Daniel Benedyk

Year of call:
2016
Email:
daniel.benedyk@39essex.com

Clerks:
+44 (0)20 7832 1111

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.

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:

Construction

  • 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.
  • Acting as sole counsel for the contractor in adjudication proceedings arising out of a £15m construction and refurbishment project at a large food manufacturing facility (JCT 2011 Standard Building Contract Without Quantities).
  • Acting as sole counsel 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.
  • Acting as sole counsel in a claim for the defective and dangerous construction of a new-build residential development, including issues under the Defective Premises Act 1972.
  • Acting as sole counsel for builders in claims for non-payment following completion of substantial renovation projects, including defending counter-claims for defective workmanship.
  • Acting as sole counsel on various residential redevelopments.

Commercial Dispute Resolution

  • Acting (with James Ramsden QC) for an industrial group based in Singapore and the Philippines in relation to a multi-million pound claim arising out of the development of a waste-to-energy facility.
  • Second junior for the claimants in a multi-million pound fraud claim, involving complex multi-jurisdictional 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.

Daniel’s 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.
  • 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.
  • 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 matters. In particular, he has had extensive exposure to the Regulatory Decisions Committee and the Upper Tribunal (Tax and Chancery Chamber).

His current instructions include:

  • Advising the FCA as standing counsel on the regulation and authorisation of peer-to-peer lending, with a particular focus on Article 36H of the Regulated Activities Order, collective investment schemes and alternative investment funds.
  • Advising the FOS regularly, including representation in proceedings before the High Court, dealing with a range of issues including judicial review, jurisdiction, consumer credit, bank lending, unfair relationships, debtor-creditor-supplier agreements and appointed representatives.
  • Advising the Prudential Regulation Authority in relation to an investigation arising out of a major financial institution’s regulatory reporting.

Daniel brings practical experience to banking and financial disputes having 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 six-month posting to Moscow. A specific focus has been on emerging markets, involving issuers incorporated in jurisdictions in Cyprus, Romania, Greece and Turkey.

Regulatory & Disciplinary


Daniel has an extensive and fast-growing regulatory practice, frequently advising and representing a diverse range of regulators including the Financial Conduct Authority, the Financial Ombudsman Service, the Prudential Regulation Authority, the Solicitors Regulation Authority, Ofgem, the Office for Students and the Health and Care Professions Council.

Recent matters include:

  • Representing the FOS in as sole counsel in judicial review proceedings before the High Court, and otherwise advising on a range of issues including jurisdiction, consumer credit, bank lending, unfair relationships, debtor-creditor-supplier agreements and appointed representatives.
  • Advising the FCA as standing counsel on the regulation and authorisation of peer-to-peer lending.
  • Consultant counsel to the Prudential Regulation Authority on an investigation arising out of a major financial institution’s regulatory reporting.
  • Consultant counsel to Ofgem on a wide range of highly topical and widely reported matters, including the retail price restriction for domestic customers supplied under default tariffs, to be brought into force in accordance with the Domestic Gas and Electricity (Tariff Cap) Act 2018. Daniel has also advised Ofgem on matters including smart metering, consumer engagement, back-billing and warrants.
  • Consultant counsel to the newly-formed Office for Students.
  • Advising the Solicitors Regulation Authority in relation to judicial review proceedings.
  • Representing the Health and Care Professions Council before the High Court.

Daniel has also 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 is comfortable appearing before the High Court in judicial review proceedings, and has particular public law experience in the context of regulatory matters.

His recent instructions include a confidential child sexual abuse investigation.

He has advised organisations as a solicitor such as Liberty, Reprieve, the Law Centres Network and Interrights on the death penalty, protection of children in warzones and discrimination.  He has also 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


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 clinical negligence matters, CCMCs, possession proceedings, 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 2008.
  • RTA 1998 compulsory insurance requirements.
  • Drafting pleadings, schedules and counter-schedules of loss and damage, including on substantial clinical negligence claims.

Call +44 (0)20 7832 1111 for more information

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