the Civil Aviation Authority, the Environment Agency, Lloyds of London, several police forces, the Independent Police Complaints Commission, HMCI, the Audit Commission, the Standards Board for England and Wales, the General Medical Council, Royal Colleges, as well as the Governments of Jersey, Guernsey, 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 was a member of the Attorney General's A Panel of Counsel from 2000 to 2012.

Recent work includes: 

  • judicial review challenges to Ofsted, DEFRA and DfE including R (Durand Academy) v Ofsted [2017] EWHC 2097 (Admin)
  • FOIA and data protection challenges in First Tier and Upper Tribunals including Durand Academy Trust v Information Commissioner [2017] UKFTT 2017_002 (GRC)
  • aviation regulation case Axis International v Civil Aviation Authority of the Cayman Islands [2014]
  • R (Barda) v Mayor of London [2015] EWHC 3584 (Admin) judicial review raising free speech and assembly issues as to protests in Parliament Square.
  • Leading protected costs order case R (Plantagenet Alliance) v SoS for Justice [2013] EWHC 3164 (Admin)
  • public inquiry into Stafford Hospital
  • Ministerial inquiry into Magnox Nuclear decommissioning contract
  • environmental law Aarhus challenges
  • animal welfare and disease control cases including R (Kent) v Arun DC [2015] EWHC 2295 (Admin)

Cases

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Employment

Gerard has extensive experience of all aspects of employment law and is highly rated for his expertise in the field.

Areas of work include team moves, restrictive covenants, garden leave, confidentiality, database rights, executive termination, whistleblowing, and all types of unlawful discrimination.

Recent work includes: 

  • high value whistleblowing claim against a hedge fund involving SEC violations
  • employee competition cases with tech sector and financial services backgrounds Guidance Navigation v Franklin, Scentrics Information Security v Adam, and Hyprotech v Franklin
  • CEF Holdings v Mundy [2012] EWHC 1524 (QB) on employee competition and injunctions
  • high value wrongful dismissal claims in public and private sectors 
  • academic employment disputes involving Russell Group universities

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Education

Gerard has extensive experience of all aspects of education law, including university regulation and discipline, Ofsted inspections, school closures, LEA interventions, special educational needs.  

Recent work includes a rare successful challenge to Ofsted: R (Durand Academy) v Ofsted [2017] EWHC 2097 (Admin).

Other work includes: 

  • FOIA and data protection challenges in First Tier and Upper Tribunals including Durand Academy Trust v Information Commissioner [2017] UKFTT 2017_002 (GRC)
  • R (Buds Limited) v Ofsted [2013]
  • R (Chandler) v Secretary of State for Children, Schools and Families [2009] EWCA Civ 1011
  • Speed v LB Waltham Forest [2011] EWCA Civ 88
  • S & Ors v Chapman & Anr [2008] EWCA Civ 800

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Media & Entertainment

Gerard has advised and represented media organisations and individuals in the film, television and record industries, with clients including Bryan Ferry and the late Roger Moore. He acted for the Daily Mail in judicial review proceedings relating to the Leveson Inquiry: R (Associated Newspapers) v Leveson Inquiry [2012] EWHC 57 (Admin).

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
  • 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;
  • ASA adjudication cases and ICSTIS/Phonepay Plus investigations.

Cases

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Sport

Sports law experience includes: representing the Premier League, Football League, and their member clubs in 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 Bulletin.

Recent work includes: 

  • disciplinary hearing re greyhound racing  Tanner v Greyhound Board Of Great Britain
  • advice on doping in athletics
  • advice on media rights for rugby league club
  • football agent commission dispute
  • Formula One commission dispute

Cases

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Civil Liberties & Human Rights

Gerard has represented claimants and defendants 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, and R (Barda) v Mayor of London [2015] EWHC 3584 (Admin) on similar issues.

Gerard recently acted pro bono to represent the article 8 rights of a disabled child in Proceeds of Crime Act proceedings brought against her father  by the CPS.

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Achievements

Education

First Class Honours, Modern History, Wadham College, Oxford

Diploma in Law University of Westminster

Bar Examination, Inns of Court School Of Law

Middle Temple Harmsworth Scholar



Publications

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). 

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/ELIPS (employment cases), for Liberty (judicial review), and in the European Court of Human Rights.

Gerard regularly gives lectures and seminars for law firms, professional associations and training organisations, and conducts witness familiarisation training for Assurety Ltd.

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

Former Director of the Bloomfield Learning Centre, a registered charity providing educational support for children with dyslexia (2007-2014).

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VAT registration number: 447182343

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