Professional practice
“An amazing advocate… not just fantastic with the law… absolutely phenomenal in court” Daniel Oudkerk KC has a broad-based trial and advisory practice. He has appeared as the lead advocate at every level in Court (Commercial Court, Chancery Division, King’s Bench Division, TCC, Court of Appeal and the Supreme Court) and in arbitration. A “skilled tactician and a formidable cross-examiner” he is recognised as a leading silk in Commercial Dispute Resolution, Employment Litigation, and Crypto and Blockchain Assets. Chambers & Partners 2024 (Commercial) says: “Dan Oudkerk is one of the most effective cross-examiners I have seen”. Earlier editions of Chambers & Partners say: “Judges melt before him”.
“The top pick for employment and commercial disputes cases” (Chambers & Partners, Employment), Daniel has been instructed in many of the most significant commercial employment disputes of recent years. He led the claimant team in the record breaking Guy Carpenter v Howden team move conspiracy litigation (2023), acted on two high profile F1 disputes instructed by Red Bull and others (2022); appeared in the Supreme Court in the first employee competition case in 100 years to reach the highest court (Egon Zehnder v Tillman SC (2019)); acted for the claimants in ‘the last of the great payday disputes’ (Gruber & Ors v AIG, a $100m claim in the Commercial Court and Court of Appeal (2016-20)); and acted for the Tullett Prebon in the landmark Tullett Prebon v BGC team move litigation in the KBD and Court of Appeal. He is routinely instructed in heavy city employment litigation, injunctions, breach of confidence claims, garden leave and restrictive covenant disputes. Chambers & Partners notes his “amazing work on team moves” describing him as “the voice of reason in high-octane disputes”. “He works hard and has swagger that breeds confidence; leads the charge of the next generation stars of the Bar.”.
“A serious performer who is very easy to work with, very commercial and really smart” his commercial practice includes high profile disputes across a wide range of sectors from ENRC v The Director of the SFO, Gibson & Puddick (2024 Comm) the high-profile breach of confidence/misfeasance proceedings against the Serious Fraud Office to the football sponsorship dispute New Balance v Liverpool FC [2019] EWHC 2837 (Comm) and Capco’s fintech fraud claim for £200m relating to block chain banking platforms. He is instructed for hundreds of thousands of claimants in the ‘dieselgate’ emissions group litigation. He acted for the claimants in the Fundao Group Litigation both on their anti-suit injunction against BHP and on BHP’s separate attempt to strike out 30,000 claims. He acted for the claimant in a substantial fraud claim arising out of a joint venture agreement (“Heinemann rigged Ben Gurion airport tender”, Globes (2022)). He acted for the claimant against the Russian oligarch founders of ENRC in a claim under an oral contract and in the subsequent fraud proceedings (Stein v Chodiev & Ors [2015] EWHC 1428 (Comm)).
Much of Daniel’s work involves claims governed by foreign law, urgent applications for injunctions and expedited trials. Chambers & Partners (CDR) says he has a “great ability to read cases, and is vastly experienced, giving direct advice and setting out his position well. He has impressive control of the courtroom and knows when to intervene.” “A great strategist able to see the big picture, he inspires confidence in clients and is a real team player”. “He’s not afraid to get stuck into the nitty-gritty.”
He co-edits International Employment Disputes, Oudkerk & Rogers (Sweet & Maxwell).
- What others say
Chambers UK Bar 2025, Commercial Dispute Resolution
“Dan Oudkerk is one of the most effective cross-examiners I have seen.”
“He is completely on top of the detail, incredibly sharp-witted and someone who understands how to get his point across to the judge.”
“Daniel is particularly good at the important strategic client meetings.”
“He is worth his weight in gold for the contribution he makes to any covenant case.”
“He knows how to draw information from a witness, without being bullying or intimidating.”
Chambers UK Bar 2025, Employment
“Dan is great tactical lawyer, he is fantastic in front of clients, works very well with the solicitor team and is an expert on team moves.”
“Dan is at the top of the field for employment.”
“Daniel is a master tactician.”
Legal 500 UK Bar 2025, Commercial litigation
“Daniel provides flawless substantive advice and advocacy.”
Legal 500 UK Bar 2025, Crypto and blockchain assets
“Daniel has a fantastic ability to take on board a huge amount of information and convey it in a persuasive manner. He is terrific on his feet. Clients love him and the way in which he is able to advise and guide them through the most complicated issues.”
Legal 500 UK Bar 2025, Employment
“Daniel is a great tactician and an exceptional silk. A go-to name for team move cases.”
Chambers UK Bar 2024, Commercial Dispute Resolution
“Dan Oudkerk is one of the most effective cross-examiners I have seen. He knows how to draw information from a witness, without being bullying or intimidating.”
Legal 500 UK Bar 2024, Employment
“He is absolutely at the top of his game in this area. His advocacy skills are second to none, he has a razor sharp intellect and excellent client handling skills.”
Chambers UK Bar 2023, Commercial Dispute Resolution
“He is clever, strategic and collegiate.” “A very able barrister with fantastic client-handling skills.”
Legal 500 UK Bar 2023, Commercial Litigation
“Excellent strategic judgment, smooth as butter with his advocacy and just a thoroughly decent human being. Great fun to work with.”
Legal 500 UK Bar 2023, Employment
“Simply outstanding. His advocacy is of the very highest order – hugely elegant and swift on his feet, but also a tremendous fighter. He is technically brilliant, but knows instinctively which points matters most and when to push. A natural winner, who also has fantastic client-handling skills.”
Chambers UK Bar 2022, Employment
“…he is a completely brilliant cross-examiner and an all-round superb advocate.”
Chambers UK Bar 2022, Commercial Dispute Resolution
“He was really very, very impressive when handling a very complicated case. He was excellent on his feet and when giving guidance to very demanding clients.”
Legal 500 UK Bar 2022, Commercial Litigation
“First and foremost, just a superb advocate. Dan only focuses on what matters and is crisp and clear in his delivery. He truly is one of the very best.”
Chambers UK Bar 2021, Commercial Litigation
“Judges melt before him” “Very able and has fantastic client-handling skills”
Chambers UK Bar 2021, Employment Litigation
“He’s the top pick for employment and commercial disputes cases; he’s very pragmatic and commercial”
Chambers UK Bar 2020, Commercial Dispute Resolution
“A serious performer who is very easy to work with, very commercial and really smart.”
Chambers UK Bar 2020, Employment
“Strategic, pragmatic and technically exceptional.” “Super smart, really good with clients and creates a very reassuring sense of control in a case.”
- Example cases include
PIB Group/Acquinx & Ors v Howden & Ors (2025 KBD): Leading Counsel for the claimants in a team move/conspiracy claim for injunctive relief and damages arising out of an alleged poaching raid spanning numerous jurisdictions following over 30 employees resigning en masse in London, Barcelona, Madrid, Lisbon, Rome, Amsterdam, Copenhagen, Stockholm and Frankfurt to move to Howden’s underwriting division, DUAL.
ENRC v The Director of the SFO, Gibson & Puddick (2024 Comm) instructed by the claimant in these high-profile breach of confidence/misfeasance proceedings against the Serious Fraud Office and others concerning the alleged leaking of confidential information. The seven-week Commercial Court action settled on the eve of trial (Financial Times 7 October 2024: “Serious Fraud Office and ENRC give themselves a day to settle legal battle”).
Municipio de Mariana v BHP Billiton, Fundao Group Litigation (2024 TCC), Leading Counsel for the Municipality claimants on their application for an antisuit injunction to prevent, amongst other things, the funding of a claim by the Brazilian Mining Association in Brazil’s Supreme Court relating to issues before the English Court in the Fundao Group Litigation. Relief was obtained by way of undertakings to the English Court. (https://www.reuters.com/world/americas/bhp-must-stop-funding-legal-action-halt-mariana-dam-claim-court-rules-2024-07-23)
Municipio de Mariana v BHP Billiton, Fundao group litigation (2024 TCC), Leading Counsel for the claimants on the application of the defendant, BHP, to strike out claims worth approximately £1bn. The Court rejected the strike out application in a judgment that considers the scope of authority and ratification in the context of group actions (See https://www.solicitorsjournal.com/sjarticle/bhp-suffer-humiliating-defeat-in-bid-to-stop-justice-for-victims-of-brazilian-mining-disaster).
Guy Carpenter & Co Ltd & Ors v Howden Insurance Brokers Ltd & Ors (2023 KBD) Leading Counsel for the claimants in a team move conspiracy claim for circa £100m, injunctive relief and damages arising out of an alleged unlawful poaching raid spanning numerous jurisdictions (including the US, Europe and the Nordics) and governed by various foreign laws. The litigation settled on the first day of a six-week trial on confidential terms (see [2023] EWHC 1114 (KB) and [2023] EWHC 2169 (KB)). The press reported that the settlement was “…believed to be the highest ever related to a poaching suit in London” (Insurance Insider 12 October 2023).
Gagliardi v Evolution Capital Management LCC [2023] EWHC 1608 (Comm). The first post-Brexit anti-suit injunction (ASI) to be granted by the English Courts. Daniel Oudkerk KC acted for the claimant employee blocking a multimillion-dollar lawsuit in New York and enforcing the new statutory employment right to be sued in England under Section 15C of the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982).
Vehicle Emissions group litigation (2022-24 KBD) acting for hundreds of thousands of claimants in claims against numerous car manufacturing groups arising out of ‘dieselgate’. The claims involve allegations of the use of emissions ‘cheat devices’ in breach of EU Regulations and Directives, deceit and breach of contract under the Supply of Goods Act. Daniel is instructed in group actions against BMW, Fiat, Volvo, Nissan and Ford, and Mercedes and other manufacturers.
Various Claimants v Mercedes-Benz Group Ag [2024] EWHC 695 (KBD) collateral use of allegedly confidential/commercially sensitive documents disclosed in proceedings. (Civil Procedure News 7 May 2024).
AstraZeneca v Sheldon (2022 KBD) Leading Counsel for the pharma group AstraZeneca in an application for an interim injunction enforcing a non-compete agreement to prevent a senior executive joining GSK (see the Financial Times 31 August 2022 AstraZeneca succeeds in last- ditch bid to stop former executive starting at GSK this week).
Red Bull Technology Ltd v Fallows (2021-22) KBD Leading Counsel for the claimant in this high profile Formula One dispute as to whether an ‘aero guru’ contracted to Red Bull could join Aston Martin (see e.g. https://www.bbc.co.uk/sport/formula1/60047418).
Hodgkinson v Mercedes AMG Ltd (2021-22 KBD) Leading Counsel for the claimant in an F1 dispute arising out of the departure of a senior engineer from the Mercedes racing team to join Red Bull (see e.g. https://www.planetf1.com/news/mercedes-red-bull-agree-ben-hodgkinson- transfer).
Alfa v Heinemann & Ors (ICC arbitration 2020-22) Leading Counsel for Alfa, a Luxembourg company in its substantial fraud claim arising out of a joint venture agreement and an international tender relating to Ben Gurion airport. The arbitral tribunal upheld the conspiracy claim and the Israeli Court subsequently held the outcome should be public given the importance of the public tender. See e.g. Globes “James Richardson, Heinemann rigged Ben Gurion airport tender”.
Guy Carpenter & Co Ltd & Ors v Howden Insurance Brokers Ltd & Ors (2021 KBD) Leading Counsel for the claimants in a multimillion-pound High Court conspiracy claim (again acting for Guy Carpenter). See the Telegraph 9 May 2021: Insurance giants in High Court battle over executive poaching.
Lawlor & Ors v Medivet Group Limited & Ors (2021 Business List ChD) Leading Counsel for the defendants in a substantial partnership dispute concerning the construction of approximately 30 individual partnership agreements and whether they had been varied by conduct.
Uber & Ors (KBD 2021-22) High Court and ET claims brought by approximately 2,000 Uber drivers in respect of their remuneration and contractual terms for ‘gig working’.
FTI Consulting Gulf Limited v Walker & Ors (2021, Dubai International Financial Centre Courts). Leading Counsel for the defendants in a claim for breach of contract in the DIFC arising out of an alleged team move with parallel litigation in the DIFC Courts and the English High Court.
Jefferies International v Cantor Fitzgerald & Ors (2020-21 KBD) whether FINRA membership amounted to an arbitration agreement for the purposes of section 9 of the Arbitration Act 1996. Daniel acted for the claimant, Jefferies. The English Court dismissed the defendants’ application for a stay of the proceedings pending a FINRA arbitration in New York
New Balance Athletics Inc v Liverpool FC [2019] EWHC 2837 (Comm) acting for New Balance in the Liverpool FC Sponsorship dispute. The Commercial Court considered at a speedy trial a ‘matching provision’. The principal argument concerned the obligation of good faith in a relational contract and whether New Balance was in breach of a distribution obligation.
Gruber Ors v AIG & Ors [2018] EWHC 3030 Comm, [2019] EWHC 1676 (Comm), and [2020] EWCA Civ 31. Described by Bloomberg as ‘one of the last great payday disputes’ Daniel acted for the claimants in the Commercial Court and Court of Appeal on contractual claims which turned on the construction of Connecticut law governed deferred compensation schemes. The amount subject to claims at trial was c.US$108 million. The Commercial Court also considered issues of alter ego liability and interference with contract under Delaware and Connecticut law.
JLT & Ors v Hyperion & Ors (2019-20 KBD) Leading Counsel for the claimants in a multimillion- pound High Court claim arising out of the £4.3bn acquisition of JLT by Marsh & McLennan (The Times 12 May 2019).
Egon Zehnder Ltd v Tillman [2019] UKSC 32, considered the application of restraint of trade principles in shareholder restraints, the proper approach to construction of covenants in restraint of trade, and the doctrine of severance in the first employee competition case to be considered by the House of Lords/Supreme Court in more than 100 years. Daniel was Leading Counsel for Ms Tillman in the Supreme Court, Court of Appeal and Chancery Division.
Henderson Administration Ltd v Pease [2019] EWCA Civ 158 acting for Henderson, in a dispute arising out of the transfer of a £1 billion fund under a scheme of arrangement. The Court of Appeal applied the general principle of English contract law that where an obligation can be performed in different ways it is ordinarily for the obligor to choose the method of performance. It held that Henderson had been entitled to choose to transfer the Henderson European Special Situations Fund to Mr Pease’s new asset management firm under a scheme of arrangement and that Mr Pease was liable to pay the fees due in the event of a transfer. The Court of Appeal also considered the legal status of a sub-fund within an Open- Ended Investment Company (OEIC).
Ideal Standard International SA v Herbert [2018] EWHC 3326 (Comm) Daniel acted for the claimants obtaining urgent injunctive relief from the Commercial Court under Section 44 of the Arbitration Act in a dispute under a shareholders agreement. He also acted in the subsequent arbitration.
Jefferies International v Cantor Fitzgerald & Ors (2020) a claim for non-payment of monies following a cross-border team move executed simultaneously in Dubai, the US, Hong Kong and London. With proceedings in multiple jurisdictions and a FINRA arbitration in the US.
Capital Markets Co v Tarver & Ors (2018) Ch-D acting for the claimant fintech company in this conspiracy claim relating to IP rights in blockchain banking platforms and the diversion of business opportunities in a claim for over £200 million. Daniel also advised in the related arbitration.
ICAP v Berry & BGC [2017] EWHC 1321 KB acting for the successful claimant in this high profile IDB dispute. The defendants sought to establish that the share acquisition of a global IDB business was a TUPE transfer releasing brokers from their contracts. Daniel obtained interim injunctive relief and final injunctive relief at trial. The Court gave guidance on global share acquisitions and the impact of TUPE.
Acheson v McAlpine & Ors KB (2016 KB) instructed for several defendants in the high-profile Construction Industry Vetting Information Group Litigation, a group action involving allegations of a conspiracy to ‘blacklist’, defamation and breaches of the DPA (see e.g. FT 9 May 2016 and the Lawyers top 20 cases).
Standard Chartered Bank v X & Ors (2016) acting for a senior Dubai banker in relation to regulatory, disciplinary and contractual issues governed by DIFC law.
Chodiev & Ors v Stein [2015] EWHC 1428 (Comm) and [2014] EWHC 1201 (Comm) acting for the successful claimant against the three oligarch founders of ENRC. The claimant alleged an oral contract for fees and interest of approximately US$30m arising out of a syndicated loan and IPO. The oral contract was established following Daniel’s cross-examination of the oligarchs at trial. The defendants’ subsequent application to set aside the judgment for fraud was dismissed.
Gallagher v Ross & Ors (2015) KBD. A claim for conspiracy and breach of fiduciary duty arising out of the alleged diversion of maturing business opportunities and a team move in the insurance industry with cross claims arising out of surveillance. Daniel acted for the claimants who obtained interim relief (FT 27 March 2015) and recovered £20m under the subsequent settlement of the action (The Times 27 August 2015 ‘Towergate to pay £20m over poaching claim’).
Rokos v Brevan Howard (2015) instructed by the hedge fund, Brevan Howard, in this high- profile Jersey law partnership dispute with a founding partner in the Jersey High Court relating to garden leave and other restrictions in a partnership agreement (FT 21 January 2015 ‘Brevan Howard settles dispute with star trader’).
- Commercial dispute resolution
“Dan Oudkerk is one of the most effective cross-examiners I have seen. He knows how to draw information from a witness, without being bullying or intimidating.”
Chambers & Partners 2024 – Commercial Dispute Resolution
Daniel Oudkerk KC has a broad-based commercial practice which spans civil fraud, financial services & banking, breach of confidence contractual claims, and partnership and shareholder disputes. He has extensive experience of heavy conspiracy claims in the financial services sector with clients ranging from interdealer brokers, hedge funds, PE firms, Lloyds brokers and fintech companies to individuals. Examples of recent work include:
(1) ENRC v The Director of the SFO, Gibson & Puddick (2024 Comm) instructed by the claimant in high-profile breach of confidence/misfeasance proceedings against the Serious Fraud Office and others concerning the alleged leaking of confidential information to the press. (Financial Times 7 October 2024: “Serious Fraud Office and ENRC give themselves a day to settle legal battle”);
(2) Municipio de Mariana v BHP (the Fundo Group Litigation), leading Counsel for the claimants on BHP’s attempt to strike out claims worth approximately £1bn (https://www.solicitorsjournal.com/sjarticle/bhp-suffer-humiliating-defeat-in-bid-to-stop-justice-for- victims-of-brazilian-mining-disaster). Daniel also acted for the Municipality claimants on their application for an antisuit injunction to prevent BHP and others funding a claim in Brazil’s Supreme Court relating to issues before the English Court in the Fundao Group Litigation (https://www.reuters.com/world/americas/bhp-must-stop-funding-legal-action-halt-mariana-dam- claim-court-rules-2024-07-23);
(3) Vehicle Emissions group litigation (2022-25) acting for hundreds of thousands of claimants in claims against various car manufacturing groups;
(4) leading Counsel for New Balance in its sponsorship dispute with Liverpool FC (New Balance Athletics Inc v Liverpool FC [2019] EWHC 2837 (Comm), [2020] EWCA Civ 31; (4)
(5) Leading counsel in a Commercial Court action arising out of the $85 billion bailout of AIG (substantive law Delaware, Connecticut, New York and English law);
(6) Acting for Henderson Administration in a dispute about the transfer of a £1 billion Henderson fund under a scheme of arrangement (Henderson v Pease [2019] EWCA Civ 158);
(7) A Commercial Court claim against the three oligarch founders of ENRC in a Commercial Court trial on an oral contract relating an IPO and syndicated loan Chodiev & Ors v Stein [2015] EWHC 1201;
(8) a high profile Jersey partnership dispute acting for leading European hedge fund Brevan Howard.
Arbitration & related court applications: recent arbitrations and arbitration related Court work include: a dispute involving traders and the alleged misuse of trades secrets and confidential information (2024-25, LCIA). A cryptocurrency related dispute (2023, LCIA); Alfa v Heinemann & Ors (ICC 2020-2022) leading Counsel for the claimants in a fraud claim arising out of a joint venture agreement and an international tender relating to Ben Gurion airport; and Ideal Standard International SA v Herbert [2018] EWHC 3326 (Comm), an injunction under a shareholders agreement over to an expedited arbitration (LCIA);
Banking & financial services: Daniel acts for a wide range of financial services clients and has extensive experience disputes involving interdealer brokers, FX desks and traders, private equity, hedge funds, asset managers, fintech companies, cryptocurrency firms and investment banks. He acted for Henderson, in a dispute about the transfer of a £1 billion fund under a scheme of arrangement (Henderson v Pease [2019] EWCA Civ 158).
Civil fraud: Daniel is routinely instructed in heavy conspiracy actions. He was instructed for the claimant in ENRC v The Director of the SFO, Gibson & Puddick (2024). He acted the claimants in an ICC arbitration relating to a substantial fraud claim arising out of a joint venture agreement. Often instructed in cross-border conspiracy actions, he acted for Capco in its £200m fraud claim against Thought Machine (blockchain banking platforms) and against the 3 oligarch founders of ENRC Plc in a fraud claim arising out of a Commercial Court trial on an oral contract and the subsequent action to set the judgment aside for fraud.
Confidential information, breach of confidence, database rights, data protection: Daniel is routinely instructed in claims involving breach of confidence and/or misuse of confidential information where injunctions are required to protect, preserve or recover confidential information.
Conflict of laws & private international law: Daniel is often instructed in claims governed by foreign law or where jurisdiction issues arise. He has acted in numerous in cross-border disputes including international conspiracy actions. He has a particular interest in international employee fraud claims and co- edits International Employment Disputes (Sweet & Maxwell).
Injunctions & interim relief: applications for urgent injunctive relief and speedy trials in all divisions of the High Court form a very substantial part of Daniel’s practice, see by way of recent example Guy Carpenter & Co Ltd v Howden Insurance Brokers Ltd & Ors (2023 KB), leading Counsel for the claimants in a multimillion-pound High Court conspiracy claim where groundbreaking injunctive relief was obtained.
Partnership & LLP disputes, fiduciary duties, and shareholder disputes: Daniel is routinely instructed in significant partnership disputes relating to remuneration, retirement, good leaver/bad leaver provisions, carry, and non-competition agreements and other restraint of trade issues. He has particular experience of competition disputes arising on partners/shareholders exiting a business both in arbitration and in the High Court. He is regularly instructed in claims involving breach of fiduciary duty and/or misuse of confidential information.
Sports law: Daniel was instructed by Red Bull in Technology Ltd v Fallows (2021-22 KB), a high-profile Formula One dispute relating to an ‘aero guru’. He acted for the claimant in Hodgkinson v Mercedes AMG Ltd (2021-22) KB an F1 dispute arising out of the departure of a senior engineer from the Mercedes racing team to join Red Bull. He acted for New Balance in its claim against Liverpool FC dispute arising out of ‘matching provisions’ in a sponsorship agreement. New Balance Athletics Inc v Liverpool FC [2019] EWHC 2837. In 2024 he advised another premier league football club on a dispute relating to the recruitment of key staff.
- Employment
“He’s the top pick for employment and commercial disputes cases; he’s very pragmatic and commercial”
Chambers & Partners 2024 – Employment
Daniel Oudkerk KC’s employment practice focuses on heavy High Court litigation and arbitrations. He brings to his employment work extensive commercial expertise.
He has appeared as the lead advocate in many of the most significant cases in the commercial employment field in recent years from the record breaking pan-European team move case Guy Carpenter & Co Ltd & Ors v Howden Insurance Brokers Ltd & Ors (2023 KB) where the press reported that the settlement was “…believed to be the highest ever related to a poaching suit in London” , through to Egon Zehnder Ltd v Tillman the first employee competition case to reach the Supreme Court for a hundred years. He acted for the claimants in the AIG $100m bonus litigation reported as the ‘last of the great payday disputes’, and for Tullett in the landmark Tullett Prebon litigation where the Court of Appeal described his advocacy as “devastating”. He is routinely instructed in the ‘must win’ cases.
Team moves: since the Tullett Prebon litigation, Daniel has routinely been instructed in the ‘big ticket’ team moves of the last decade Chambers & Partners notes his “amazing work on team moves”. Recent work includes:
- PIB Group/Acquinx & Ors v Howden & Ors (2025 KB): Leading Counsel for the claimants in a team move/conspiracy claim for injunctive relief and damages arising out of an alleged unlawful poaching raid following over 30 employees resigning en masse in London, Barcelona, Madrid, Lisbon, Rome, Amsterdam, Copenhagen, Stockholm and Frankfurt to move to Howden’s underwriting division, DUAL (https://www.theinsurer.com/ti/news/pib-sues-howden-over-dual-swoop- for-acquinex-wi-team-2025-01-23.)
- Guy Carpenter & Co Ltd & Ors v Howden Insurance Brokers Ltd & Ors (2023 KB) Leading Counsel for the claimants in a team move conspiracy claim for circa £100m, injunctive relief and damages arising out of an alleged unlawful poaching raid spanning numerous jurisdictions (including the US, Europe and the Nordics) and governed by various foreign laws (see [2023] EWHC 1114 (KB) and [2023] EWHC 2169 (KB)). The press reported that the settlement was “…believed to be the highest ever related to a poaching suit in London” (Insurance Insider 12 October 2023).
- Acting for Marsh McLennan in several multimillion-pound team move actions (see recent cases).
- A DIFC team move with parallel litigation in the DIFC and the English Courts;
- Leading counsel for trial for the cybersecurity consultants Secarma in a multimillion-pound poaching claim;
- Leading Counsel for Jefferies International in relation to a cross-border team move executed simultaneously in Dubai, New York, Hong Kong and London with proceedings in the High Court and in arbitration;
- Leading Counsel for Jefferies in a substantial team move claim brought by Stifel;
- Leading Counsel for the insurers Gallagher, recovering over £20m in its high-profile action against its former CEO and members of its senior management team.
Daniel is regularly instructed in heavy team move litigation arising out of poaching operations in other jurisdictions. He has extensive experience of team moves across Europe, the US, Singapore and Hong Kong.
Anti-suit: Gagliardi v Evolution Capital Management LCC [2023] EWHC 1608 (Comm). Leading Counsel for the claimant blocking a multimillion-dollar lawsuit in New York and obtaining first post- Brexit anti-suit injunction (ASI).
Confidential information, breach of confidence, database rights and data protection: Daniel is routinely instructed in claims involving misuse of confidential information and breach of confidence and applications for urgent injunctive relief.
Cross-border employment disputes: Much of Daniel’s practice involves cross-border disputes see e.g. Guy Carpenter & Co Ltd & Ors v Howden Insurance Brokers Ltd & Ors (2023) with defendants in Europe, the US and the UK; Gruber & Ors v AIG & Ors [2018] EWHC 3030 (Comm) and [2020] EWCA Civ 31 (substantive law Delaware, Connecticut, New York and English law); Jefferies v Cantor Fitzgerald & Ors (New York, Hong Kong and English law) and Seaco v Buss Capital (Singapore and English law). He has extensive experience of the jurisdictional rules governing employee defendants and co-edits International Employment Disputes (Sweet & Maxwell).
Deferred remuneration, bonus litigation, share options: an “acknowledged leader in commercial employment law” Daniel regularly deals with complex remuneration disputes and share schemes (often governed by foreign law). He has advised on liquidated damages issues in numerous jurisdictions. He has considerable experience of the related regulatory issues.
Restrictive covenants, springboards and garden leave: “Brilliant on restrictive covenants” and “a true star of the restrictive covenant world” urgent injunctive work has always made up a substantial part of Daniel’s practice from restrictive covenants through to springboard and garden leave injunctions. He continues to appear in the highest profile cases. In Red Bull Technology Ltd v Fallows (2021-22) KB he appeared for the Claimant in a Formula One dispute as to whether an ‘aero guru’ contracted to Red Bull could join Aston Martin (see https://www.bbc.co.uk/sport/formula1/60047418). In Hodgkinson v Mercedes AMG Ltd (2021- 22) KB leading Counsel for the claimant in another F1 dispute. Daniel has appeared in many landmark decisions. He obtained the first reported ‘no-poach’ injunction in the Tullett litigation in 2010. In 2019, he appeared for Ms Tillman first employee restrictive covenant case to reach the Supreme Court in a hundred years, Egon Zehnder. In ICAP v Berry & BGC [2017] EWHC 638 KB, the leading case on the effect of a global share acquisition on garden leave, he successfully obtained interim and final injunctive relief. His arguments were adopted by Underhill J. in Patsystems Holdings Ltd v Neilly [2012] IRLR 979 when giving guidance on the general principles to be applied where contracts containing PTRs are renegotiated by the employer.
Whistleblowing and Employment Tribunal claims: Daniel acts in high profile tribunal cases which raise significant reputational or regulatory risk.
Wrongful dismissal: Daniel has extensive experience of high value wrongful dismissal actions.
Trade unions and strike injunctions: Daniel has appeared for employers and trade unions on applications for strike injunctions and in collective bargaining disputes.
- Career
2010 Appointed King’s Counsel
1992 Called to the Bar (Inner Temple) - Education
1991 Inns of Court School of Law
1990 LLB (Bristol)
