Daniel Feetham QC

Position

Partner

Telephone Number

(+350) 200 79000

Languages

English, Spanish

Daniel is a member of the Gibraltar Parliament and Shadow Minister for Justice, Financial Services and Employment. He was Gibraltar’s first dedicated Minister for Justice from 2007 to 2011.

As Minister for Justice he led the most profound reforms of our legal system in living memory. These included the construction of a new modern court complex, the creation of the Gibraltar Court Service led by an experienced CEO, the recruitment of more judges and seminal legal reforms including the Crime Act, Criminal Procedure and Evidence Act and the Insolvency Act to name but a few.

Daniel spent the first part of his career as a barrister in England from 1993 to 2000. In England his main areas of practice were general commercial disputes, banking and insolvency. He appeared regularly in the Mercantile Court in Manchester and also appeared in the Court of Appeal in the Royal Courts of Justice several times.

Reported cases include;

Katz v. Mcnally 2 [1997] BCLC 579 on champerty and maintenance and Sovereign Finance v Silver Crest [1997] CCLR 76 one of the leading cases on exclusion clauses in a Hire-Purchase Agreements.

From 2000 to 2007 he regularly appeared in the Supreme Court and the Gibraltar Court of Appeal. Reported cases include;

Isola and Nine Others v. Campello, Rock News Limited [1999-00 Gib LR 418] (affirmed in the Court of Appeal [1999-00 Gib LR 423]) on extension of time for leave to appeal; Gibnet Limited v. Wireless Officer (CA) [1999-00 Gib LR 493] judicial review and liberalisation of the telecommunications sector; Exchange Travel (Gibraltar) LTD v. Cardona (CA) [2001-02 Gib LR 193] on restrictive covenants and costs; Goodwin v. Topgem Ltd (Supreme Court) [2001-2002 Gib LR 316] on personal injury which was lost in the Supreme Court but won on appeal to the Court of Appeal; Attorney General and Minister for Tourism v. M.H. Bland (C.A.) [2003-04 Gib LR 177] judicial review and implied covenants; R (A Gibraltar Company) v Financial Services Commissioner (CA) [2003-04 Gib LR 224] judicial review of a decision of the FSC; Benoliel v. Benoliel (CA) [2003-04 Gib LR 507] on trusts, limitation of actions and civil procedure; Whately, Phillips & Co [2007-09 Gib LR 82] (in the Privy Council) on professional negligence and third party insurance liability.

He was also part of the Gibraltar delegation which negotiated the New Constitution for Gibraltar with the United Kingdom in 2006. Apart from his litigation practice, he was also one of the pioneers in the funds industry. He chaired the Working Group on Reform of Funds Legislation and co-drafted the Financial Services (Experienced Investor Fund) Regulations 2005.

 

Expertise: Funds Litigation
Specialism: Commercial Litigation