Daniel Burgess Technically astute and able to cut quickly to the heart of a case

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Daniel Burgess Technically astute and able to cut quickly to the heart of a case LEGAL 500, 2017 Year of call: 2011 Degree: MA (Cantab); SM (MIT) (Kennedy Scholar) The focus of Daniel s practice is

He is also frequently instructed as part of multi-counsel teams in large-scale commercial disputes.

1 Daniel Burgess Technically astute and able to cut quickly to the heart of a case LEGAL 500, 2017 Year of call: 2011 Degree: MA (Cantab); SM (MIT) (Kennedy Scholar) The focus of Daniel s practice is commercial litigation, arbitration, and financial services. He has been instructed as sole counsel in the Court of Appeal, all divisions of the High Court and in ICC arbitral proceedings. He is also frequently instructed as part of multi-counsel teams in large-scale commercial disputes. Daniel is recognised as a leading junior in the latest edition of The Legal , for his expertise in media and entertainment, and sport. EXPERIENCE Commercial Daniel has been instructed on a broad range of high value commercial litigation and regularly appears in all divisions of the High Court. Recent commercial cases have included acting successfully as sole counsel for an investment advisory firm before the Master of the Rolls in the Court of Appeal, acting as sole counsel for the three defendants in an ongoing 10 million commercial court claim and acting as junior counsel for Merill Lynch in a 650 million claim brought by a company owned by Vincent Tchenguiz. Daniel has particular experience of commercial litigation involving financial services and allegations of fraudulent wrongdoing. He is a member of the COMBAR Junior Committee. Danilina v Chernukhin and others (Commercial Court 2017, ongoing) Junior Counsel (led by Jonathan QC) for the defendant to a multi-million dollar dispute concerning the ownership of assets based on an alleged oral agreement

2 Renova Industries Ltd (& ors.) v. Emmerson International Corporation (& ors.) BVI Commercial Court Junior Counsel for the Claimants in a Claim in the BVI Commercial Court concerning a joint venture in relation to various power generation and distribution assets in Russia. The sum claimed is approximately US$1 billion. Mohun-Smith v TBO Investments Ltd [2016] EWCA Civ 403 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. X & Otrs v Y & Otrs Queen s Bench Division 2016, ongoing Junior Counsel for the Claimant in a c. 45m claim concerning an alleged fraudulent conspiracy against twelve defendants including a former director of the Claimant company. The claim concerns a series of complex fraudulent schemes spanning a number of years, pursuant to which it is alleged the former director took bribes and acquired other secret profits. Worldwide Freezing Injunctions and delivery up orders have been secured against three parties and their companies (with Anthony Peto QC). Steven Mears v Funeral Partners Limited QBD, 2018 Acted for the Claimant in a dispute concerning the proper construction of a Share Purchase Agreement. Successful in the claim following a hearing of cross-applications for summary judgmemt. X (energy company) v Y (former directors) Commercial Court 2016, ongoing Sole counsel for the Defendants in an ongoing 10 million claim for breach of fiduciary duty/restrictive covenants, misuse of confidential information and conspiracy brought by a renewable energy company. Appeared successfully in two interlocutory applications against a leading silk. Listed for two week trial in Aqua Global Solutions Ltd. v Fiserv (Europe) Ltd. [2016] EWHC 1627 (Ch) For the Defendant financial services technology firm in a claim for copyright infringement arising from the licencing of financial transaction software to a major retail bank. Acted as sole counsel The claim has included a number of interlocutory applications including for a mandatory injunction, specific disclosure and summary judgment.

3 Proxima Property Topco Limited v Merrill Lynch International & Otrs Commercial Court 2015, settled 2016 For Merrill Lynch in a 650 million claim by a company owned by Vincent Tchenguiz in respect of interest rate hedging products provided by the bank. The claim raises allegations of misrepresentation in respect of LIBOR and ISDAfix manipulation and front-running (with Robert Howe QC). Tarin & Otrs v Bhandari & Otrs Queen's Bench Division 2016, ongoing 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). Granville v On-Line Partnership Ltd Queen's Bench Division 2016, ongoing 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. Tagoe v Barclays Bank Queen's Bench Division 2015, settled 2016 Sole Counsel for the Claimants in a High Court claim for breach of contract/negligence and breach of various FCA regulations in respect of advice given by Barclays to enter into complex interest rate swap contracts. Liberty Investing Ltd v Karl Sydow & Otrs [2015] EWHC 608 (Comm) 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). HK$200 million commercial/fraud claim Advising a Defendant in respect of a 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. Ascot Ltd v Moving City Ltd & Otrs Chancery Division 2015, ongoing Sole counsel for the Claimant in a claim for breach of restrictive covenants, misuse of confidential information and breach of database rights. Successfully applied for pre-action delivery up and computer imaging orders.

4 McKenna v Staples Chancery Division 2015, ongoing 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). Totel v HMRC [2014] UKUT 485 (TCC) Sole counsel for the appellant in an appeal to the Upper Tribunal (Tax and Chancery Chamber) following the decision of the FTT to reject the appellant s application for hardship in relation to two appeals against VAT assessments by HMRC. [Confidential] v [Confidential] Chancery Division, settled 2015 Junior Counsel for the Claimant in a $17 million High Court action for trade mark infringement and fraudulent conspiracy arising from the parallel importation and sale of computer products. Civil Fraud, Asset Recovery & Injunctive Relief Daniel has been instructed on a number of substantial civil fraud disputes including complex financial frauds, bribery and data theft and recovery. Daniel has a growing practice in pre-emptive injunctive relief and is regularly instructed on without notice applications in the High Court for worldwide and domestic freezing injunctions, search orders, disc imaging orders, delivery up and third party disclosure orders. Deripaska and others v Chernukhin and others Commercial Court 2017, ongoing Junior counsel (led by Jonathan Crow QC) for defendants to various section 67 and 68 challenges to a $95m arbitration award following unlawful exclusion from a property joint venture in Moscow. Successfully obtained a World Wide Freezing Order in support of the arbitration pursuant to s.44 of the Arbitration Act X & Otrs v Y & Otrs Queen s Bench Division 2016, ongoing Junior Counsel for the Claimant in a c. 45m claim concerning an alleged fraudulent conspiracy against twelve defendants including a former director of the Claimant company. The claim concerns a series of complex fraudulent schemes spanning a number of years, pursuant to which it is alleged the former director took bribes and acquired other secret profits. Worldwide Freezing Injunctions and delivery up orders have been secured against three parties and their companies (with Anthony Peto QC).

5 [Confidential] LCIA Arbitration, 2017 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) X (energy company) v Y (former directors) Commercial Court 2016, ongoing Sole counsel for the Defendants in an ongoing 10 million claim for breach of fiduciary duty/restrictive covenants, misuse of confidential information and conspiracy brought by a renewable energy company. Appeared successfully in two interlocutory applications against a leading silk. Listed for two week trial in Tarin & Otrs v Bhandari & Otrs Queen's Bench Division 2016, ongoing 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). [Confidential] v [Confidential] Chancery Division, settled 2015 Junior Counsel for the Claimant in a $17 million High Court action for trade mark infringement and fraudulent conspiracy arising from the parallel importation and sale of computer products. HK$200 million commercial/fraud claim Advising a Defendant in respect of a 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. Multi-million pound fraud claim - Hong Kong Advising the Defendants to a multi-million pound fraud, breach of fiduciary duty and breach of contract claim brought in the Hong Kong High Court (with Andreas Gledhill QC). Arbitration Daniel has been instructed, both as a junior and as sole counsel, in relation to a number of domestic and international arbitrations. His recent arbitration experience includes acting successfully as 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

6 [Lux Bank] v [Russian media company] LCIA Arbitration 2018, ongoing Junior Counsel to the respondent (led by Barbara Dohmann QC) in claims arising under various credit facilities. Deripaska and others v Chernukhin and others Commercial Court 2017, ongoing Junior counsel (led by Jonathan Crow QC) for defendants to various section 67 and 68 challenges to a $95m arbitration award following unlawful exclusion from a property joint venture in Moscow. Successfully obtained a World Wide Freezing Order in support of the arbitration pursuant to s.44 of the Arbitration Act [Former Equity Partner] v [Russian Professional Services Firm] LCIA Arbitration, 2017 ongoing Acting for the Claimant in a claim concerning termination of an Equity Partner from a Russian professional services firm (with Andrew Hunter QC) [UK Metal Trading Company] v [Brazilian Metal Trading Company] ICC Arbitration, 2015 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. [Confidential] LCIA Arbitration, 2017 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) [HK Joint Venturer A] v [HK Joint Venturer B] Hong Kong International Arbitration Centre (HKIAC) Arbitration, 2015 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). Financial Services Daniel regularly acts for and against banks, IFAs and private individuals in proceedings involving substantial corporate finance transactions and the provision of investment and financial advice. Daniel also regularly advises and acts for clients including the FCA, PRA private individuals and companies in relation to a variety of financial services matters including applications for approvals, collective investment schemes, enforcement proceedings, market abuse and the FCA s conduct of business rules.

7 Recent work has included acting for the FCA in the high-profile judicial review brought against KPMG relating to the FCA s review of interest rate hedging products and is currently instructed by the FCA in the long-running enforcement proceedings against the previous directors of Keydata. In 2012, Daniel was seconded to the Financial Conduct Authority for 5 months during which time he worked in the Enforcement Division. Daniel is on the Executive Committee of the Financial Services Lawyers Association and regularly delivers talks and seminars on financial services including to the Dubai Financial Services Authority, solicitors firms and the legal team in the Enforcement Division of the FCA. Stewart Ford & Otrs v Financial Conduct Authority [2015] UKUT 220 (TCC) AFor 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. Mohun-Smith v TBO Investments Ltd [2016] EWCA Civ 403 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. R (Holmcroft) v KPMG [2015] EWHC 1888 (Admin) 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). Tagoe v Barclays Bank Queen's Bench Division 2015, settled 2016 Sole Counsel for the Claimants in a High Court claim for breach of contract/negligence and breach of various FCA regulations in respect of advice given by Barclays to enter into complex interest rate swap contracts. Granville v On-Line Partnership Ltd Queen's Bench Division 2016, ongoing 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.

8 Proxima Property Topco Limited v Merrill Lynch International & Otrs Commercial Court 2015, settled 2016 For Merrill Lynch in a 650 million claim by a company owned by Vincent Tchenguiz in respect of interest rate hedging products provided by the bank. The claim raises allegations of misrepresentation in respect of LIBOR and ISDAfix manipulation and front-running (with Robert Howe QC). R (Jenkinson and others) v Financial Conduct Authority Queen's Bench Division, 2014, dismissed at permission stage For the FCA in a judicial review challenging the FCA s decision to amend the terms of a redress scheme in relation to the misselling of interest rate swaps (with Monica Carss-Frisk QC). Ms Julia Hornby v (1) Chancery Partnership LLP (2) Chancery (UK) Ltd (3) OC Limited (4) Ward Consultancy Limited (in liquidation) Queen's Bench Division 2014, ongoing For the Fourth Defendant in a claim for negligence, breach of statutory duty and breach of contract regarding the misselling of unregulated collective investment schemes. Hong Kong Stock Exchange advice Advising the Hong Kong Stock Exchange in respect of various statutory matters (with Lord Pannick QC). R (Ford) v FSA [2012] Lloyd s Rep FC 461 Appeared for the FCA in the Court of Appeal in respect of the Claimant s application for permission to appeal the above substantive judgment concerning the status and permitted use of documents allegedly subject to joint privilege in the hands of, amongst others, Stewart Ford, the former Chief Executive of the financial services firm, Keydata. PRA advice Advising the PRA in relation to its report into the failure of HBOS. Consumer redress scheme advice Advising the FCA General Counsel Division in respect of a potential consumer redress scheme (with Monica Carss-Frisk QC). FSMA provisions advice Advising the FCA as to the construction of various provisions of FSMA 2000.

9 FCA advice Daniel was instructed by the FCA over a period of three months to advise in relation to the drafting of the consequential amendments to various pieces of legislation necessitated by changes to FSMA 2000 brought about by the Financial Services Act This included legislation in relation to money laundering, insolvency procedure, electronic payment schemes, insurance regulations, Lloyds syndicates, regulations relating to auditors and actuaries, regulations in relation to the administration of investment banks and capital requirement regulations (in relation to certain EU Directives). Employment & Data Protection Daniel regularly acts in High Court claims relating to removal of confidential information, breach of restrictive covenants, and breach of director's duties and has obtained a number of interim injunctions in respect of such claims. X & Otrs v Y & Otrs Queen s Bench Division 2016, ongoing Junior Counsel for the Claimant in a c. 45m claim concerning an alleged fraudulent conspiracy against twelve defendants including a former director of the Claimant company. The claim concerns a series of complex fraudulent schemes spanning a number of years, pursuant to which it is alleged the former director took bribes and acquired other secret profits. Worldwide Freezing Injunctions and delivery up orders have been secured against three parties and their companies (with Anthony Peto QC). X (energy company) v Y (former directors) Commercial Court 2016, ongoing Sole counsel for the Defendants in an ongoing 10 million claim for breach of fiduciary duty/restrictive covenants, misuse of confidential information and conspiracy brought by a renewable energy company. Appeared successfully in two interlocutory applications against a leading silk. Listed for two week trial in Ascot Ltd v Moving City Ltd & Otrs Chancery Division 2015, ongoing Sole counsel for the Claimant in a claim for breach of restrictive covenants, misuse of confidential information and breach of database rights. Successfully applied for pre-action delivery up and computer imaging orders. Media & Entertainment Daniel has been involved in a variety of cases within the sphere of Media and Entertainment and has acted for and against a range of musical artists, composers and producers including 50 Cent, Dizzee Rascal and The Fall. Technically astute and able to cut quickly to the heart of a case LEGAL 500, 2017

10 McKenna v Staples Chancery Division 2015, ongoing 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). (1) Minder Music Limited (2) Julia Adamson v Steven Sharples [2015] EWHC 1454 (IPEC) 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 The band s lead singer, Mark E Smith, gave evidence for the Claimant. The claim was dismissed with costs. Liberty Investing Ltd v Karl Sydow & Otrs [2015] EWHC 608 (Comm) 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). Europejskie Centrum Kulturyi Edukacji Hanza Art SP.Z.O v (1) G-Unit Touring Inc; (2) Curtis James Jackson; (3) Violator Entertainment Inc 2015, ongoing For the Claimant concert promoter in a breach of contract claim against the music artist 50 Cent and related companies. GBMYDR Ltd v Dylan Mills (aka Dizzee Rascal) 2017 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. Sport Daniel has been instructed on a broad range of sporting disputes, including civil and commercial litigation, agency and commercial disputes and disciplinary proceedings before sports governing bodies. Trusted by clubs and governing bodies on complex disciplinary cases LEGAL 500, 2017

11 World Rugby v Alesana Tuilagi Rugby World Cup Disciplinary Panel, 2015 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. Leeds United FC v Cameron Stewart Rule K Arbitration, 2015 Acted for Leeds in an FA Rule K arbitration regarding the transfer of the Cameron Stewart from Hull City. [Championship Club] v [Football agent] Rule K Arbitration 2016 Acting for a Championship football club in a rule K arbitration against a football agent regarding fees paid upon the transfer of a player. Contractual dispute For a Formula One racing driver in a contractual dispute with his team. Football Conference Club contractual dispute For the former owner of a Football Conference club in a contractual dispute with the Club s directors. Rule K arbitration For a player in a Rule K arbitration in respect of a lengthy ban arising from an alleged assault on a match official. ACHIEVEMENTS Education MA (Cantab); SM (MIT) (Kennedy Scholar) Major Scholar of the Inner Temple for GDL (2008) and BPTC (2010) MIT Graduate Fellow (2006)

12 John F. Kennedy Memorial Scholar (funded study at MIT and Harvard University) (2005) Jesus College, Cambridge Senior Scholar (2004)

Peter Head Has excellent drafting and technical skills together with a confident and articulate advocacy approach

Peter Head Has excellent drafting and technical skills together with a confident and articulate advocacy approach CHAMBERS UK, 2018 Year of call: 2008 Degree: MA (Cantab); LLB (first class) Peter s practice