Daniel Cashman

Daniel was junior counsel (with Sir James Eadie KC) for the Attorney General in this preliminary issue hearing in judicial review proceedings, in which the Divisional Court held that there is a constitutional category of decisions in respect of which the Attorney General's decision is non-justiciable. The context of the case was challenging the AG's refusal of fiat to re-open an inquest.

Daniel is acting for Total Energies, an interested party, in this judicial review challenge concerning MER UK and the decommissioning of assets in the North Sea.

Acting as junior counsel for the appellant in the first statutory appeal under the Water Code Appeal Regulations.

Daniel is acting as junior counsel for Claimants/Complainants in the IPT, concerning the legality of a targeted equipment interference warrant under the Investigatory Powers Act 2016. 

Daniel was junior counsel for the Claimant in this tax challenge concerning legitimate expectations.

Daniel was junior counsel for the Claimant in this judicial review challenge to a determination of the Financial Ombudsman in the context of timeshare contracts.

Daniel was junior counsel for the Secretary of State in this commercial judicial review concerning enfranchisement of the Ministry of Defence's Service Family Accommodation.

Acting variously for the FCA, PRA, and for regulated individuals and financial institutions, in the context of contested regulatory proceedings. 

Daniel was junior counsel in this judicial review of the UKSA's and Chancellor's decision to replace RPI with CPIH from 2030.  

Daniel was junior counsel in this judicial review to a decision of the Investigatory Powers Tribunal. 

Daniel is acting as junior counsel for Camelot in its procurement challenge to the award of the fourth National Lottery licence. 

Daniel acted as sole counsel for the Claimant in this judicial review considering the amenability to review of Code bodies in the context of the micro generation certification scheme.

Acting as junior Counsel for the Minister in relation to a challenge to the arrangements for blind and partially-sighted persons to vote without assistance at the general election in December 2019

Acting for GEMA before the CMA in relation to challenges to the RIIO2 price control. 

Junior Counsel for the Medical Protection Society in this challenge to the scheme for GP indemnities. Daniel appeared as sole counsel in interlocutory matters.

The Divisional Court has dismissed a challenge to the temporary cessation of jury trials due to the coronavirus pandemic. Daniel acted for the Lord Chancellor and the Lord Chief Justice.

The three airlines challenged the UK 14 day quarantine regulations. The airlines claimed that the regulations were irrational and disproportionate. Daniel acted on behalf of the airlines. 

Acted on behalf of Hutchison 3G UK Limited. The Court of Appeal dismissed Ofcom’s appeal against a judgment of the High Court awarding over £218 million plus interest as restitution of unjust enrichment to four Mobile Network Operators.

The Court of Appeal upheld the High Court’s dismissal of a challenge to the ban on dealing in ivory imposed by the Ivory Act 2018. Daniel acted for the Respondent Secretary of State.

Acting for the Civil Aviation Authority in internal regulatory proceedings and in a judicial review in relation to matters arising from the administration of Thomas Cook and the EU aviation regime.

The Supreme Court concluded that the Prime Minister’s advice to her Majesty was unlawful, void or of no effect and Gina Miller’s appeal was allowed and the Advocate General’s appeal in the case of Cherry is dismissed. Daniel was instructed by the Public Law Project.

Acting for the Claimant in a State Aid challenge to the capacity market (as junior to Tristan Jones). 

Acting for the Authority in a judicial review of a decision concerning regulated revenue made pursuant to the Offshore Transmission Licence. 

Acting for the interested party, Camelot, (as junior to Dinah Rose QC) in this judicial review concerning the regulation of betting on the EuroMillions lottery.

Acting for Ofgem before the Authority's Enforcement Decision Panel in a contested case concerning installation of Advanced Meters. The Authority imposed a penalty of £2.4m on npower. (As junior to Javan Herberg QC). 

Acting for the Claimant in a judicial review of Ofcom's decision relating to 5G spectrum auction caps, both at first instance and on appeal to the Court of Appeal. 

Acting for the Civil Aviation Authority in successful proceedings to remove Monarch Airlines' operating licence and air operator certificate (as junior to Alan Maclean QC). 

Acting as junior Counsel for Ofcom in a six-week hearing in the CAT, in which BT challenged Ofcom's market definition exercise in its business connectivity market review.

Daniel was junior counsel for Privacy International against the Security and Intelligence Agencies. The long-running case was heard in the Investigatory Powers Tribunal, Court of Justice, and (on an application for judicial review) the Divisional Court.

Acting for an individual in the first re-referral to the Tribunal of a decision by the FCA, appealing the individual’s prohibition of a significant influence function. The Tribunal agreed (contrary to the FCA’s submission) that it was permitted to consider the facts de novo, even in a second referral (as junior to Andrew George QC).

Daniel was junior counsel for the defendant, successfully defending this claim valued at over £1 billion. The claimant claimed relief under an alleged oral trust, alternatively in promissory estoppel. The action was dismissed in its entirety, and the defendant awarded indemnity costs.

Acting as junior for a multi-week trial in the Commercial Court.

Previously, acting in an application for service out of the jurisdiction and resisting a stay on grounds of forum non conveniens. The High Court granted the Claimants’ application and agreed that there should not be a stay on grounds of forum non conveniens. 

Daniel acted as junior counsel for the Defendant in this application concerning whether there was jurisdiction to bring a counterclaim in the High Court in the context of an arbitration claim for enforcement of a New York Convention award . 

Daniel acted for five directors in defence of allegations that they acted in breach of duties under the Companies Act 2006.

Counsel for the executive producer of a feature film in a contractual dispute, in which the executive producer succeeded.

Acted on behalf of Hutchison 3G UK Limited. The Court of Appeal dismissed Ofcom’s appeal against a judgment of the High Court awarding over £218 million plus interest as restitution of unjust enrichment to four Mobile Network Operators.

Application to set aside a freezing injunction.

A claim for serious irregularity under section 68 of the Arbitration Act 1996, arising out of a high-value LCIA arbitration. 

Acting (as junior to Adam Baradon) for six claimants in claims for fraudulent misrepresentation, breach of trust, breach of fiduciary duty, breach of contract and other grounds in respect of 10 investment schemes, amounting to approximately £15 million.  Obtaining freezing orders including under the Chabra jurisdiction  against 14 respondent parties, together with ancillary relief including a passport order and orders for alternative service.

Acting for the Claimant in a commercial contractual dispute related to the online payment and gambling sectors. The High Court found in favour of the Claimant in respect of all issues before it. 

Acting for the Appellant (as junior to Michael Beloff QC and Stephen Nathan QC) in this case considering the legal test for permission to serve out of the jurisdiction and for implication of terms as to interest.

Acting for the Claimants in a claim alleging breach of FSA/FCA rules in selling index-linked notes (as junior to Ian Mill QC). The Claimants were awarded damages of $23.6m.

Acting as sole counsel for the Claimants in a commercial dispute relating to the sale and purchase of six restaurants.

Acting for a commercial finance company in this dispute concerning the enforcement of a confidentiality and non-circumvent agreement (as junior to Andrew George QC).

Acting as sole counsel for the Defendant in the Commercial Court, in relation to a multi-million pound claim, for a declaration of stay and opposing an application for default judgment.

Acting in numerous LCIA arbitrations, including as sole counsel in a multi-million dollar commercial dispute, in relation to competition issues in a dispute in the EU air transport sector and in a commercial franchise dispute.

Acting for regulators and clubs in sport arbitrations under Rule K of the Football Association Rules and sections 8 and 9 of the EFL Regulations. 

Daniel has acted in urgent injunctive proceedings in the football regulatory sphere. He has acted in relation to sports disciplinary matters, including investigations, disciplinary proceedings, and arbitrations arising out of disciplinary proceedings. He also has experience of litigating regulatory matters such as financial fair play.

Acting for a Championship Football Club in a sporting arbitration relating to the ability of non-parties to bring disciplinary appeals under the EFL Regulations.

Acted for the EFL in a misconduct charge brought by the EFL against Stevenage FC in relation to fixture obligations and/or the obligation to act with the utmost good faith with respect to the postponement of a scheduled League Two game.

Acting for the Claimant in a claim concerning payment pursuant to a franchise agreement in a major overseas sports league (as junior to Andrew George QC). 

Acting for Watford Football Club in a contractual dispute

Acting for Ofwat (as intervener) in this application for collective proceedings against water companies. The CAT refused permission to certify on the basis that the claims were excluded by statute.

Daniel was junior counsel for the US Closed Banks in this competition damages action concerning LIBOR suppression, which settled prior to trial.

Acting for the CMA in this statutory appeal of the CMA's decision finding an anti-competitive agreement in the pharmaceutical sector (prochlorperazine).

Daniel acted on behalf of various local authority Claimants in relation to a substantial follow-on damages claim arising from the Trucks cartel.

Acting (as junior to Tom de la Mare QC and Tristan Jones) for the proposed class representative in the first opt-out class action in the UK concerning infringements of competition law in the sale of mobility scooters. 

Acting in numerous LCIA arbitrations, including as sole counsel in a multi-million dollar commercial dispute, in relation to competition issues in a dispute in the EU air transport sector and in a commercial franchise dispute.

Acting for the Claimant in a State Aid challenge to the capacity market (as junior to Tristan Jones). 

Acting for the Civil Aviation Authority in internal regulatory proceedings and in a judicial review in relation to matters arising from the administration of Thomas Cook and the EU aviation regime.

Acting for the Claimant in a State Aid challenge to the capacity market (as junior to Tristan Jones). 

Acting for the Claimant in a judicial review of Ofcom's decision relating to 5G spectrum auction caps, both at first instance and on appeal to the Court of Appeal. 

Acting for the Civil Aviation Authority in successful proceedings to remove Monarch Airlines' operating licence and air operator certificate (as junior to Alan Maclean QC). 

Acting as junior Counsel for Ofcom in a six-week hearing in the CAT, in which BT challenged Ofcom's market definition exercise in its business connectivity market review.

Various advice to a telecommunications provider in the UK and elsewhere in the EU, including in relation to spectrum trading and net neutrality.

Daniel is acting as junior counsel for Claimants/Complainants in the IPT, concerning the legality of a targeted equipment interference warrant under the Investigatory Powers Act 2016. 

Daniel was junior counsel, acting pro bono for the Claimants in a challenge to MI5's holding of data, pursuant to ECHR and EU law. The Tribunal found that MI5 and the Secretary of State had acted unlawfully.

Daniel was junior counsel in this judicial review to a decision of the Investigatory Powers Tribunal. 

Acting for the Lord Chancellor in a case considering the suitability of summary judgment/strike out in the context of claims under the Human Rights Act 1998. Daniel was sole counsel in the successful appeal in the King's Bench Division.

Daniel was junior counsel for Privacy International against the Security and Intelligence Agencies. The long-running case was heard in the Investigatory Powers Tribunal, Court of Justice, and (on an application for judicial review) the Divisional Court.