“He has a fantastic intellect” notes one interviewee, while another states: “He is extremely bright and comes up with out-of-the-box ideas.” (Chambers Global 2022)
Daniel qualified in the UK in 1994, establishing a very successful civil and commercial practice at the Bar in the UK. Daniel then dual qualified and began practising in Gibraltar before becoming a Partner at the largest law firm on the Rock. In 2016 Daniel was awarded the title of Queens Counsel (Gibraltar). Daniel has maintained a busy UK and overseas practice.
Daniel has been engaged in some of the most challenging, high profile and cutting-edge commercial, insolvency, financial services and EU law cases to come before the courts. His ongoing case load includes financial investigations work, banking disputes, jurisdiction challenges and cross-border recognition and enforcement, insurance (UK and cross-border), and insolvency work both for and against liquidators, trustees, and administrators. Many of his cases involve complex accountancy and other expert evidence.
The following are examples of work both in the UK and internationally
Enterprise Insurance Company plc v. Flowers (and others) (2021)
Representing the Finance Director in a complex multi-million-pound claim brought by the liquidator of an insurance company; case involves alleged breach of fiduciary duty, application and scope of the Sequana duty, Duomatic defence, and complex expert evidence accountancy issues (including RRM & solvency capital margins vs general solvency, inter relationship between the balance sheet and cash flow insolvency in the insurance context).
MCE Insurance Company Limited (2021-2022)
Ongoing – Acting for the joint administrators of a major international insurance company, recognition and enforcement, disclaimer, investigations and advice through run-off.
Reclaim Ltd v LAP
Acting for the liquidator in this high value claim against defaulting foreign agents. Involves extraterritorial effect of statutory insolvency provisions, realisation of foreign assets, tracing and recognition. Successful at first instance and on appeal.
Gefion Insurance v. Pukka Insure Limited (Supreme Court, 2020)
Acting for the insurer in this application for a freezing injunction against the cover holder. Underlying claim for £8m. Freezing injunction and further relief secured.
Gefion Insurance v Pukka Insure Limited (2021)
Further related case resisting a jurisdiction challenge. Case involved difficult questions of cross-border enforcement, foreign expert legal evidence and the enforceability of asymmetrical jurisdictional clauses.
GFSC v Elite (2017-18)
Resisting application for the appointment of inspectors and liquidator in the context of Solvency II reserving and technical provisions French construction insurance business.
Re Peabody Holdings (Gibraltar) Limited (Supreme Court)
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 cross-border 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.
Braganza v Domaine Fund (2020- ongoing)
Claims arising out of the collapse of a major domain name acquisition and development company. Includes complex questions of trust law including the meaning and effect of a Trust Letter on shares purchased by investors.
ICC Arbitration (2020)
Advising and acting as lead counsel against a Tajik-backed enterprise. International arbitration concerning the sale of aluminum fluoride to Tajikistan.
Sharrock Shand v Ansaldo’s Townhouse (2020, ongoing)
Commercial construction claim concerning the construction of a boutique hotel.
Tozzi Energy v EEI (2020)
Advising on challenge to LCIA arbitration award (serious irregularity).
Financial Services Advisory work
Handled the first case in Gibraltar before the Decision Making Committee of the FSC, advising the regulator in respect of under-reserving in longtail French construction business.
Mead Johnson v European Commission (2019-22)
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.
STM v Gibraltar Financial Services Commission (2019
Represented pension and insurance providers, to successfully resist appointment of inspectors by the GFS.
Re: Adria-Alpe Fund (2019
Advised and acted for one of a number of Experienced Investor Funds, on their due diligence and investor spread.
Popat v Popat (2020-ongoing)
High value dispute concerning existence and management of an offshore trust.
Advising trustees of trusts created by the late Boris Berezovsky in respect of claims made by the Russian Federation and the French Republic (claims in both UK and Gibraltar) – this is ongoing work involving complex issues of trust, commercial law, cross-border recognition and enforcement.
Estate of Boris Berezovsky v LMC et al
Successfully defending the trustees of trusts created by the late Boris Berezovsky against claims made by trustees of his insolvent estate. On going in the Court of Appeal.
ABC v. XYZ (Supreme Court 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) (2020-ongoing)
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.
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.