Gerard Boyle QC

Call 1992 | Silk 2017

Gerard Boyle QC | Call 1992 | Silk 2017

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Overview

In the medical and police field Gerry is well accustomed to responding to public law challenges and, when the need arises, instigating them. He has appeared on behalf of a Police Force in judicial review proceedings in the Court of Appeal, and on behalf of a General Practitioner in the Supreme Court.

Public & Administrative

Gerry Boyle QC successful in judicial review against Police Appeals Tribunal decision.
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“…an experienced and tenacious operator with a strong grasp of the issues and the capacity to deal smoothly with a wide range of claims.”
Chambers & Partners

experience & expertise

Gerry was Junior Counsel to David Scoffield QC of the Northern Irish bar acting on behalf of a GP, known as JR55, in an appeal to the Supreme Court. The case was historic and unprecedented as it represented the first ever case concerning an Ombudsman to reach the Supreme Court. See more below.

Gerry acted on behalf of the Chief Constable of Sussex in successful judicial review proceedings against a decision by the Police Appeals Tribunal to reinstate an officer who had been found guilty of Gross Misconduct. Gerry persuaded Mr Justice Supperstone to overturn the PAT’s decision and remit the matter for a re-hearing (including the admission of fresh expert Psychiatric evidence). Gerry subsequently acted for the Chief Constable at the renewed Gross Misconduct hearing at which the officer was summarily dismissed.

Gerry acted on behalf of the Chief Constable of Leicestershire at all stages of the judicial process in the case of Delezuch (details below). He also acted for the Metropolitan Police at both the Judicial Review hearing and Court of Appeal hearing in the Takoushis case as a result of which he has been much in demand for Inquests particularly where there are Article 2 issues or the death potentially involves medical culpability.

He has considerable experience of public inquiries and is currently retained in the Undercover Policing Inquiry (Mr Justice Mitting), the Independent Inquiry into Child Sexual Abuse (IICSA – Professor Jay).

Gerry has previously appeared at the Bichard Inquiry (following the Soham murders, with particular interest in the exchange of information between police forces), and the Hyponatraemia Inquiry (investigating the cause of death and clinical governance issues arising out of the deaths of children in Northern Ireland).

notable cases

  • In the matter of an application by JR55 for Judicial Review (Northern Ireland) [2016] UKSC 22. The wife of a patient who died in January 2009 of cardiac arrest complained to the Commissioner of Complaints who decided to investigate the GP. Having made finings of modest maladministration but no causation the CC recommended a salutary payment by the GP of £10,000! The GP refused to make payment and the CC threatened to “name and shame” him by laying a report before the NI assembly. The GP brought judicial review proceedings arguing the CC had no powers to recommend the payment or threaten with such a report. The Supreme Court agreed.
  • R (on the application of Chief Constable of Sussex) v The Police Appeals Tribunal ex p Deans-Cane [2017] EWHC 2333 (Admin).
    Gerry acted on behalf of the Chief Constable of Sussex in successful judicial review proceedings against a decision by the Police Appeals Tribunal to reinstate an officer who had been found guilty of Gross Misconduct. Gerry persuaded Mr Justice Supperstone to overturn the PAT’s decision and remit the matter for a re-hearing (including the admission of fresh expert Psychiatric evidence). Gerry subsequently acted for the Chief Constable at the renewed Gross Misconduct hearing at which the officer was summarily dismissed.
  • R (on the application of Delezuch/ Mark Duggan) v The Chief Constable of Leicestershire, ACPO and the IPCC [2014] EWCA Civ 1635
    Court of Appeal : Judicial Review in the Court of Appeal. Gerry successfully defended the Chief Constable in a public law challenge to force policy and the ability of police officers’ to confer following a fatal  incident. The Case involved consideration of domestic and European jurisprudence, the interpretation of Article 2 and comparison with force policies in the USA and Canada.  Gerry acted alone, while all of the other parties were represented by leading QCs and juniors.
  • R, (on the application of Takoushis) v HM Coroner for Inner North London [2005] EWCA Civ 1440, [2006] 1 WLR 461
    Gerry represented the Metropolitan Police Commissioner in this leading case concerning the application of Article 2 of the ECHR to inquests.
  • IICSA – The Anglican Church
    Gerry is currently retained by the Chief Constable of Gloucestershire in the ongoing inquiry into child sexual abuse in the Anglican Church arising out of concerns of establishment and church interference in a Gloucestershire police investigation in 1992.
  • The Bichard Inquiry
    Gerry represented the Chief Constable of Lincolnshire Police.
  • The Hyponatremia Inquiry
    Gerry acted on behalf of a Pathologist in an ongoing Inquiry in to the deaths of a number of children in Northern Ireland.

Recommendations

  • “At trial his advocacy has been first-class. I don’t think there’s anyone like him.”
    Chambers & Partners
  • “He’s excellent. He’s good on paper and clients like him. He’s a very safe pair of hands, capable and bright.”
  • “…very good and very astute.”
  • “…very easy to use, good with clients and a good presence in court.”
    Chambers & Partners
  • “…brings a forensic approach to cases and has an engaging style.”
  • “… has excellent client care skills, pays great attention to detail and is very knowledgeable …”
    Chambers & Partners
  • ‘A good tactician with excellent forensic analysis.’
    The Legal 500
  • ‘… puts clients and experts at ease with his grasp of issues and pleasant manner.’
    The Legal 500
  • ‘His expertise spans acting for medical, police and other professionals.’
    The Legal 500
  • “A smooth operator and persuasive advocate”
    Chambers & Partners