Daniel Cashman

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

Daniel is acting as 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 was 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 are challenging the UK 14 day quarantine regulations that came into effect in June. The airlines claim that the regulations are irrational and disproportionate. Daniel is acting 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.

Daniel acts for the Government in defending this challenge to the Ivory Act 2018 as being contrary to EU law.

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.

Acting (as junior to Tom de la Mare QC and Ben Jaffey QC) for Privacy International against the Security and Intelligence Agencies. The Tribunal held that the Agencies had breached Art 8(2) ECHR in respect of their regimes relating to bulk personal data and bulk communications data until the regimes’ public avowal in 2015. 

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).

Acting on behalf of the Secretary of State for Health in this appeal which establishes that NHS bodies are entitled to take account of the fact that accommodation may be provided from other sources (such as local authorities) in cases where accommodation may form part of a patient’s continuing health needs (assisting Ivan Hare).

Acting on behalf of the Office of Qualifications and Examinations Regulation (Ofqual), an interested party in this judicial review of an Ombudsman’s determination (assisting Ivan Hare).

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 is acting 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.

Acting for Watford Football Club in a contractual dispute

Contested service of proceedings within the jurisdiction (as junior to Tom Weisselberg QC). 

Insolvency proceedings; application to set aside a statutory demand.

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 for the Claimants in a commercial dispute worth c. £900,000 relating to the sale and purchase of six restaurants.

Acting for the Claimants 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. 

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 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). 

Acted for the Claimant against a global electronic money payment service provider to enforce a contract for commission payments (as junior to Andrew George QC).

Acting for the Applicant in the High Court in an application to release frozen funds.

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 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 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). 

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

Acting for Watford Football Club in a contractual dispute

Acting on behalf of various local authority Claimants in relation to a substantial follow-on damages claim. 

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 as Counsel for the Claimants in a challenge to MI5's holding of data, pursuant to ECHR and EU law.

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.

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. 

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

Acting in 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.

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

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. 

Acting (as junior to Tom de la Mare QC and Ben Jaffey QC) for Privacy International against the Security and Intelligence Agencies. The Tribunal held that the Agencies had breached Art 8(2) ECHR in respect of their regimes relating to bulk personal data and bulk communications data until the regimes’ public avowal in 2015. 

Acting on behalf of the Secretary of State for the Home Department in this appeal against the High Court’s decision that an individual had been unlawfully detained pending his removal to Morocco (assisting Ivan Hare). 

Acting as Counsel for the Claimants in a challenge to MI5's holding of data, pursuant to ECHR and EU law.