Darren Martinez

Darren Martinez

Position

Senior Associate

Telephone Number

(+350) 200 79000

Languages

English

Darren joined Hassans in October 2011 and is a Senior Associate in the firm’s litigation department.

Darren has a busy and varied practice across most of the department’s practice areas with a particular focus on commercial, insolvency, construction and crypto-currency/distributed technology ledger law. He appears regularly in the Supreme Court of Gibraltar. He has also appeared (as a junior) in the Court of Appeal for Gibraltar. Darren has experience appearing before statutory boards and tribunals, including the Development and Planning Commission, the Parole Board and the Business Licensing Authority where he acts for both applicants and objectors.

Areas of practice

Corporate/commercial & Insolvency

Darren is developing a broad practice in commercial and insolvency matters. He also has experience making various types of applications under the Companies Act 2014 and Insolvency Act 2011.

Recent instructions include:

  • Acting for a liquidator in ongoing litigation involving a fraud claim. The matter is due to be heard by the Court of Appeal for Gibraltar shortly.
  • Acting for a liquidator (led by Daniel Feetham QC) in claims against ex-directors for breach of fiduciary duty.
  • Instructed by a company which invested in a Gibraltar Protected Cell Company in the first case in Gibraltar involving the administration of a Gibraltar protected cell company under the Protected Cell Companies Act.
  • Instructed by an online gaming company to act against a developer of payment gateway services in relation to a claim for breach of contract / negligence.
  • Advising and instructed by a Gibraltar Company in relation to a cross-border merger pursuant to the Gibraltar Companies (Cross-Border Mergers) Regulations 2010.

Regulatory

Darren has acted (with Daniel Feetham QC) for regulated entities in various disputes where the local Financial Services Regulator, the Gibraltar Financial Services Commission, has exercised its powers under the Solvency II Directive, the Financial Services (Insurance Companies) Act 1987 and the Financial Services (Information Gathering and Co-operation) Act 2013). These cases have often dealt with important issues for Gibraltar’s Finance Centre and have been widely reported on by local media.

Construction

Darren has been involved in a number of construction cases acting for both developers and contractors, including:

Darren also has experience appearing before the Development and Planning Commission, the decision-making statutory body which considers applications for planning permission in Gibraltar.

Crypto-Currency, Distributed Ledger Technology

Darren has a developing practice dealing with crypto-currency and DLT litigation work. Darren is currently advising a client following a loss in investment funds due to alleged leakage of coins, contrary to the vesting schedule. Questions include the legal status of a White Paper and issues surrounding the late amendment to vesting schedules prior to the Initial Coin Offering.

Education and Memberships

  • University of Leeds, LLB – 2007 – 2010
  • BPP Law School Leeds, Bar Practitioner’s Training Couse – 2010 – 2011
  • Call to the Bar (England and Wales) – 2011
  • Call to the Bar (Gibraltar) – 2012
  • Council Member of the Gibraltar Bar Council – 2016 – 2018
  • Secretary of the Gibraltar Middle Temple Society – 2016 to date
Expertise: Litigation
Specialism: