Experience

Gerard advises clients across a range of contentious matters, including cross-border commercial disputes, regulatory matters and professional indemnity matters. Gerard has significant experience in high-end commercial disputes and in public law matters.

He has been involved in significant commercial disputes, involving litigation in more than one jurisdiction and in significant professional negligence litigation, acting both for Plaintiffs and Defendants.

Key highlights include advising:

Insurance:

  • insured parties in the recent Covid-19 business interruption test cases, other Covid-19 related business interruption claims and in other coverage disputes before the Courts, in arbitration and before the FSPO.
  • AIG & other Insurers in the management of high-end commercial litigation risk, particularly in a professional indemnity context, and working with insurer and insured in agreeing strategy and moving disputes toward resolution.

General Commercial Litigation:

  • the Plaintiffs in major cross-border litigation concerning alleged fraud and conspiracy.
  • Corporates regarding shareholder disputes and company law issues including breach of warranty and oppression claims.
  • Warranty claims, including the buyer of a pharmacy regarding claims against the seller, among other warranty claims.
  • Restitutionary claims for sums overpaid.
  • Professional negligence disputes, particularly as regards solicitors, valuers and accountants.

Regulatory:

  • Assisting in the defence of ongoing regulatory issues for a client in the health sector.
  • a regulatory body on the future structure of its regulatory regime, during a period of transition, having regard to its particular structure and its all-island nature. Advice included the appropriate means of migrating the body's disciplinary functions to a new entity and discussion of disciplinary and regulatory arrangements in the future.
  • in relation to a successful application by a client to have certain findings of a Tribunal of Enquiry vacated.
  • regarding the impact of European Union law on a particular licensing regime and in relation to an ongoing challenge to that regime, having regard to EU law.