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Lawyers

Daisy Fakude

Daisy Fakude

Appleby, Guernsey

Work Department

Dispute Resolution

Position

Daisy is a Senior Associate in the Dispute Resolution team in Guernsey.

She advises on various aspects of commercial litigation and dispute resolution. She has experience regarding a wide range of contentious dispute resolution matters including commercial disputes, contractual disputes, debt and asset recovery, shareholder disputes, director liability disputes, contentious trust disputes, insolvency matters and insolvency related court proceedings.

She has acted for various stakeholders including large corporations, creditors (mostly corporations and financial institutions), liquidators, trustees and high net worth individuals.

Notable work highlights include:

  • Successfully defending a trustee of two guernsey trusts and the corporate director of a company within the trust structure in a claim before the Royal Court for losses which were allegedly suffered by the trusts owing to the gross negligence of the trustee in respect to the administration of the assets of the trusts. As well as further loses which allegedly arose as a result of the corporate director breaching its fiduciary duties in its capacity as the director of the underlying company within the trust structure [A Kazzaz and others v Standard Chartered Trust (Guernsey) Ltd (in liquidation) & Songbird Limited [2023] GRC049]. The claims in the aforesaid proceedings involved complex issues of trust, regulatory, commercial and insolvency law.
  • Acting for an erstwhile fund administrator to defend claims in the region of US$18 million brought by the liquidators of a Guernsey fund;
  • Acting for a beneficiary of three Guernsey trusts (with combined assets in excess of £600 million) in connection with various contentious proceedings before the Royal Court.
  • Acting for a director of a Guernsey fiduciary services provider in connection with regulatory enforcement proceedings brought by the Guernsey Financial Services Commission.
  • Advising an erstwhile trustee in connection with a breach of trust claim brought by a beneficiary of the trust arising from the transfer of the entirety of the trust fund out of the trust, and the resultant termination of the trust.

Prior experience:

  • Acting for various shareholders of the Steinhoff Group regarding their claims (cumulatively in excess of R2 billion) arising from the reduction in value of their shares following the major accounting scandal in December 2017.
  • Acting for the business rescue practitioner of five companies within a leading South African construction group regarding various issues arising from the business rescue process, including the cancellation or suspension of the companies’ obligations under various contracts, preparing and/or reviewing post commencement finance agreements and advising the business rescue practitioner on the restructure of the group.
  • Acting for the liquidators of two South African companies regarding the investigation and institution of proceedings against the former directors of the companies in order to hold the directors personally liable for the debts of the companies (which were in excess of R500 million).
  • Acting for a prominent South African Bank regarding its R80 million claim against an Irish debtor arising from the debtor’s default under various loan agreements concluded and implemented in South Africa.

Career

Prior to joining Appleby in June 2022, Daisy practised as an attorney at Bowmans, which is widely recognised as one of the leading law firms in South Africa.

Daisy was admitted as an attorney of the High Court of South Africa in February 2016.

Education

LLB – University of Cape Town BSocSci – University of Cape Town Member of the Legal Practice Council of South Africa