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Gerard Boyle

CALLED TO THE BAR 1992

Junior Counsel


Public & Administrative Profile

Background

 
1981 – 88 St. Mary’s C.B.G.S. Belfast
1988 – 91 Cambridge University, MA (Hons) Law [Trinity Hall]
2003 Called to the Northern Irish Bar

Email: gboyle@3serjeantsinn.com

General Information

 


Directory Comments

 

'Gerard Boyle is an experienced and tenacious operator with a strong grasp of the issues and the the capacity to deal smoothly with a wide range of claims. He maintains a busy and varied practice.'...Chambers and Partners 2011

 

A highly effective advocate who mixes clinical negligence work with a strong disciplinary and police law practice.” Chambers & Partners 2010

 

Gerry has a “superb attention to detail and an impressive ability to work with demanding clientsChambers & Partners 2010

 

Very straightforward and reliableChambers & Partners 2010

 

Helpful, streetwise and clear in his advice..” Legal 500 2008

 

Gerry is listed as a Leading Junior in the Professional Discipline and Regulatory Law category in the Legal 500  noted as one of the “very fair, hard and tough regulatory lawyers”  at 3 Serjeants’ Inn



Nature of Practice

 

As the above Directory Comments demonstrate Gerry is capable of balancing a thriving regulatory practice with clinical negligence work, every aspect of police work and a regular throughput of Inquests. He is a member of the Standing Panel of Prosecutors for the Bar Standards Board and has recently been appointed to the Junior Counsel Panel for the Directorate of Legal Services in Northern Ireland.


Gerry regularly acts on behalf of major institutional clients including the Metropolitan Police and other large forces throughout the Country, the Serious and Organised Crime Agency (Civil Work), the MPS, the MDU, and the MDDUS. In addition Gerry regularly acts on behalf of Claimants in clinical negligence claims. 

 
His practice includes regular appearances before (amongst others) Police Misconduct Panels, Police Appeals Tribunals, the General Medical Council, the General Dental Council, the Nursing and Midwifery Council and the High Court.  


Regulatory work  
Gerry has the ability to present complex cases before Police Misconduct Panels with authority and imagination, yet also the ability to defend the most difficult and demanding of individual clients in the clinical field. Police misconduct cases have included alleged racism by Metropolitan Police officers, sexual harassment, corruption and misconduct following a death in custody.  Clinical regulatory work is hugely varied and a cross-section of his work has included defending a Home Office Consultant Pathologist, General Practitioners, Breast Surgeons and Consultant Anaesthetists.
 
Inquiries and inquests  
Gerry has for some time now specialised in Inquest law. The blend of Medical and Police clients mean that he is regularly instructed to appear before Her Majesty’s Coroners. He has acted for Chief Constables, the Head of Healthcare at Holloway Prison, General Practitioners, Surgeons, NHS Trusts and Mental Health Units. He was instructed on behalf of the Metropolitan Police in Takoushis, one of the defining authorities on the application of Article 2 to inquests concerning clinical negligence.  He has appeared in a number of lengthy Inquests following deaths in prison.
Gerry was also instructed to appear at the Bichard Inquiry, launched following the Soham murders.


Advisory Work and Judicial Review
Gerry is regularly instructed to advise on Operational and Procedural matters and has done so recently on the lawfulness of publishing photographs of persons “of interest” to police in a brutal rape, the interpretation of “Speed Camera” legislation and the potential need for large-scale reimbursement of fines, the ability of a Chief Constable to challenge a decision of his own Misconduct panel (withdrawn after Gerry submitted a written response on behalf of the Panel) and defeating a claim brought by Liberty regarding the imposition of a wide-ranging ASBO (defeated at Permission stage following service of a skeleton drafted by Gerry).  


Bar Standards and Pro Bono Work 
Gerry regularly acts on behalf of the Bar Standards Board in drafting charges and presenting misconduct cases against fellow Barristers.
Gerry accepts pro bono work via the Bar Pro Bono Unit.



Specialist Information

 


Reported and other cases of Interest

 

 A (Father and Administrator of the Estate of X) v Enskat [2009] EWHC 1630 QB [Successfully defended a General Practitioner accused of negligently delaying the diagnosis of testicular cancer in a young man who died before trial. Gerry conducted a deposition in this case, cross-examining the young man shortly before he died]

 

Ali v Belfast Health & Social Care Trust [2008] NIQB 124 [attempt by a Surgeon to obtain a declaration entitling him to legal representation at an internal Trust held disciplinary hearing, pre the Court of Appeal decision in Kulkarni]

 

Goodson v HM Coroner for Luton & Others [2005] EWCA Civ 1172 CA [Principles to be applied when seeking a Protective Costs Order before an appellate tribunal]

 

R (Takoushis) v Guy’s Hospital and The Commissioner of Police of the Metropolis [2005] EWCA Civ 1140 CA [A leading authority on the application of Article 2 of the ECHR to Inquests involving clinical treatment]



Clients

 


Publications

 
Berrymans Lace Mawer “Keeping Pace” – Gerry has contributed to this publication and advised on its content

Lectures and Seminars

 
Gerry is highly regarded as a speaker and trainer. He has provided training to the Police service on Human Rights, Freedom of Information, The Independent Police Complaints Commission, Investigator Training and Police Misconduct. He has recently given a presentation on drafting positively pleaded Defences and Counter Schedules in Northern Ireland
CPD Seminars  He is available to give seminars and presentations on all aspects of police law, medical law and coronial law.


Related Professional Activities

 
Member of the Bar Standards Board Panel to Present Cases before Inns of Court Disciplinary Panels
Member of the Directorate of Legal Services for Northern Ireland’s Junior Counsel Panel for Clinical Negligence and General Litigation
Member of the Association for Regulatory and Disciplinary Lawyers
Member of the Professional Negligence Bar Association





Other Information