Daniel Benedyk. Practice Areas. Year called 2016

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Daniel Benedyk Year called 2016 daniel.benedyk@39essex.

1 Daniel Benedyk Year called 2016 Daniel s practice focuses on commercial and construction disputes, international arbitration, financial services and public and regulatory law. He appears frequently in court and regularly undertakes pleading and advisory work. Before joining the Bar, Daniel qualified as a solicitor at Allen & Overy LLP where he gained extensive experience of high-value commercial litigation, typically with a significant international element. Daniel has a particular interest in international work, following secondments to Moscow, the International Swaps and Derivatives Association and regularly working across several jurisdictions. He brings to the Bar developed transactional knowledge in matters including leveraged and asset finance, derivatives and capital markets. Latterly, he worked at the Financial Conduct Authority as a solicitor in its Enforcement & Market Oversight Division, advising on a range of contentious regulatory issues. Practice Areas Commercial & Construction; International Arbitration Banking & Finance Regulatory & Disciplinary Administrative & Public Planning, Environment & Property Civil Liability Practice Areas

2 Commercial & Construction; International Arbitration Daniel brings considerable knowledge and experience to a range of contentious commercial, construction, engineering and infrastructure projects (in both domestic litigation and international arbitration). Recent matters include: Acting for the contractor in a multi-million dollar SIAC arbitration arising out of the rehabilitation, design and construction of a road of national significance in the Islamic Republic of Afghanistan (FIDIC Pink Book). Issues include delay and extensions of time, advance payment, early completion, and the enforcement of binding non-final Dispute Board decisions. Second junior for the claimants in a multi-million pound fraud claim, involving complex multijurisdictional transactions (the UK, Netherlands and Moldova) where it is alleged that the UBO was unlawfully deprived of assets valued at hundreds of millions of dollars. Acting for the potential defendant following allegations of serious breaches of warranties and misrepresentation arising out of the Icelandic banking crisis. Acting for the potential claimant in relation to allegations of director and shareholder fraud. Acting for the claimant in relation to allegations of negligent misstatement following the issuance of loan notes and a share purchase agreement, involving professional negligence and withholding tax considerations. Sole counsel acting for the defendant in a claim arising out of a bespoke contract for works valued in excess of 200,000, involving complex issues of contractual interpretation and rectification. Sole counsel in a claim for the defective and dangerous construction of a new-build residential development, including issues under the Defective Premises Act Sole counsel acting for builders in claims for non-payment following completion of substantial renovation projects, including defending counter-claims for defective workmanship. Daniel s previous experience as a solicitor at Allen & Overy has enabled him to gain exposure to a wide range of complex commercial litigation. Some examples include: Acting for the defendants in high-value and widely reported allegations of LIBOR and EURIBOR misrepresentation. Rail infrastructure arbitration following disputes between rail network operators and electricity cable maintenance providers. Trustee litigation in both the High Court and Court of Appeal, arising from credit rating agency downgrading during the financial crisis (CDO products): Napier Park European Credit Opportunities Fund Ltd v Harbourmaster Pro-rata CLO 2 BV [2014] EWCA Civ 984. The construction and operation of multiple drilling rig units offshore Brazil. Advising on limitation and professional negligence issues in a waste management and biological treatment project. Capital markets litigation arising out of the Argentina bonds dispute.

3 Acting for an investment bank following a Statement of Objections in connection with credit derivatives and the alleged prevention of exchange trading. During pupillage, Daniel assisted Karim Ghaly QC with several commercial and construction cases, including: Pleadings on behalf of oil and gas exploration companies with respect to matters including defective products and contested rate payments during suspension of drilling. Pleadings for the claimant arising out of defective repairs at a sewage works. Advising on EOT applications. Advising on various commercial matters including PFI projects, insurance, indemnities and limitation periods. Banking & Finance Daniel has significant experience of banking and financial services disputes, as a former associate at the Financial Conduct Authority where he advised on a range of contentious regulatory issues. In particular, he has had extensive exposure to the Regulatory Decisions Committee and the Upper Tribunal (Tax and Chancery Chamber). He is currently instructed by the FCA to advise on the regulation and authorisation of peer-to-peer lenders, with a particular focus on issues under Article 36H of the Regulated Activities Order, collective investment schemes and alternative investment funds. Daniel also advises the Financial Ombudsman Service regularly, dealing with a range of issues including jurisdiction, consumer credit, bank lending, unfair relationships, debtor-creditor-supplier agreements and appointed representatives. Daniel brings practical experience to banking and financial disputes, having previously worked as a solicitor at Allen & Overy. Some examples include: Structuring and negotiating derivative products, including CDOs, credit default swaps and advising on alleged anti-competitive prevention of exchange traded platforms. Negotiating leveraged and asset finance products, such as cross-jurisdictional securitisation of shipping loan portfolios, aircraft (including under the Cape Town Convention), helicopter and shipping leasing arrangements. Debt and equity capital markets, including loan participation notes, corporate bonds and rights issuances. In particular, Russian products in a challenging sanctions-driven environment during a sixmonth posting to Moscow. A specific focus has been on emerging markets, involving issuers incorporated in jurisdictions in Cyprus, Romania, Greece and Turkey. Regulatory & Disciplinary

4 Daniel frequently advises the energy regulator and competition authority Ofgem on a wide range of highly topical and widely reported matters, including the proposed retail price restriction on standard variable rates. He has also advised on matters including smart metering, consumer engagement, back-billing and warrants. Daniel s other regulatory work includes advising the Financial Conduct Authority and the Financial Ombudsman Service. Prior to joining the Bar, Daniel worked in the Enforcement & Market Oversight division of the FCA where he: Managed a wide caseload of contentious authorisations matters, including in relation to market significant high-profile firms. Prepared representation before the Regulatory Decisions Committee (akin to the First-tier Tribunal in other jurisdictions) and the Upper Tribunal. Advised the FCA on structural questions relating to its authorisations procedures, requiring an extensive understanding of the FCA Handbook. Built on previous work in relation to market abuse and the supervisory function of regulated persons. During pupillage, Daniel worked on regulatory cases including: Assisting with the representation of the SRA at the Solicitors Disciplinary Tribunal, in a prosecution arising primarily out of Al-Sweady issues (with Andrew Tabachnik QC). Drafting allegations for the SRA in relation to a solicitor s suspected fraudulent activity. Assisting with a Police Appeals Tribunal matter. Administrative & Public Daniel s recent instructions include a confidential child sexual abuse investigation. Previously, he has advised organisations such as Liberty, Reprieve, the Law Centres Network and Interrights on the death penalty, protection of children in warzones and discrimination. During his time as a solicitor, he advised on matters including the court s approach to national security and political donations. During pupillage, Daniel assisted Kate Grange QC on a number of high-profile public law matters including: Wide-ranging advice on the application of RIPA provisions to a government department. Ouster clauses and the amenability of specialist tribunals to judicial review. Responding to a high-profile immigration appeal against the Home Secretary s decision to exclude a foreign national from the UK. Planning, Environment & Property

5 Daniel has recently advised on matters including street trading and new markets. During pupillage, Daniel assisted Andrew Tabachnik QC with a number of planning issues including: Drafting summary grounds of defence to contest the Judicial Review of a council s decision to adopt informal planning guidance. Advising on various Green Belt issues. Advising a developer on the proposed allocation of land as open space. Advising a developer on flood zones and sequential assessment. Assisting developers at a planning inquiry, with a particular focus on OAN and HLS. Advising on appeals against refusals of planning permission, including on OAN and HLS grounds, heritage impact, neighbouring amenity and highway impact. Assisting with the making of a CPO. Civil Liability Daniel has experience dealing with CCMCs, credit hire, approval of settlements for children and protected parties, and the quantification of damages in personal injury claims. During pupillage he assisted with: Advice on the recoverability of damages by secondary victims. Drafting a witness statement for permission to serve out of the jurisdiction. Advice on the Human Fertilisation and Embryology Act RTA 1998 compulsory insurance requirements. Drafting pleadings, schedules and counter-schedules of loss and damage, including on substantial clinical negligence claims. Qualifications 2015: Solicitor (England and Wales) 2013: Legal Practice Course (Distinction) 2011: De Hart Prize in Law (Christ s College, University of Cambridge) 2011: BA, Law, Christ s College, University of Cambridge (First Class)

6 Additional Information Languages: Daniel has basic knowledge of French and German. LONDON MANCHESTER SINGAPORE KUALA LUMPUR 81 Chancery Lane, 82 King Street, Maxwell Chambers, #02-9, Bangunan Sulaiman, London Manchester 32 Maxwell Road, Jalan Sultan Hishamuddin, WC2A 1DD M2 4WQ #02-16, Kuala Lumpur, Tel: +44 (0) Tel: +44 (0) Singapore Malaysia DX: London/Chancery Lane 298 Fax: +44 (0) Tel: +(65) Tel: +(60) Fax: +44 (0)

David Hopkins. Practice Areas. Sectors. Year called 2013

David Hopkins. Practice Areas. Sectors. Year called 2013 David Hopkins Year called 2013 david.hopkins@39essex.com David s practice concentrates on commercial dispute resolution, financial services, construction, public and regulatory law. David frequently represents