Daniel is a senior litigation partner in Hassans International Law Firm and a barrister, practising in England and then Gibraltar, for the last 27 years.

He has appeared in courts at every level, including the Court of Appeal and also in the Privy Council. He has a very busy commercial, chancery, insolvency and financial services practice, primarily in Gibraltar, and in other forums including international arbitration. He undertakes public law work (primarily within the financial services sector) and appears regularly in the courts in Gibraltar, and in England. His work includes significant cross-border instructions, enforcement and recognition, and complex issues of jurisdiction and conflicts of law.

Expertise

Daniel is the litigator of choice for many major financial services operators in disputes with the Gibraltar Financial Services Commission (“the GFSC”).

He has also been instructed by the GFSC in relation to regulatory work on cases involving Solvency II technical provisions and reserving for French construction insurance business, in relation to which Daniel has developed significant expertise over the years.

Notable Arbitration cases


GFSC Advisory work (2020)

Handled the first case in Gibraltar before the Financial Services Decision Making Committee advising the regulator in respect of under-reserving in longtail French construction business.


STM v Gibraltar Financial Services Commission (2019)

Represented pension and insurance providers, to successfully resist appointment of inspectors by the GFS.


Mead Johnson v European Commission (2019-20)

Advising English lawyers on cross-border and EU law aspects of challenge to a State Aid ruling Case T-508-19. Acting alongside domestic proceedings challenging the decision to reclaim £100m in tax – Mead Johnson v Commissioner of Income Tax (ongoing).


Notable Chancery cases


Gefion Insurance v. Pukka Insure Limited (Supreme Court of Gibraltar 2020)

Successful freezing injunction against an alleged insolvent insurance agent in support of an £8m claim.


Gefion Insurance v. Pukka Insure Limited (Supreme Court of Gibraltar 2020)

Whether asymmetric jurisdictional clauses are valid under Danish law.


Braganza v Domaine Fund (2020, ongoing)

Insolvency and trust proceedings regarding the liquidation of a major domain name acquisition and development company.


Popat v Popat (Supreme Court of Gibraltar 2020)

High value dispute concerning existence and management of an offshore trust.


Advising trustees of trusts created by Boris Borezovsky in respect of claims made by the Russian Federation and the French Republic (claims in both England and Gibraltar) – this is ongoing work involving complex issues of trust, commercial law, cross-border recognition and enforcement.


Notable Insolvency cases


GFSC v Elite

Resisting application for the appointment of inspectors and liquidator in the context of Solvency II reserving and technical provisions French construction insurance business.


Re: Elite Insurance (2018-19)

Approval of the Supreme Court of Gibraltar to pursue restructuring of a major insurance company through Scheme of Arrangement, run-off, and winding-up. Application in 2019 for the appointment of an administrator.


Re Peabody Holdings (Gibraltar) Limited (Supreme Court of Gibraltar)

Recognition of a foreign insolvency under the Insolvency (Cross Border Insolvencies) Regulations 2014 involving the recognition of a US Chapter 11 bankruptcy, dealing with the largest private coal mining operation in the world.


Re: Eseekers Limited

Application for recognition of a foreign insolvency under the Insolvency (Cross Border Insolvencies) Regulations 2014, involving the ability of a UK liquidator to apply for recognition under the UNCITRAL Model Law on cross border insolvencies or Council Regulation (EC) No.1346/2000. The court provided definitive guidance on the procedure to adopt in relation to applications for recognition.


Reclaim Ltd v LAP (2020, currently in the Court of Appeal)

high value claim against defaulting foreign agents, re: extraterritorial effect of provisions in the Insolvency Act. Expecting judgment from the Court of Appeal.


Notable Media cases


ABC v. XYZ (Supreme Court of Gibraltar 2020

Injunction preventing harassment, the misuse of information subject to the right to the constitutional right to privacy and blackmail.


Allen & Woods v. Panorama (and others) (Supreme Court of Gibraltar 2020)

Defamation claim brought by two senior Gibraltar Defence Police Officers against the Panorama newspaper and one of its reporters.


Finsbury Trust v. Defendants unknown (2020)

Advising on malicious and defamatory website set up by unknown individuals to purposely attempt to destroy the reputation of a local financial services business.


Notable Regulatory cases


GFSC Advisory work (2020)

Handled the first case in Gibraltar before the Financial Services Decision Making Committee advising the regulator in respect of under-reserving in longtail French construction business.


STM v Gibraltar Financial Services Commission (2019)

Represented pension and insurance providers, to successfully resist appointment of inspectors by the GFS.


Mead Johnson v European Commission (2019-20)

Advising English lawyers on cross-border and EU law aspects of challenge to a State Aid ruling Case T-508-19. Acting alongside domestic proceedings challenging the decision to reclaim £100m in tax – Mead Johnson v Commissioner of Income Tax (ongoing).


Daniel is able to accept instructions directly from members of the public, companies and other entities through the public access scheme (also known as direct access).  He is happy to accept instructions on a direct basis in appropriate cases. If you wish to instruct Daniel on a direct basis, please speak to the clerks.

For more information on public access, please see the Bar Council website.

For Help or Advice…


Please contact us either by telephone: +44 (0)20 7415 7800 or email: clerks@3harecourt.com

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