Daniel Spendlove

Commercial Litigation

• Representing an investment manager in a EUR 580m complex joint venture dispute with a major Canadian technology company regarding a series of energy projects.
• Representing offshore trust companies in resisting USD 300m enforcement and tracing proceedings brought by a leading paper packaging and recycling company in Central Asia and others for alleged beneficial interests in offshore trust assets. The case involved freezing and proprietory injunctions.
• Representing a US private equity fund in English High Court proceedings valued at GBP 700m against Bernard Ecclestone and others arising out of the sale of a stake in Formula One. The case involved allegations of corruption.
• Advising a group of institutional investors, in their capacity as both minority noteholders and shareholders in a private group holding company, in relation to potential claims, including unfair prejudice, arising from the conduct of the company and its majority shareholders and noteholders.
• Representing a US private equity group in a series of complex disputes with the total value of EUR 20m arising out of investments made in the healthcare industry and involving claims under an SPA, challenges to the appointment of a receiver and issues of confidentiality breaches.
• Representing ENRC, a listed multinational natural resources company, in landmark proceedings brought by the Serious Fraud Office regarding legal professional privilege and arising out of SFO’s investigation into ENRC focusing on allegations of bribery and corruption. The Court of Appeal determined the litigation in ENRC’s favour.
• Representing partners in a UK private equity firm, along with associated global entities, in a Commercial Court claim alleging diversion of the business opportunity to conduct an asset recovery process on behalf of the Family and Estate of the late Badri Patarkatsishvili, a Georgian billionaire. The claim is valued in excess of USD 100m.
• Representing a mobile virtual network operator in a dispute with a mobile phone retail company arising out of the alleged breach of a vendor agreement.
• Representing a European hedge fund in multi-million cross-border EUR proceedings against a corporate trustee and a guarantor arising under an SPA.

Professional Negligence

• Representing the claimant in the groundbreaking GBP 50M dispute against Marks & Clerk LLP in relation to secret commissions earned from longstanding commercial referral arrangements with CPA Global.
• Representing ENRC in long-running and ultimately successful claims against its former legal advisers, Dechert, relating to Dechert’s handling of an internal investigation and subsequent dialogue with the Serious Fraud Office, as well as handling additional claims against Dechert for alleged overcharging.
• Representing an investment fund in complex English High Court professional negligence proceedings arising out of a EUR 20m distressed investment into a French telecoms company and subsequent restructuring steps.
• Representing an offshore investment fund in an ongoing English High Court dispute against a law firm with a claim value of GBP 40m arising from investments made in a listed African insurance company.
• Advising an Italian distribution company in a professional negligence claim against its financial adviser, an international financial consulting group, to recover losses of EUR 40 million invested in a Luxembourg investment fund. The case also involved a jurisdiction challenge before the English Court.

Banking and Financial Markets

• Representing a large group of retail investors in a ground-breaking piece of international investment litigation. It concerned breach of contract and misrepresentation claims against major life insurance companies to recover losses in excess of GBP 100m suffered from failed investment bonds. The proceedings in the Isle of Man are ongoing and are the first of their kind in that jurisdiction.
• Representing two entities within an investment management group in claims and related actions arising out of a sophisticated “vishing” cyber-fraud which caused losses to the client and over 100 customers in excess of GBP 100m.
• Representing the sole director of an investment group in a claim for over GBP 100m against Lloyds Bank concerning the alleged misselling of various interest rate swap products by the bank’s Business Support Unit.
• Representing a leading investment bank in High Court litigation with the value of claim c.GBP 50m arising out of allegations of the bank’s conduct in a distressed property finance lending arrangements with a real estate business.
• Representing the sole director of an investment group in defending a multi-million GBP claim from liquidators of a group of companies for repayment of an alleged unlawful dividend.
• Representing a European investment fund in a USD 20m claim against a major Asian industrial group relating to convertible bonds.
• Representing an offshore investment fund in High Court litigation in defence of a GBP 18m claim issued by an African insurance company relating to a subscription in bonds.

Group Actions

• Representing a large group of retail investors in one of the most significant pieces of international investment litigation in modern history. It concerned breach of contract and misrepresentation claims against major life insurance companies to recover losses in excess of GBP 100m suffered from failed investment bonds. The proceedings in the Isle of Man are the first of their kind in that jurisdiction.
• Representing the claimant in the groundbreaking GBP 50M dispute against Marks & Clerk LLP in relation to secret commissions earned from longstanding commercial referral arrangements with CPA Global. The case proceeded as a representative action under CPR 19.8 and became a leading authority on the issue of England’s ability to host group action claims.

Other

• Representing a major Eastern European industrial conglomerate in heavy, multi-party LCIA arbitration proceedings worth in excess of USD 700m arising out of a loan facility agreement and related security documentation.
• Representing an investment bank in a complex and multi-faceted policy coverage insurance dispute with a major Lloyds underwriter concerning D&O and PI policies.