Daniel Feetham KC

Practice Areas

Daniel Feetham KC has been a commercial litigator and barrister, practising in England and then 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, and in other forums including international arbitration. He undertakes public law work (primarily within the regulatory and commercial sectors), appears regularly in Gibraltar, and occasionally for clients of the firm in England. His work includes significant cross-border instructions, enforcement and recognition, and complex issues of jurisdiction and conflicts of law.

Significant recent case work

Over the years he has been involved in numerous reported cases. His practice 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 GFSC and resisting applications for the appointment of provisional liquidators. He has also recently been instructed by the GFSC in relation to regulatory work on cases involving Solvency II technical provisions and reserving for French construction insurance business, in relation to which Daniel has developed significant expertise over the years. He also has experience of media disputes such as libel and has been involved in several libel cases over the years. He also recently appeared in the leading case in Gibraltar on injunctions and the law of privacy (ABC v. XYZ).

The following are examples of litigated or ongoing cases:

Insolvency and restructuring:

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:

Reclaim Ltd v LAP – high value claim against defaulting foreign agents, re: extraterritorial effect of provisions in the Insolvency Act (https://www.gcs.gov.gi). Successful both in the Supreme Court (2019) and the Court of Appeal (2020). View here.

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:

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 (2019-20) – 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 decision to reclaim £100m in tax – 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:

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. View here.

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 (Supreme Court 2020) – high value dispute concerning existence and management of an offshore trust (https://www.gcs.gov.gi).

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.

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) (Supreme Court 2020) – Defamation claim brought by two senior Gibraltar Defence Police Officers against the Panorama newspaper and one of its reporters.

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.