Daniel Feetham QC

Daniel Feetham

Position

Partner

Telephone Number

+350 200 79000

Languages

English, Spanish

Daniel has been a commercial litigator and barrister, practising in England and Gibraltar, for the last 27 years appearing in courts at every level, including numerous times in the Court of Appeal and also in the Privy Council. He also has a very busy commercial, chancery, insolvency and trust practice, primarily in Gibraltar, but also in England and in other forums including international arbitration. He also undertakes public law work (primarily within the regulatory and commercial sectors), appears regularly in different courts in England and Gibraltar, and his work includes significant cross-border instructions, enforcement and recognition, and complex issues of jurisdiction and conflicts of law.

Daniel’s experience in public life, as the Minister for Justice and Leader of the Opposition in Gibraltar, has provided him with a unique insight into the macroeconomic and policy-based factors behind the decisions of public authorities and regulatory bodies.

In recent years has acted for and against the Gibraltar Financial Services Commission on many occasions and in 2006 devised their protocols for cooperation with foreign regulators. He acts both for and against insolvency practitioners, and has been involved in many of the major insolvency and restructuring projects involving companies in Gibraltar and the United Kingdom (in particular in the insurance industry).

Significant recent case work

Over the years he has been involved in numerous reported cases, in both England and Gibraltar. Over the last few years, his practise has been divided between commercial, insolvency, insurance and regulatory cases including in the financial services sector. Much of this work has been advisory or transactional, including dealing with the restructuring or winding-up of major group companies. Daniel is the litigator of choice for many major financial services operators in claims against the FSC and resisting applications for the appointment of provisional liquidators. The following are examples of litigated or ongoing cases:

Insolvency and restructuring:

  • Re: Elite Insurance (2018-19) – administered the liquidation of major insurance company, including restructuring through Scheme of Arrangement, run-off, and winding-up.
  • GFS Advisory work – currently advising the regulator in respect of under-reserving in longtail French construction business.
  • Mohamed Hassan Jiva v Enterprise Insurance Co Limited et al (2018-19) – various proceedings, including claim for injunction heard in the High Court, England (Mancs DR).
  • Re Peabody Holdings (Gibraltar) Limited (2016, 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:

  • Reclaim Ltd v LAP (2020, currently in the Court of Appeal) – high value claim against defaulting directors and agents, re: breach of fiduciary duty, misfeasance and breach of contract.
  • ICC Arbitration (2020, ongoing) 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, ongoing) – advising junior counsel on challenge to LCIA arbitration award (serious irregularity).

Regulatory /investment disputes:

  • 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 (2019-20) 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 tax decision – Mead Johnson v Commissioner of Income Tax (ongoing).
  • 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:

  • Braganza v Domaine Fund (2020, ongoing) – insolvency and trust proceedings regarding the liquidation of a major domain name acquisition and development company.
  • Popat v Popat (2020, awaiting judgment, Supreme Court) – high value dispute concerning existence and management of an offshore trust.
  • Advising trustees of trusts created by 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.

Lecturing

2018-2020

Lecturer at the Gibraltar University on financial services litigation for the Professional Certificate of Competence in Gibraltar Law.

Academics

LLB (Hons) Manchester University 2.1

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.

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.

Expertise: Funds Litigation
Specialism: Commercial Litigation