Daniel Feetham
Daniel is a senior and highly experienced courtroom and advisory leader who specialises in complex and high value, international and domestic commercial, insolvency and financial services related cases. He practices from London and Gibraltar. He heads the Hassans Insolvency and Insurance Litigation practice.
“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 practise. He then dual qualified and began practising in Gibraltar too before becoming a Partner at Hassans. In 2016 he was awarded the title of Queens Counsel.
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. He also has a very well-established insolvency practice.
The following are examples of litigated or ongoing cases:
Insolvency, restructuring and insurance:
Advising the Irish State Claims Agency (Irish Compensation Fund) in relation to Gibraltar insolvency legislation (2021-ongoing)
Advising the UK Motor Insurance Bureau in relation to the potential setting up of a Gibraltar Insolvency Compensation Fund and drafting legislation for the removal of the effect of Vnuk from Gibraltar law (2021-ongoing)
Enterprise Insurance Company plc v. Flowers (and others) (2021) representing a director in a claim brought by the liquidator of an insurance company in a breach of trust case involving complex issues relating to the solvency capital margins of an insurance company and separately the inter relationship between the balance sheet and cash flow insolvency test in relation to insurance companies.
MCE Insurance Company Limited (2021-2022) applying for an Administration Order in relation to an insurance company and representing the Joint Administrators in London.
Reclaim Ltd v LAP – high value claim against defaulting foreign agents, re: extraterritorial effect of insolvency statute provisions. Successful in the Supreme Court (2019), the Court of Appeal (2020) and the Privy Council (2022)
Gefion Insurance v. Pukka Insure Limited(Supreme Court 2020) successful freezing injunction against an alleged insolvent insurance agent in support of an £8m claim (https://www.gcs.gov.gi).
Gefion Insurance v Pukka Insure Limited successfully resisting a complex jurisdictional application involving Danish law experts and the enforceability of asymmetrical jurisdictional clauses.(2021).
Braganza v Domaine Fund (2020- ongoing) – insolvency and trust proceedings regarding the liquidation of a major domain name acquisition and development company.
Representing a multinational subsea engineering, construction and services group in relation to a court approved Scheme of Arrangement in order to help it mitigate a £10m Cumulative Transaction Adjustment in its consolidated accounts created by the translation of the euro balance sheet of a Gibraltar entity into USD for the purposes of Group reporting (Mr Justice Restano 2020).
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: Elite Insurance (2018-19) – approval of the Supreme Court 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) – 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 (31 May 2016, per Jack J).
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 (30 June 2016, Jack J).
Commercial /arbitration:
ICC Arbitration (2020) – advising in leading role, 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 in Gibraltar.
Tozzi Energy v EEI (2020) – advising junior counsel on challenge to LCIA arbitration award (serious irregularity).
Regulatory, state aid and investment disputes:
GFSC Advisory work – handled the first case in Gibraltar before the 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 (2019-22) – 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 .
Re: Adria-Alpe Fund(2019) – advised and acted for one of a number of Experienced Investor Funds, on their due diligence and investor spread.
Chancery:
Popat v Popat (Supreme Court 2020-ongoing) – high value dispute concerning existence and management of an offshore trust (https://www.gcs.gov.gi).
Advising trustees of trusts created by the late Boris Borezovsky 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.
Successfully defending the trustees of trusts created by the late Boris Berezovsky against claims made by his trustee in bankruptcy. On going in the Court of Appeal.
Media:
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 (https://www.gcs.gov.gi).
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. Successfully defended the right to jury trial in libel cases in Gibraltar.
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.
Lecturing:
2018-2020
Lecturer at the Gibraltar University on financial services litigation for the Professional Certificate of Competence in Gibraltar Law.
Academics:
BA (Hons) History Reading University
LLB (Hons) Manchester University
ICSL Bar Professional Training Course
Member of the Hon Society of Gray’s Inn
LEGAL CAREER
Chronology
1993-1994
Pupillage at leading insolvency set 3/4 South Square, Grays Inn (first six) and leading commercial set Fountain Court Chambers, Temple (second six).
1994-2000
Practised at the Bar in Manchester (Merchant Chambers which then merged with St John’s Buildings at 28 St John Street). Primarily commercial and chancery work.
2000-2004
Barrister & Head of Litigation at Isolas, Gibraltar. Maintained dual practice, Gibraltar and England (commercial and cross-border insolvency).
2004-2019
Barrister & Senior Litigation Partner at Hassans International Law firm, Gibraltar. Appointed Senior Litigation Partner in 2011 (Litigation Partner prior to that). Maintained dual practice, Gibraltar and England (primarily commercial and cross-border insolvency). Between 2007 and 2011, I served as Minister for Justice, during which time I oversaw major reforms and modernization of the court system and substantive elements of commercial and insolvency law.
2016
Appointed Queen’s Counsel in Gibraltar in recognition of the highest standard of personal professional integrity and competence in practise of the law.
Political career
Minister for Justice 2007-2011
Deputy Leader of the Opposition 2011-2013
Leader of the Opposition 2013-2017
Currently Shadow Minister for Justice
Availability
Daniel continues to act in a wide range of cases and maintain a practising certificate for practise in the UK (England and Wales) – in all courts: High Court, Court of Appeal, Supreme Court and the Judicial Committee of the Privy Council. He works with a number of juniors in the UK, and can easily put together a team of lawyers if required. He continues to practise in Gibraltar, and to act in international arbitrations and other forums.