Daniel Fox

Professional practice

Daniel has a broad practice in line with Chambers’ profile. He is regularly instructed in a wide range of areas, including, commercial litigation and arbitration, sports law, civil fraud, public and human rights law, financial regulatory law, insurance law, shipping law, employment law, banking and financial services law, and public international law.

His recent commercial work includes: acting for a consumer group in a high profile fraud claim in relation to a $1 billion margin call made by a bank; acting (as sole counsel) for a businessman in a fraud claim relating to a multi-million-pound waste-to-energy project; advising a telecommunications company on its termination rights (as a result of sanctions issues) in relation to a $100m contract in Myanmar; and acting for the insurer of a shipping agency in a dispute relating to damaged goods.

Daniel is particularly interested in disputes in the sports sector (including anti-doping, safeguarding, and disciplinary matters). His recent sports work includes: acting for a sportswear company in a dispute in relation to its sponsorship of an Italian Serie A football club; acting for Liverpool fans in the group litigation against UEFA arising out of the 2022 Champions League Final; acting for various sports people in anti-doping matters; acting for an Olympic medalist in a selection dispute; advising former professional rugby players in relation to their life insurance claims following their diagnoses of CTE; advising various NGBs on their rules, policies, and procedures; and acting for a hospitality company in a dispute relating to the Monaco Grand Prix. He sits on various committees and panels in the sporting sector, including: the Disciplinary Committees of Table Tennis England, British Triathlon, and the Suffolk FA; the Disciplinary, Disputes, and Appeal Panel for British Canoeing; the Safeguarding Case Management Group of Badminton England; the Safeguarding Panel of British Triathlon; and the Governance and Risk Committee of Table Tennis England. He is a keen sportsman and participates in (and watches) many sports. He is a founder and captain of Gray’s Inn Football Club. He accepts Direct/Public Access instructions solely in relation to sports matters.

Daniel is also particularly interested in public law, human rights, and public international law matters. He is regularly instructed through the Government’s Junior Junior scheme. His recent work includes: advising in relation to possible judicial reviews against the Civil Aviation Authority and regulatory claims under the Transport Act 2000 (relating to over £100m of losses); acting in judicial reviews brought against HMRC; advising in relation to possible judicial review (and other) claims in respect of a high-profile development project by a public body; advising a Government department on the commitments made by the UK Government in various trade treaties; acting for the mother of a child with serious medical issues in relation to a judicial review of a housing decision; acting in an unlawful detention case; and assisting the Employment Lawyers Association in drafting their response to the Government’s consultation on the Human Rights Act Reform. He is an Assistant Editor of the European Human Rights Reports, published by Sweet & Maxwell.

Daniel also has an interest in climate change and environmental law disputes, and regularly speaks and writes on the subject, including recent articles on: (i) directors’ duties and climate litigation; (ii) agriculture, flooding, and environmental litigation; (iii) the potential for climate change litigation in the context of ss.90 and 90A FSMA; and (iv) the role of NCPs and the OECD Guidelines (not yet published). He recently advised an environmental law charity on climate-friendly bond agreements. He is also a founding member of Chambers’ Climate and Environmental Law Group, and Chambers’ Green Committee. And he was part of the organising committee of a conference on Climate Change Law. His science background is particularly useful in this sector.

Daniel also regularly appears in the Courts, the Employment Tribunal and the Employment Appeal Tribunal in employment disputes. For example, he recently assisted in a high-profile High Court claim relating to a ‘team move’.

Before coming to the Bar, Daniel studied physics and philosophy at Durham University, where he graduated with a First-Class degree. He then completed the GDL, BPTC, and an LLM – for which he was awarded multiple scholarships from Gray’s Inn, City Law School, and UCL.

The BSB’s “Public Access Guidance for Lay Clients” can be found here.

Arbitration & related court applications

Daniel has extensive experience in relation to arbitrations. Examples include:

Acting for a sportswear company in a dispute in relation to its sponsorship of a Serie A football club under the ICC rules. The dispute included an application for an emergency interim injunction, and related to the correct interpretation of a Right of First Refusal (ROFR) clause.
Acting in an $120m claim relating to a construction project in Kuwait under the LCIA rules. The dispute raised complex and novel issues of Kuwait law, including in relation to limitation and decennial liability.
Advising in relation to an urgent injunction application. The application related to a share purchase agreement in respect of an Icelandic bank.
Assisting in an arbitration involving a dispute between a solicitors’ firm and their insurers. The dispute arose out of several withdrawals of cover following investigations by the Solicitors Regulation Authority.
Acting for a ship owner in a dispute in relation to the application of an off-hire clause.
Advising in relation to several challenges to arbitration awards under s.68 of the Arbitration Act 1996.
Acting in a dispute with a Government department in relation to the building of thousands of schools in a foreign country.
Acting (as sole counsel) in a dispute in relation to the provision of football kits for an African country.

Banking & financial services

Daniel has extensive experience in relation to banking and financial services disputes. Examples include:

Acting for a consumer group in a high profile fraud claim in relation to a $1 billion margin call made by a bank.
Acting for a businessman in a half-billion-dollar fraud claim against a major European bank. The dispute raised complex issues of Georgian law, limitation, and professional negligence.
Acting for the Financial Conduct Authority in an enforcement action against a financial services provider.
Advising in relation to an urgent injunction application. The application related to a share purchase agreement in respect of an Icelandic bank.

Civil Fraud & Asset Tracing

Daniel has extensive experience in relation to civil fraud disputes. His recent instructions include:

Acting for a consumer group in a high profile fraud claim in relation to a $1 billion margin call made by a major global bank.
Acting (as sole counsel) for a businessman in a fraud claim relating to a multi-million-pound waste-to-energy project.
Acting in a civil fraud claim arising out of the break-up of family businesses.
Acting for a businessman in a half-billion-dollar fraud claim against a major European bank. The dispute raised complex issues of Georgian law, limitation, and professional negligence.
Acting, as sole counsel, for an employment agency in a dispute against a multinational pharmaceutical company. The dispute raised issues of fraud.
Advising in relation to a fraud claim regarding a house purchase.

Climate change and environmental law

Daniel is particularly interested in climate change and environmental law disputes and advisory work. His experience of commercial, public law, and public international law disputes (as well as his science background) leaves him well placed to advise and act in this area.

Daniel recently advised an environmental law charity in relation to climate-friendly bond agreements. He also regularly speaks and writes about climate change and environmental law, including articles on: (i) directors’ duties and climate litigation; (ii) agriculture, flooding, and environmental litigation; (iii) the potential for climate change litigation in the context of ss.90 and 90A FSMA; and (iv) the role of NCPs and the OECD Guidelines (not yet published). He is a founding member of Chambers’ Climate and Environmental Law Group and Green Committee. And he was part of the organising committee on a conference on Climate Change Law.

Daniel is happy to advise, and act, on a pro bono basis in relation to climate change and environmental law matters.

Commercial dispute resolution

Daniel has extensive experience of all aspects of commercial dispute resolution. Examples include:

Acting for a US sportswear company in a dispute in relation to its sponsorship of a Serie A football club. The dispute included an application for emergency injunctive relief, and related to the correct interpretation of a Right of First Refusal (ROFR) clause.
Acting in an $120m claim relating to a construction project in Kuwait. The dispute raised complex and novel issues of Kuwait law, including in relation to limitation and decennial liability.
Acting for a consumer group in a high profile fraud claim in relation to a $1 billion margin call made by a major global bank.
Assisting in a high-profile High Court claim relating to a ‘team move’. The claim involved novel questions about the appropriate counter-factual for an award of damages.
Acting (as sole counsel) for a businessman in a fraud claim relating to a multi-million-pound waste-to-energy project.
Acting (as sole counsel) in a dispute about the importation of rice into the EU. The dispute raised complex jurisdiction and applicable law issues.
Acting (as sole counsel) in a dispute following an online classic car auction. The dispute raised complex jurisdiction and applicable law issues.
Acting, as sole counsel, for a hospitality company in a dispute relating to the Monaco Grand Prix.
Advising in relation to a professional negligence dispute. The dispute raised complex issues of quantum, in particular, the question of whether the claimant would be entitled to “cost of cure” damages.
Acting, as sole counsel, for a hotel in a covid-19 business interruption insurance claim.
Advising a multinational telecommunications company on its termination rights in relation to a $100m contract in Myanmar. The dispute raised complex issues in relation to sanctions and the doctrines of foreign and domestic illegality.
Advising, as sole counsel, a hotel in relation to the termination provisions in its contract to provide government covid-19 quarantine facilities.
Acting, as sole counsel, for a school in a dispute in relation to the non-payment of fees during covid-19.
Acting, as sole counsel, for a media and telecommunications company in a dispute about a broadcasting licensing agreement.
Acting, as sole counsel, for the insurer of a shipping agency in a dispute relating to damaged goods. The dispute raised difficult issues in relation to Himalaya Clauses.
Advising in relation to an urgent injunction application. The application related to a share purchase agreement in respect of an Icelandic bank.
Assisting during the trial of a half-billion-dollar fraud claim against a major European bank. The dispute raised complex issues of Georgian law, limitation, and professional negligence.
Acting, as sole counsel, for an employment agency against a multinational pharmaceutical company in a dispute about a “back-door placement”. A jurisdiction challenge was successfully defended.
Assisting a Member of Chambers in an arbitration involving a dispute between a solicitors’ firm and their insurers. The dispute arose out of several withdrawals of cover following investigations by the Solicitors Regulation Authority.
Advising in relation to a misrepresentation claim regarding a house purchase.
Acting for a ship owner in a dispute in relation to the application of an off-hire clause.
Acting in a civil fraud claim arising out of the break-up of family businesses. The claim involves allegations of breaches of confidence.
Acting in a dispute with a Government department in relation to the building of thousands of schools in a foreign country.
Acting (as sole counsel) in a dispute in relation to the provision of football kits for an African country.
Advising in relation to the provision of Letters of Request and orders from the High Court in relation to depositions in support of US proceedings.

Company & insolvency law / corporate recovery

Much of Daniel’s commercial work involves company and insolvency issues. For example, his recent instruction in a half-billion dollar claim against a major European bank raised complex issues of attribution and corporate personality. Daniel has also advised in relation to various share purchase agreements. And Daniel recently advised a sports National Governing Body in relation to its powers under its Articles of Association and the Companies Act 2006. See the ‘Commercial Dispute Resolution’ section of Daniel’s profile for more examples.

Conflict of laws & private international law

Much of Daniel’s work is international, and so issues of conflict of laws often arise. For example: (i) he recently advised a media and telecommunications company in relation to service out of the jurisdiction; (ii) he defended a jurisdiction challenge in a dispute between an employment agency and a multinational pharmaceutical company (as sole counsel); (iii) he advised in relation to jurisdiction and applicable law in a dispute about the importation of rice into the EU; (iv) he advised in relation to jurisdiction and applicable law in a dispute following an online classic car auction; and (v) novel questions of conflict of laws arose in his instruction on a half-billion-dollar fraud claim.

Employment

Daniel regularly appears (both led and as sole counsel) in employment disputes. His recent work includes:

Assisting in a high-profile High Court claim relating to a ‘team move’. The claim involved novel questions about the appropriate counter-factual for an award of damages.
Appearing as sole counsel in an appeal to the Employment Appeal Tribunal in a discrimination claim against an NHS Trust.
Acting for an employment agency in a dispute against a multi-national pharmaceutical company in relation to ‘back door placements’.
Acting for a former employee in the aviation sector in an unfair dismissal claim.
Acting for a company providing agency workers in a claim for unlawful deductions from wages.

Assisting the Employment Lawyers Association with their response to the Government’s consultation on the Human Rights Act reform.

Energy & natural resources

Daniel’s physics degree leaves his well placed to act in, and advise on, disputes in the energy and natural resources sector. He was recently instructed in an $120m LCIA arbitration relating to a Kuwaiti construction project in this sector.

Financial Regulatory

Daniel has a particular interest in financial regulatory disputes. He recently acted for the Financial Conduct Authority in an enforcement action against a financial services provider. Much of Daniel’s commercial work involves financial elements, including recent advice in relation to an Icelandic bank. He has recently written an article on the potential for climate change litigation in the context of ss.90 and 90A FSMA.

Human rights & civil liberties

Daniel has a particular interest in human rights and civil liberties matters. He recently acted: (i) for the mother of a child with serious medical issues in relation to a judicial review of a housing decision; and (ii) in an unlawful detention case. Further examples of Daniel’s work are listed in the ‘Public and Administrative Law’ section of his profile.

Daniel is an Assistant Editor of the European Human Rights Reports, published by Sweet & Maxwell. He is also a member of, and is regularly instructed through, the Government’s Junior Junior scheme. His recent appearance in the Employment Appeal Tribunal raised issues of human rights law. He also helped to draft the Employment Lawyers Association’s response to the Government’s consultation on the Human Rights Act reform.

Daniel is happy to advise, and act, on a pro bono basis in relation to human rights and civil liberties matters.

Insurance & reinsurance

Daniel has extensive experience of disputes in the insurance sector. Examples include:

Acting, as sole counsel, in several covid-19 business interruption insurance claims.
Assisting in an arbitration involving a dispute between a solicitors’ firm and their insurers. The dispute arose out of several withdrawals of cover following investigations by the Solicitors Regulation Authority.
Acting, as sole counsel, for the insurer of a shipping agency in a dispute relating to damaged goods. The dispute raised difficult issues in relation to Himalaya Clauses.
Assisting during the trial of a half-billion-dollar fraud claim against a major European bank. The dispute raised complex issues of insurance law.
Advising several former professional rugby players in relation to their life insurance claims, following their diagnoses of CTE.

Daniel has also recently given a talk on the Stonegate case.

International trade, transport & commodities

Daniel is interested in international trade and transport matters. Examples of his recent work include:

Advising a Government department on the commitments made by the UK Government in various trade treaties.
Acting, as sole counsel, for the insurer of a shipping agency in a dispute relating to damaged goods shipped across the Atlantic Ocean.
Advising a UK company in relation to sanctions and its assets in Russia.
Acting for a ship owner in a dispute in relation to the application of an off-hire clause.
Acting (as sole counsel) in a dispute about the importation of rice into the EU. The dispute raised complex jurisdiction and applicable law issues.
Acting (as sole counsel) in a dispute following an online classic car auction. The seller was based in the Netherlands, the buyer in the US, and the auction in the UK. The dispute raised complex jurisdiction and applicable law issues.

Media, art & entertainment

Daniel has a particular interest in cases relating to the media, art and entertainment sectors. His work in the sports sector (including in high profile cases) leaves him well placed to act in these matters. He recently acted for a group of retired sportsmen in an application for an anonymity order. He is currently acting for: (i) a media and telecommunications company in a dispute about a broadcasting licensing agreement; (ii) an individual in relation to claims arising out of an auction; and (iii) a company in a breach of confidence claim.

Professional negligence

Much of Daniel’s commercial work involves professional negligence issues. Examples include:

Acting (as sole counsel) for a businessman in a fraud/professional negligence claim relating to a multi-million-pound waste-to-energy project.
Acting in a half-billion-dollar fraud claim which was, in essence, a professional negligence dispute.
Advising in relation to a professional negligence dispute, which raised complex issues of quantum, in particular, the question of whether the claimant would be entitled to “cost of cure” damages.
Assisting in a professional negligence insurance claim involving a firm of solicitors.
Advising in relation to a professional negligence claim regarding a house purchase.

Public & administrative law

Daniel has a particular interest in public and administrative law matters. He is a member of, and is regularly instructed through, the Government’s Junior Junior scheme, and he is an Assistant Editor of the European Human Rights Reports, published by Sweet & Maxwell. His recent work includes:

Advising in relation to possible judicial reviews against the Civil Aviation Authority and regulatory claims under the Transport Act 2000 (relating to over £100m of losses).
Acting in judicial reviews brought against HMRC.
Acting for the mother of a child with serious medical issues in relation to a judicial review of a housing decision.
Advising in relation to a high-profile development project that has attracted significant media attention. The issues included general public law principles and procedure, the National Security and Investment Act 2021, public procurement rules, competition rules, and state aid rules.
Advising a Government department of its obligations under various trade treaties, and how those obligations might impact upon Government policy.
Acting in an unlawful detention case.
Assisting the Employment Lawyers Association in drafting their response to the Government’s consultation on the Human Rights Act Reform.

Daniel is happy to advise, and act, on a pro bono basis in relation to public and administrative law matters.

Public international law

Daniel is interested in public international law matters. He has recently been instructed by a Government department to advise on the commitments made by the UK Government in various trade treaties (and on how those commitments may impact upon Government policy). He helped the Employment Lawyers Association to draft their response to the Government’s consultation on the Human Rights Act reform – which included issues of public international law. He is also an Assistant Editor of the European Human Rights Reports, published by Sweet & Maxwell.

He has also recently advised in relation to sanctions, including for a multinational telecommunications company on its rights in relation to a contract with a Myanmar company allegedly owned by sanctioned individuals.

See the ‘Public and Administrative Law’ section of Daniel’s profile for more examples.

Daniel is happy to advise, and act, on a pro bono basis in relation to public international law matters.

Sanctions

Daniel has recently advised on various sanctions-related issues, including advising a multinational telecommunications company on its rights in relation to a contract with a Myanmar company allegedly owned by sanctioned individuals.

Shipping & admiralty

In line with Chambers’ profile, much of Daniel’s commercial work has arisen in the shipping sector, including his recent instruction in a dispute for the insurers of a shipping agency in relation to damaged goods on a transatlantic crossing. The dispute, in which Daniel acted as sole counsel, raised complex issues relating to Himalaya Clauses. He also recently acted for the owners of a ship in a dispute in relation to an off-hire clause. See the ‘Commercial Dispute Resolution’ section of Daniel’s profile for more examples.

Sports law

Daniel is particularly interested in disputes in the sports sector (including anti-doping, safeguarding, and disciplinary matters). His recent sports work includes:

Acting for Liverpool fans in the group litigation against UEFA arising out of the 2022 Champions League final.
Applying for an anonymity order in a high-profile claim brought by a group of retired sportsmen.
Advising several former professional rugby players in relation to their life insurance claims, following their diagnoses of CTE.
Acting for an Olympic medalist in a selection dispute with a National Governing Body.
Acting in a dispute relating to the provision of football kits for an African country.
Advising a National Governing Body in relation to its jurisdiction over spectators at its events who are not members.
Acting for an ice hockey player in an anti-doping matter.
Advising a former England rugby player in relation to an anti-doping matter.
Advising Badminton England in relation to various safeguarding cases, as a member of the Safeguarding Case Management Group.
Acting for a sportswear company in a dispute in relation to its sponsorship of an Italian football club playing in the Serie A league. The dispute related to the interpretation of a Right of First Refusal (ROFR) clause.
Acting for a hospitality company in a dispute relating to the Monaco Grand Prix.
Hearing cases relating to breaches of the FA Regulations in his role as a member of the Disciplinary Committee of the Suffolk Football Association.
Advising various National Governing Bodies on their rules, policies, and procedures – including a recent advice on the lawfulness of a proposed rule change under company law.
Hearing a dispute in relation to the selection for the GB team for the Canoeing Marathon World Championships.

Daniel also sits on various committees and panels in the sporting sector, including: the Disciplinary Committees of Table Tennis England, British Triathlon, and the Suffolk FA; the Disciplinary, Disputes, and Appeal Panel for British Canoeing; the Safeguarding Case Management Group of Badminton England; the Safeguarding Panel of British Triathlon; and the Governance and Risk Committee of Table Tennis England. He is regularly instructed through the Sports Resolutions Pro Bono Panel and the Sports Resolutions Safeguarding Case Management Programme. He is a keen sportsman and participates in (and watches) many sports. He is a founder and captain of Gray’s Inn Football Club.

Daniel is happy to advise, and act, on a pro bono basis in relation to sports matters. He accepts Direct/Public Access instructions solely in relation to sports matters.

The BSB’s “Public Access Guidance for Lay Clients” can be found here.

Career

2021: Appointed to the Government’s Junior Junior Panel

2021: Tenant at Essex Court Chambers

2020-2021: Pupil at Essex Court Chambers (supervised by David Peters)

2019: Called to the Bar at Gray’s Inn

Education

2019-2020: LLM in International Commercial Law, University College London

2018-2019: BPTC, City Law School

2017-2018: GDL, City Law School

2014-2017: B.Sc. Natural Sciences (Physics and Philosophy), Durham University

2006-2013: The Ashcombe School, Dorking