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Clark Gard

Clark was called to the Bar in 2024 after practising for 15 years as a commercial solicitor in banking and financial services. Dual-qualified in both England & Wales and New York, Clark has advised a wide range of corporate and government clients on complex, cross-border financings, securities laws, bank regulation, civil fraud, and compliance with anti-bribery and corruption, anti-money laundering, and sanctions regulations.

In 2024, Clark was appointed by the King to serve as a Civil Recorder deployed to the south eastern circuit. In this capacity, Clark presides over court proceedings in a range of civil matters, delivering judgments in applications and contested trials. Clark also has a long track record of working in public law and human rights.

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Clark Gard-1

Clark began his career in the magic circle before moving as Assistant General Counsel to a market leading investment bank. Clark subsequently transitioned into an investment banking role focused on emerging markets debt and sustainable finance.

In 2023, Clark won the Global Capital Award for Most Impressive ESG Investment Banker for Emerging Markets. 

While completing his juris doctor at Yale Law School, Clark led fact-finding missions, drafted reports, briefings, press releases, and legal opinions in respect of a wide range of international human rights issues. Clark has provided pro bono advice in employment disputes and on business and human rights issues, and previously served as a judicial assistant to the former Chief Justice in the Constitutional Court of South Africa.

Clark's Experience

Called in 2024

 

Barristers in England and Wales are regulated by the Bar Standards Board

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Commercial & Business Law

With a 15-year career in banking and finance serving a range of corporate and government clients, Clark is well placed to advise on a wide array of commercial matters.

Clark acts as a client’s advocate throughout the lifecyle of a litigation, from pre-action advice to alternative dispute resolution, settlement negotiation and representation at trial.

Areas of Focus:

  • Banking
  • Civil and commercial fraud
  • Commercial litigation
  • Company law
  • Commercial contracts
  • Partnership disputes
  • Professional regulation
  • Tort
Employment Law

Clark is committed to providing independent, objective and compassionate advice to clients in employment disputes and is prepared to act as an effective advocate at every step of an employment dispute.

This includes advice and representation in internal grievance and investigation processes, settlement negotiations, judicial mediation and Employment Tribunal hearings.

Areas of Focus:

  • Equality and discrimination
  • Harassment
  • Unfair dismissal and redundancy
  • Whistleblowing and victimisation
Memberships & Advisory
  • Constitutional and Administrative Law Bar Association (ALBA)
  • Employment Law Bar Association (ELBA)
  • Human Rights Lawyers Association (HRLA)
Qualifications

Education:

  • Yale Law School - Juris Doctor (2009)
  • Khosla Memorial Fund Prize for advancing the values of human dignity in the international arena
  • Columbia University - Bachelor of Arts, Economics & Art History (2003), magna cum laude

Admissions

  • Called to the Bar (2024)
  • Admitted as Solicitor in England & Wales (2014)
  • Admitted as Attorney in the State of New York (2010)
Privacy Policy

1. This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).
2. The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.
3.  I, Clark Gard, have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.
4.  It is necessary for me to process your personal data in order for me to provide you with legal services, for example:

  • Advise on the prospects of litigation;
  • Advise on the value of your claim;
  • Representation at a court hearing;
  • Representation at trial;
  • Advise, review or comment on legal issues or evidence.

5. Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.

6.The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.

7. If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.

8. If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.

Recipients of your data

9.  I may also be required to share your data with others, depending on the nature of your case. This may include:

(i)  Courts and other tribunals to whom documents are presented;

(ii) Your solicitors, or agent representing you, through whom I have been instructed;

(iii) Potential witnesses, experts and other persons involved in the case;

(iv) Solicitors, barristers, or other legal representatives;

(v) Ombudsman and regulatory authorities;

(vi) Education and examining bodies; and

(vii) Current, past or prospective employers.

Special Categories of Data

10.  In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.

11. This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.

Retention

12. I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.

13. How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.

14. Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:

(i) The legal and professional obligation to retain information relating to my cases;

(ii) To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;

(iii) For use in the defence of potential complaints, legal proceedings or fee disputes;

(iv) To refer back to in future cases which raise similar legal, factual, or procedural issues.

15. The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.

16. The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation. 

Your Rights

17. Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

18. Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.

19. You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.

20. You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.

21. You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests. 

22. Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object. 

23. You have the right to request that your personal data is erased where any of the following apply:

(i) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(ii) You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;

(iii) Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;

(iv) The personal data has been unlawfully processed; or

(v) The personal data have to be erased to comply with a legal obligation.

24. You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).

25. Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort. 

Security

26. I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. 

Complaints or Queries

27. If you have any questions regarding this privacy notice, or how I use your personal data please email me: mailto: clark.gard@tbgbarrister.co.uk, or my clerks: clerking@thebarristergroup.co.uk telephone 01823 247 247.

28. I shall aim to respond as soon as possible, and within 30 days.

29. You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/

 

 

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