“A very clever and cerebral lawyer.”
“He adopts a good, intelligent approach on pleadings and offers very clear advice which helps the clients.”
- Chambers & Partners 2017
“Likeable, unflappable, and also fast and attentive.”
- The Legal 500 2016
Commercial Law forms the core of Gerard’s practice, advising and representing clients in a wide range of business disputes, often with an international/EU element. Notable cases on which he has worked include: Secretary of State for Transport v. Paragon (Commercial Court proceedings to recover the cost of replacing all V5 vehicle registration documents); Cherney v. Deripaska (a claim said to be for over $3 billion and cited by The Lawyer among the ‘top cases of 2012’); Sir Keith Mills v. Coutts & Co (Chancery Division claim alleging mis-selling of investments); and Terna v. Binkamil (enforcement proceedings under the Arbitration Act 1996). From his postgraduate studies, he has particular interests in restitution and the conflict of laws.
In the field of Competition Law, Gerard’s experience includes: appearing before the Supreme Court in SCOP v. CMA (on the scope of the CMA's merger jurisdiction); BMI Healthcare v. CC (challenging the unfair procedure adopted in the then-pending Private Healthcare market investigation); the Pay TV appeals against Ofcom (both before the Competition Appeal Tribunal and the Court of Appeal); the Construction Recruitment Forum penalty appeals brought by Hays plc and others; Virgin Media v. BSkyB (a High Court action concerning the pricing of television channels); and Chester City Council v. Arriva (a Chapter 2 claim relating to public transport). He is a contributing author of Competition Litigation: UK Practice and Procedure (OUP).
As to Public Law, Gerard taught Constitutional Law at Magdalen College, Oxford for 5 years. Court experience of note includes: R (Wheeler) v. Prime Minister (challenging the Government's opt-in to the European Arrest Warrant scheme); R (BASTA) v. Birmingham Airport (a judicial review concerning taxi licensing); and R (Higher Burrow) v. DEFRA (concerning the policy for controlling tuberculosis in cattle). Gerard has particular familiarity with commercial judicial review and cases arising in the energy sector. He has recently acted for Scottish Power in the CMA's review of the RIIO-ED1 price control, and separately for National Grid and for UK Power Networks in judicial review proceedings arising out of decisions of Ofgem.
Gerard is fluent in French and Spanish.
Further details of Gerard’s practice are given below.
Published cases include:
- Gerald Metals SA v. Timis  EWHC 2327 (Ch) (arbitrators' powers - LCIA Rules - freezing injunctions)
- Aspen Insurance UK Ltd. v. Adana Construction Ltd.  EWCA 176;  Lloyd's Rep. IR 511 (insurance - meaning of “product”)
- Liberata UK Ltd. v. British Telecommunications plc  EWHC 2565 (Comm) (date to assess remedy - frustration - amendment of statement of case)
- Hussain v. Seymour  EWHC 891 (QB) (freezing injunction - full and frank disclosure)
- Opus Property Finance Ltd. v. Arca Homes Ltd.  EWHC 2617 (Comm) (summary judgment - disputed authenticity of document)
- Terna Bahrain Holding Co. WLL v. Al Shamsi  EWHC 3283 (Comm);  1 Lloyd's Rep. 86 (anti-suit injunction - enforcement of arbitral award)
- E-Nik Ltd. v. Department for Communities and Local Government  EWHC 3027 (Comm);  2 All ER (Comm) 868 (distinguishing debt/damages - interest under the Late Payment of Commercial Debts legislation)
- Shared Network Services Ltd. v. NextiraOne UK Ltd.  EWHC 3845 (Comm); Lawtel 9/12/2011 (limitation clause - construction and fairness)
- Harsco Infrastructure Services Ltd. v. Bellway Homes Ltd.  EWHC 3519 (TCC);  All ER (D) 203 (Oct.) (incorporation of standard contract terms - battle of forms)
- Coys of Kensington Automobiles Ltd. v. Pugliese  EWHC 655 (QB);  2 All ER (Comm) 664 (jurisdiction clause - objective test of consensus)
- British Seafood Ltd. v. Kruk  EWHC 1528 (QB);  All ER (D) 348 (Jun.) (enforcement of judgments - opportunity to contest)
Recent work includes:
- Acting for outsourcing company Liberata in £65 million claim against BT for early termination of a subcontract, raising issues of estoppel and financial modelling.
- Acting for BMW in Commercial Court proceedings concerning the proper construction of an indemnity clause.
- Contested proceedings for enforcement of an arbitration award against a State under the New York Convention.
- Applying for urgent Norwich Pharmacal relief and freezing orders in relation to a suspected fraud.
Published cases include:
- Iiyama Benelux BV v. Schott AG  EWHC 1207 (Ch) (EU/EEA competition law - territorial scope)
- Société Coopérative de Production Seafrance v. CMA  UKSC 75;  2 All ER 631 (jurisdiction of CMA - relevant merger situation)
- Accord Healthcare v. Astellas Pharma  EWHC 3676 (Ch) (EU Medicines Directive - conditional marketing authorisation)
- R (Speed Medical Examination Services Ltd.) v. Secretary of State for Justice  EWHC 3585 (Admin);  ECC 13 (abuse of dominance - government decision)
- BT v. Ofcom  EWCA Civ 133;  4 All ER 673 (Communications Act 2003, s.316 - appeals from the CAT)
- Lafarge Tarmac v. Competition Commission  CAT 27;  Comp AR 69 (pending market investigation - expedited application)
- BMI Healthcare v. Competition Commission  CAT 24;  Comp AR 8 (market investigation - procedure - data rooms)
- BSkyB & others v. Ofcom  CAT 20 (access to Sky Sports channels - ex ante remedies)
- Hays plc & others v. OFT  CAT 8;  Comp AR 389 (OFT Penalties Guidance - fining policy)
- Coys of Kensington Automobiles Ltd. v. Pugliese  EWHC 655 (QB);  2 All ER (Comm) 664 (EU reg. 44/2001 - jurisdiction clause - objective test of consensus)
- Virgin Media v. BSkyB  EWCA Civ 612;  1 WLR 2854 (concurrent competition proceedings - disclosure - confidentiality)
- British Seafood Ltd. v. Kruk  EWHC 1528 (QB);  All ER (D) 348 (Jun.) (registration & enforcement of foreign judgments - EU reg. 44/2001)
- Chester City Council v. Arriva  EWHC 1373 (Ch);  UKCLR 1582 (competition - transport - abuse of dominance)
Recent work includes:
- Acting for claimants affected by banks' manipulation of the foreign exchange market.
- Advising in relation to the CMA's Energy Market Review.
- Advising on application of State aid law.
- Advising on application of EU legislation on private international law.
Gerard taught Constitutional Law at Magdalen College, Oxford from 2005 to 2010.
Published cases include:
- R (Speed Medical Examination Services Ltd.) v. Secretary of State for Justice  EWHC 3585 (Admin);  ACD 25 (personal injury reforms - effect on competition)
- R (RWE Generation UK plc) v. GEMA  EWHC 2164 (Admin);  1 CMLR 17 (discrimination - electricity transmission)
- R (Western Power Distribution Ltd.) v. GEMA  EWHC 4381 (Admin) (electricity distribution price control - incentives/penalties)
- R (Wheeler) v. Office of the Prime Minister  EWHC 3815 (Admin);  1 CMLR 46 (European Union Act 2011 - opting in to European Arrest Warrant scheme)
- BMI Healthcare v. Competition Commission  CAT 24;  Comp AR 8 (natural justice - confidentiality)
- R (Wilcock) v. Lancaster City Council  EWHC 1231 (Admin);  LLR 607 (hackney carriage licensing - legitimate expectations)
- R (Birmingham and Solihull Taxi Association) v. Birmingham International Airport Ltd.  EWHC 1913 (Admin);  LLR 727 (judicial review - contracting decisions of private airport company)
- R (Higher Burrow Organic Farming Partnership) v. Secretary of State for Environment, Food and Rural Affairs  EWHC 953 (Admin);  All ER (D) 230 (Apr.) (judicial review - agriculture - EU law)
Recent work includes:
- Acting for Scottish Power in the first appeals before the CMA under section 11C of the Electricity Act 1989.
- Advising on public law challenges to decisions of financial services regulators.
- Advising on the Department of Health’s operation of the Pharmaceutical Price Regulation Scheme.
- Assisting the Electoral Commission on decisions relating to the 2016 EU referendum.
- ‘The Battle of the Buses’ (2008) 29 ECLR 271
- Contributing author of ‘Competition Litigation: UK Practice and Procedure’ (OUP, 2010)
- Contributor on private international law to Westlaw Insight (since 2012)
- ‘Ensuring Due Formality’ (Counsel, April 2014)
- ‘Legal Professional Privilege for Corporations’ (Business Law International, September 2014)
- 'Combatting the Italian Torpedo' (European Advocate, Summer 2016)
- MA Jurisprudence (Oxon.) – First Class
- BCL (Oxon.) – Distinction
Scholarships and prizes:
- Honorary Scholar, Westminster School (1995-2000)
- Distinction in Law Moderations, Oxford University (2001)
- Norton Rose Law Prize, Magdalen College, Oxford (2001)
- Scholar, Magdalen College, Oxford (2001-3)
- Hardwicke Entrance Award, Lincoln’s Inn (2002)
- Prize for best performance in International Trade paper in Law Finals (2003)
- Arts and Humanities Research Board studentship for postgraduate study (2003-4)
- Lord Denning Scholar, Lincoln’s Inn (2004)
- Bar European Group Phoenicia Scholar (2005)
- A “future star at the Bar” (Legal Week, 2008)
- “ ‘diligent’ young junior Gerard Rothschild, a ‘clever, hard-working’ junior with ‘commercial acumen,’ who ‘meets deadlines’ and displays ‘very good attention to detail and an extremely careful approach in all he does’.” (Chambers & Partners 2013)
- “fast gaining a reputation as one of the leading commercial barristers. He is experienced in cases with an international dimension, and has acted on some of the most important cases of recent years.” (Chambers & Partners 2014)
- “A highly intelligent counsel whose soft-spoken and quiet manner disguises a determined and able advocate.” (Chambers & Partners 2014)
- “A very bright young barrister who is destined to be a top performer.” (The Legal 500 2014)
- “A well-regarded junior with a practice that takes in commercial, competition and public law cases.” (Chambers & Partners 2015)
- “A very bright, able and resilient advocate.” (The Legal 500 2015)
- “Provides excellent advice and advocacy.” “He is meticulous, thorough and has very good practical sense.” (Chambers & Partners 2016)
- “Likeable, unflappable, and also fast and attentive.” (The Legal 500 2016)
- “A very clever and cerebral lawyer.” “He adopts a good, intelligent approach on pleadings and offers very clear advice which helps the clients.” (Chambers & Partners 2017)