Gerard Clarke

Gerard was called to the Bar in 1986 and is 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. Gerard’s practice also encompasses fraud and asset tracing, insolvency, sports and media law.

Gerard has wide experience of advocacy in courts and tribunals at all levels in the UK and internationally in the British Virgin and Cayman Islands.

Gerard has advised and acted for several national governments.

Commercial Litigation 

Gerard has extensive experience of commercial litigation covering a wide range of business sectors and expertise in the growing fields of litigation funding, and ATE insurance. He often advises UK and international clients on high value fraud claims.

Notable commercial matters include:

• Advising on large scale BVI company/commercial and trusts litigation for clients from multiple jurisdictions including Russia, PRC, Hong Kong and Malaysia:
  • Alfa Bank v Emmerson in the BVI Commercial Court (acting for Alfa Bank)
  • Wilton v AFS Trustee – complex multi-jurisdictional trusts dispute
  • Nissan v Carlos Ghosn – high profile BVI dispute concerning the superyacht MV Shachou allegedly owned by former Nissan CEO Carlos Ghosn.
• Advising a sovereign client on a major asset recovery project.

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 and Entertainment

Gerard has advised and represented media organisations and individuals in the film, television and record industries.

Notable sports law matters include:

• Advising the UK Premier League, Football League and their member clubs in disputes with the Professional Footballer’s Association.
• Advising the UK Premier League and UEFA on the player transfer system.
• Advising leading Formula One teams on driver contracts.
• Advising on disciplinary and doping cases brought before various sports’ governing bodies and tribunals.