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 litigation, international arbitration, financial services, public and regulatory law.

Daniel is frequently instructed across a wide spectrum of commercial disputes, typically with a prominent international element. His current and recent work has raised issues from a diverse range of international jurisdictions including Moscow, Singapore, Japan, the Dubai International Financial Centre, Afghanistan and the Kurdistan Region of Iraq. He has a fast-growing construction and energy practice, and extensive experience in complex regulatory disputes.

Before joining the Bar, Daniel qualified as a solicitor at Allen & Overy.

Commercial Dispute Resolution


Daniel has a broad commercial practice and is frequently instructed in a range of domestic and international disputes, principally in the Commercial Court and the Chancery Division. He brings a developed understanding of clients’ commercial requirements from his experience at Allen & Overy.

Recent matters include:

  • Acting for a large group of investors in wide-ranging claims arising out of the collapse of a major Russian bank.
  • Acting for an oil and gas company in a USD$1.6bn claim against a constituent territory and high-profile individual (with James Ramsden QC).
  • Acting in the Chancery Division (on appeal to the Court of Appeal) for a creditor in conspiracy proceedings against debtor companies and their directors: Taylor v Van Dutch Marine Holding Ltd (with James Ramsden QC).
  • Advising one of the largest Japanese companies on potential proceedings arising out of a share subscription agreement with a range of international entities (with Charles Manzoni QC).
  • Acting for the Claimant in Commercial Court proceedings to enforce a high-profile judgment of the Dubai International Financial Centre Courts (with James Ramsden QC)
  • Acting for an industrial group based in Singapore and the Philippines in a multi-million pound claim arising out of the development of a waste-to-energy facility (with James Ramsden QC).
  • 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.
  • Sole counsel for the claimant in a claim for the disappearance of a large quantity of expensive wine, raising issues of contract, tort, bailment and conversion.
  • Acting for the defendant contesting allegations of serious breaches of warranties and misrepresentation arising out of the Icelandic banking crisis.
  • Acting for the claimant on matters of director and shareholder fraud.
  • Acting for the claimant advancing 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 at Allen & Overy encompassed a wide range of significant commercial litigation. Some examples include:

  • Acting for the defendants in high-value and widely reported allegations of LIBOR and EURIBOR misrepresentation.
  • Rail infrastructure arbitration arising out of disputes between rail network operators and electricity cable maintenance providers.
  • Trustee litigation before the High Court and the Court of Appeal resulting 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.
  • Capital markets litigation following the Argentina bonds dispute.
  • Acting for an investment bank following a Statement of Objections concerning credit derivatives and the alleged prevention of exchange trading.

Construction & International Arbitration


Daniel’s practice covers a wide range of construction, engineering and infrastructure disputes, extending to domestic litigation, international arbitration and adjudication.

Recent work includes:

  • Acting for a Core Participant in the Grenfell Tower Inquiry (with Craig Orr QC, Patrick Hennessy and James Petkovic).
  • Acting (with Jess Connors) for the contractor in an extension of time dispute arising out of the construction and refurbishment of a major food manufacturing facility (JCT 2011 Standard Building Contract Without Quantities).
  • 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.
  • Sole counsel for the contractor in adjudication proceedings concerning multiple variations, mini-phasing and the imposition of various impediments during the course of a lengthy project (JCT 2011 Standard Building Contract Without Quantities).
  • Sole counsel for the contractor in adjudication proceedings against a sub-contractor concerning repudiatory breach, contractual determination and the submission of the final account (JCT 2011 Design and Build Sub-Contract).
  • Advising on a complex suite of rail contracts (in particular performance regimes) following an incident causing significant damage to infrastructure, delays and cancellations.
  • Sole counsel for the defendant in a claim relating to a bespoke contract raising complex issues of contractual interpretation and rectification.
  • Sole counsel in a claim for the defective and dangerous construction of a new-build residential development.

Banking & Financial Services


Daniel has extensive experience of banking and financial services disputes having worked in the Enforcement Division of the Financial Conduct Authority, where he advised on a range of contentious and high-profile regulatory matters. In particular, he has prepared enforcement cases before the Regulatory Transactions Committee, the Regulatory Decisions Committee and the Upper Tribunal (Tax and Chancery Chamber).

Recent instructions include:

  • Standing counsel to the FCA 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 frequently across the scope of its jurisdiction, including appearing as sole counsel before the High Court.
  • Advising the Prudential Regulation Authority on an investigation arising out of a major financial institution’s regulatory reporting.

Regulatory & Disciplinary


Daniel has a fast-growing regulatory practice, frequently advising and representing (including as sole counsel before the High Court) a diverse range of regulators such as the Financial Conduct Authority, the Financial Ombudsman Service, Ofgem, the Office for Students, the Solicitors Regulation Authority, the Bar Standards Board, the Health and Care Professions Council and the Prudential Regulation Authority.

Recent matters include:

  • Acting as sole counsel in the High Court for the Bar Standards Board on an appeal concerning the regulation of pupillage (Ekperigin v Bar Standards Board).
  • Acting as sole counsel in the High Court for the Solicitors Regulation Authority on a judicial review concerning the regulation of higher rights of audience (R. (on the application of Ogun) v Solicitors Regulation Authority).
  • Advising the FCA on the regulation and authorisation of peer-to-peer lending.
  • Representing the FOS as sole counsel in judicial review proceedings before the High Court, and advising it regularly on a wide range of issues.
  • 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 highly topical and widely reported matters, including the retail price restriction for domestic customers supplied under default tariffs, smart metering, consumer engagement, back-billing and warrants.
  • Consultant counsel to the newly-formed Office for Students.
  • Appearing as sole counsel for the Health and Care Professions Council in matters before the High Court.

Administrative & Public


Daniel has a broad public law practice which includes:

  • Frequent appearances before the High Court, including in judicial review proceedings, with particular experience in regulatory disputes.
  • Currently acting for a Core Participant in the Grenfell Tower Inquiry.
  • A confidential child sexual abuse investigation.

At Allen & Overy he advised organisations 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 such as the court’s approach to national security and political donations.

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

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