Daniel Burgess

Acted for HRH Princess Haya Bint Al Hussein of Jordan in both the Family Division and Court of Appeal as part of a small multidisciplinary counsel team in proceedings against her ex-husband, Sheikh Mohammed bin Rashid Al Maktoum, the current ruler of Dubai. The proceedings included allegations of phone hacking, requiring analysis of complex expert evidence, and ultimately led to the largest ever divorce settlement in the English Courts (£554 million). 

Acting for Equiti Capital UK Limited, an FCA regulated provider of brokerage services, in respect of a claim brought by three companies in knowing receipt. The Claimants allege that a Belizean company, Mediatrix Capital Inc, fraudulently obtained and misappropriated investments from the Claimants and that the Defendant had constructive knowledge of the fraud such that commissions obtained as a result of acting as execution only broker in respect of certain investments made by Mediatrix were held on constructive trust.  

Acting for the owner of a substantial commercial property portfolio in a claim in deceit brought against the insurance broker Lockton Companies LLP. The claim concerns false statements made regarding the settlement of an insurance claim following a property fire.  

Acted for the Claimant investment company. Successfully obtained a freezing order and related Norwich Pharmacal order arising out an investment fraud, and acted in relation to the underlying claim. Involved issues of breach of duty, dishonest assistance and conspiracy, and also issues relating to insolvency, default judgment and enforcement.  Subsequently obtained a default judgment including for declaratory relief.

Acting for the First and Second Defendants in a high profile claim brought by Ocado against one of its former founders regarding the alleged theft of confidential information, and a counterclaim (worth hundreds of millions of pounds) based on alleged an unlawful conspiracy between Ocado and Marks & Spencer aimed at damaging the Defendants' business. The claim has included applications for search and computer imagining orders by the Claimants.

Daniel is acting for a global manufacturer and distributor of consumer products in tracing and recovering money stolen pursuant to a $200m+ global cyber fraud. The claim has included multiple successful applications for interim relief including worldwide freezing orders, proprietary and disclosure orders and multiple applications for Norwich Pharmacal orders against banks. 

Acting for the First Defendant, ENRC in a high-profile claim brought by a partner of Dechert LLP. The claim concerns alleged surveillance carried out by the Second Defendant, Diligence International as part of an investigation into alleged wrongdoing by the partner during the period in which he was retained by ENRC.

Sole counsel for the Claimant petroleum group in a multi-million pound fraud claim against a former director of an Afghan subsidiary. Successfully obtained a world-wide freezing injunction and proprietary injunction and various ancillary orders including passport orders preventing the Defendant from leaving the jurisdiction. Successfully defended the ex parte relief following a two-day discharge application and obtained unless orders in respect of asset disclosure.

Junior counsel (led by Jonathan Crow QC) for defendants to various section 67 and 68 challenges to a $95m arbitration award against the Russian oligarch Oleg Deripaska following unlawful exclusion from a property joint venture in Moscow.  Acted for the defendants in successful applications for a world wide freezing injunction brought against Mr Deripaska in support of the arbitration pursuant too s.44 of the Arbitration Act 1996, tailored to operate around sanctions imposed on Mr Deripaska by the Trump administration. 

Since 2017, Daniel has been acting as the second of four junior counsel for the Claimants (and for most of the Claimants by way of Counterclaim and Ancillary Claim) in a US$1 billion Claim in the BVI Commercial Court concerning a joint venture in relation to various power generation and distribution assets in Russia. The Claimants are all companies owned by the Russian billionaire and ex-Russian Minister Mikhail Abyzov. The Defendants are owed by the Russian billionaire Viktor Vekselberg. 

Daniel acted for the Claimants in a number of interlocutory applications including applications for an anti-suit injunction and world-wide freezing orders (and related relief) in the sum of some US$3 billion.

Sole counsel in the Court of Appeal (before the Master of the Rolls) for the successful Appellant investment advisory firm in an appeal regarding an application to set aside judgment in a £2.1 million claim concerning the provision of allegedly negligent investment advice.

For the Claimant in a c.£45m claim concerning an alleged fraudulent conspiracy against 12 defendants including a former director of the Claimant. The claim concerned a series of complex fraudulent schemes spanning a number of years, pursuant to which the former director took bribes and acquired other secret profits. Worldwide Freezing Injunctions and delivery up orders were secured against three parties and their companies (with Anthony Peto QC).

Advising the Defendant in respect of an ongoing HK$200 million breach of contract claim brought in the Hong Kong High Court involving over ten parties. The claim raises allegations of fraud, conspiracy, breach of fiduciary duty and numerous complex issues under the Hong Kong Money Lenders Ordinance.

Sole counsel for the Claimant Marketing Company in a complex fraud claim against its Senior Finance Manager. Successfully obtained a worldwide freezing order and proprietary asset preservation orders against the Senior Finance Manager and further assert preservation orders against four other Defendants

Acted for the Claimant investment company. Successfully obtained a freezing order and related Norwich Pharmacal order arising out an investment fraud, and acted in relation to the underlying claim. Involved issues of breach of duty, dishonest assistance and conspiracy, and also issues relating to insolvency, default judgment and enforcement.  Subsequently obtained a default judgment including for declaratory relief.

Acting for Equiti Capital UK Limited, an FCA regulated provider of brokerage services, in respect of a claim brought by three companies in knowing receipt. The Claimants allege that a Belizean company, Mediatrix Capital Inc, fraudulently obtained and misappropriated investments from the Claimants and that the Defendant had constructive knowledge of the fraud such that commissions obtained as a result of acting as execution only broker in respect of certain investments made by Mediatrix were held on constructive trust.  

Acting for the owner of a substantial commercial property portfolio in a claim in deceit brought against the insurance broker Lockton Companies LLP. The claim concerns false statements made regarding the settlement of an insurance claim following a property fire.  

Acting for the First and Second Defendants in a high profile claim brought by Ocado against one of its former founders regarding the alleged theft of confidential information, and a counterclaim (worth hundreds of millions of pounds) based on alleged an unlawful conspiracy between Ocado and Marks & Spencer aimed at damaging the Defendants' business. The claim has included applications for search and computer imagining orders by the Claimants.

Daniel is acting for a global manufacturer and distributor of consumer products in tracing and recovering money stolen pursuant to a $200m+ global cyber fraud. The claim has included multiple successful applications for interim relief including worldwide freezing orders, proprietary and disclosure orders and multiple applications for Norwich Pharmacal orders against banks. 

Sole counsel in a claim arising from a substantial fraud by a former employee. Successfully obtained Norwich Pharmacal relief followed by Worldwide Freezing Orders and Proprietary Orders against five defendants. 

Since 2017, Daniel has been acting as the second of four junior counsel for the Claimants (and for most of the Claimants by way of Counterclaim and Ancillary Claim) in a US$1 billion Claim in the BVI Commercial Court concerning a joint venture in relation to various power generation and distribution assets in Russia. The Claimants are all companies owned by the Russian billionaire and ex-Russian Minister Mikhail Abyzov. The Defendants are owed by the Russian billionaire Viktor Vekselberg. 

Daniel acted for the Claimants in a number of interlocutory applications including applications for an anti-suit injunction and world-wide freezing orders (and related relief) in the sum of some US$3 billion.

Sole counsel for the Claimant petroleum group in a multi-million pound fraud claim against a former director of an Afghan subsidiary. Successfully obtained a world-wide freezing injunction and proprietary injunction and various ancillary orders including passport orders preventing the Defendant from leaving the jurisdiction. Successfully defended the ex parte relief following a two-day discharge application and obtained unless orders in respect of asset disclosure.

Junior counsel (led by Jonathan Crow QC) for defendants to various section 67 and 68 challenges to a $95m arbitration award against the Russian oligarch Oleg Deripaska following unlawful exclusion from a property joint venture in Moscow.  Acted for the defendants in successful applications for a world wide freezing injunction brought against Mr Deripaska in support of the arbitration pursuant too s.44 of the Arbitration Act 1996, tailored to operate around sanctions imposed on Mr Deripaska by the Trump administration. 

Sole counsel for an international charitable trust in a Norwich Pharmacal/bankers trust application against a major bank aimed at tracing monies stolen pursuant to a push-payment fraud

For the Claimant in a c.£45m claim concerning an alleged fraudulent conspiracy against 12 defendants including a former director of the Claimant. The claim concerned a series of complex fraudulent schemes spanning a number of years, pursuant to which the former director took bribes and acquired other secret profits. Worldwide Freezing Injunctions and delivery up orders were secured against three parties and their companies (with Anthony Peto QC).

Junior counsel for the Claimant in the initial ex parte stage of this £250m fraud case involving allegations of fraudulent misrepresentation and breach of competition law arising from a substantial acquisition in the pharmaceutical industry. 

Advising in respect of an application for urgent ex parte interim relief in support of arbitration proceedings pursuant to section 44 of the Arbitration Act 1996 (with Tom Weisselberg QC)

Junior Counsel for the Claimant in a claim arising from an alleged advance fee fraud relating to an investment in Life Settlement Policies. Successfully applied for a Worldwide freezing order and delivery up and computer imaging orders (with Tom Weisselberg QC).

Advising the Defendant in respect of an ongoing HK$200 million breach of contract claim brought in the Hong Kong High Court involving over ten parties. The claim raises allegations of fraud, conspiracy, breach of fiduciary duty and numerous complex issues under the Hong Kong Money Lenders Ordinance.

Junior Counsel for the respondent (led by Barbara Dohmann QC) in claims arising under multi-million dollar credit facilities provided by a Luxembourg bank to a Russian media group. Claim raises issues of conspiracy, breach of confidence and various issues of foreign law.

Junior counsel (led by Jonathan Crow QC) for defendants to various section 67 and 68 challenges to a $95m arbitration award against the Russian oligarch Oleg Deripaska following unlawful exclusion from a property joint venture in Moscow.  Acted for the defendants in successful applications for a world wide freezing injunction brought against Mr Deripaska in support of the arbitration pursuant too s.44 of the Arbitration Act 1996, tailored to operate around sanctions imposed on Mr Deripaska by the Trump administration. 

Acting for the Claimant in a claim concerning termination of an Equity Partner from a Russian professional services firm (with Andrew Hunter QC)

Sole counsel for a claimant metal trading company in a three-day multi-million pound ICC arbitration involving allegations of breach of contract and economic duress. Both the substantive claim, and the claim for substantial interest payments, were successful.

Advising in respect of an application for urgent ex parte interim relief in support of arbitration proceedings pursuant to section 44 of the Arbitration Act 1996 (with Tom Weisselberg QC)

Acting for a party to a Hong Kong Joint Venture in respect of a HK$6 billion construction project in Macau (with Lord Pannick QC). 

Acting for the hedge fund BlueCrest Capital Management (UK) LLP in a challenge to the FCA’s Decision Notice imposing a fine of £40.8 million and a redress scheme. The FCA decision concerns alleged breaches of PRIN 8 (conflicts of interest) arising from the management of an internal fund open only to BlueCrest employees

For the FCA (with Andrew George QC) in respect of its regulatory actions against the previous directors of Keydata Investment Services Limited. Appeared before the Regulatory Decisions Committee which handed down Decision Notices and, in respect of the former CEO of Keydata, Stewart Ford, levied a record fine for an individual of £75 million. Appeared for the FCA in the six-week hearing of the references in the Upper Tribunal.

Acting for the FCA in respect of its issuance of a Final Notice finding that Tesco Plc and Tesco Stores Ltd had committed market abuse by publishing a trading update which gave a false or misleading impression of Tesco Plc’s share and bond prices, by virtue of overstating its expected profits due to acceleration of commercial income and delayed accrual of costs.

Instructed by the Director of Enforcement of the Qatari Financial Conduct Authority to advise in respect of enforcement proceedings relating to a Qatari wealth management company.

Advising the Hong Kong Stock Exchange in respect of various statutory matters (with Lord Pannick QC).

Advising the FCA General Counsel Division in respect of a potential consumer redress scheme (with Monica Carss-Frisk QC).

For the FCA as an interested party in a judicial review of decisions taken by KPMG, acting in the role of ‘skilled person’ pursuant to section 166 of FSMA, in respect of a voluntary redress scheme in respect of the sale of interest rate hedging products. The case will have important ramifications for whether ‘skilled persons’ owe public law duties that are amenable to judicial review (with Monica Carss-Frisk QC).

Sole counsel in the Court of Appeal (before the Master of the Rolls) for the successful Appellant investment advisory firm in an appeal regarding an application to set aside judgment in a £2.1 million claim concerning the provision of allegedly negligent investment advice.

Sole Counsel for the Defendant (a network of independent IFAs) in a High Court claim against an appointed representative of the Defendant (under s.39 FSMA) regarding allegedly negligent pensions advice. 

Acting for the Defendant rapper in a dispute concerning master royalties arising from exploitation of a successful track recorded by the Defendant in 2016.

Advising a member of a well-known band regarding his rights to the band’s back catalogue 

Advising a well-known television personality with respect to alleged breaches of an endorsement contract

Acting for Heather Small, former lead singer of the band ‘M-People’ in a dispute with her former agent.

Sole counsel for a New York incorporated licencing agent in a multi-million claim against the owners of the intellectual property rights associated with the “Fifty Shades of Grey” novels written by E.L. James.

Sole counsel for the Claimant in a successful action for breach of contract following the failure of a music artist, Dizzee Rascal to perform at a music festival. 

Advice regarding the distribution of royalties in the west end musical Matilda and the ownership of rights to the stage show version of biography of Tina Turner.

For the Defendant in a jurisdiction challenge to a claim brought by the TV hypnotist Paul McKenna for declarations regarding the subsistence of a joint venture (with Robert Anderson QC).

Junior counsel for the Defendants in a two related actions brought by the author Jeffery Archer for breach of contract and ownership of rights in relation to the stage production of ‘Dirty Dancing’ (with Robert Anderson QC). 

Sole counsel for the Defendant in a two-day IPEC trial concerning the ownership of copyright in a version of the song ‘Touch Sensitive’ by the rock band ‘The Fall’ which appeared on the band’s album "The Marshall Suite" released in 1999. The band’s lead singer, Mark E Smith, gave evidence for the Claimant. The claim was dismissed with costs.

For the Claimant concert promoter in a breach of contract claim against the music artist ’50 Cent’ and related companies.

Acted for the Appellant in an appeal from a disciplinary decision pursuant to the British Ski and Snowboard Code of Conduct.

Acted for a player in a Rule K arbitration in respect of a lengthy ban arising from an alleged assault on a match official.

Acted as sole counsel for Leeds against Nick Randall QC in an FA Rule K arbitration regarding the transfer of the Cameron Stewart from Hull City.

Acted for Samoan rugby international Mr Tuilagi in an appeal from a Disciplinary Decision for striking with the knee in the Rugby World Cup 2015 pool game between Samoa and Japan. Appeal heard de novo and partially upheld. Suspension reduced to 2 weeks.

Acted for Leeds in an FA Rule K arbitration regarding the transfer of the Cameron Stewart from Hull City.

Acting for a Championship football club in a rule K arbitration against a football agent regarding fees paid upon the transfer of a player.

For a Formula One racing driver in a contractual dispute with his team.

For the former owner of a Football Conference club in a contractual dispute with the Club’s directors.

For a player in a Rule K arbitration in respect of a lengthy ban arising from an alleged assault on a match official.