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Gerard Clarke

Senior Counsel

Gerard was called to the Bar in 1986 and is also admitted to the Bar of the British Virgin Islands.  He is an experienced advocate and dispute resolution lawyer in commercial cases, regulatory and public law. His practice also encompasses fraud and asset tracing, insolvency, sports and media law.

He has wide experience of advocacy in courts and tribunals at all levels in the UK and internationally in the BVI and Cayman Islands. He has advised and acted for several national governments.

Commercial

Gerard has 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.

Recent work includes very large scale BVI company/commercial and trusts litigation for clients from multiple jurisdictions including Russia, PRC, Hong Kong, and Malaysia. Cases include Alfa Bank v Emmerson in the BVI Commercial Court (acting for Alfa Bank), Wilton v AFS Trustee, a complex multi-jurisdictional trusts dispute, and Nissan v Carlos Ghosn, a high profile BVI dispute concerning the superyacht MV Shachou allegedly owned by former Nissan CEO Carlos Ghosn.

Regulatory, Constitutional, and Public Law

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

Sport, Media & Entertainment

Gerard has advised and represented media organisations and individuals in the film, television and record industries. 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 Premier League football clubs, and disciplinary and doping cases before the governing bodies and tribunals of various sports.