Daniel Cashman

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.

Advising on contractual and copyright matters in the context of film & TV, photography, and music contracts.

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 on behalf of business intelligence companies in an application to redact evidence, which had been requested by the Court in New York pursuant to the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad, on grounds of confidentiality (assisting Andrew George QC).

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) 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).

Acting for an individual in response to a Warning Notice issued by the FCA to a LIBOR trader (assisting Andrew George QC).

Acting for the GMC in a doctor’s appeal against a finding of serious misconduct, which concerned whether findings of non-serious misconduct could be taken into account in reaching a determination that a doctor’s fitness to practise was impaired (assisting Ivan Hare).

Acting for the General Medical Council in a statutory appeal against erasure from the Medical Register (assisting Ivan Hare).

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 junior Counsel for the Claimants in a challenge to MI5's holding of data, pursuant to ECHR and EU law. Daniel appeared as sole Counsel before Singh LJ and Edis J in February 2020. 

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, including in relation to spectrum trading and net neutrality.

Acting for the Secretary of State for the Home Department before the Court of Appeal in this case which relates to the power to deport the spouse of an EU citizen (assisting Brian Kennelly). 

Acting for the UK in this preliminary reference, considering the power of the courts of a Member State under the Brussels I Regulation to refuse to recognise an arbitral award (assisting Brian Kennelly). 

Acting for the UK in this preliminary reference considering jurisdiction under the Insolvency Regulation (assisting Brian Kennelly).

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 the Secretary of State for the Home Department before the Court of Appeal in this case which considered whether a mother could acquire a derived right of residence under Zambrano principles (assisting Brian Kennelly).

Acting for the Secretary of State for the Home Department before the Court of Appeal in this case which relates to the power to deport an EU citizen who relies on rights acquired before accession to the EU (assisting Brian Kennelly).

Acting for the Secretary of State for Work and Pensions before the Court of Appeal in this case which considered whether social security residence requirements were compatible with Regulation 1408/71 (assisting Brian Kennelly).

Representing both Claimants and Respondents in Employment Tribunal hearings.

Acting for both Claimants and Respondents in discrimination hearings at Employment Tribunal. 

Advising both employers and employees in relation to restrictive covenants in employment contracts.

Advising employers on applications for injunctive relief, including conflict of laws issues (assisting Diya Sen Gupta).

Acting for the Claimant in this claim for substantial compensation under Rule 12 of the TUPE Regulations (assisting Ivan Hare).

Acting for the GMC in this appeal about the scope of a qualifications body’s liability under the Equality Act 2010 in the Employment Tribunal (assisting Ivan Hare).

Acting (as junior to Tom de la Mare QC and Ben Jaffey) 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 for the Secretary of State for the Home Department in an immigration appeal concerning the right of abode of a foreign national (assisting Ivan Hare). 

Acting for the Secretary of State for the Home Department before the Court of Appeal in this case which considered whether a mother could acquire a derived right of residence under Zambrano principles (assisting Brian Kennelly).

Acting as junior Counsel for the Claimants in a challenge to MI5's holding of data, pursuant to ECHR and EU law. Daniel appeared as sole Counsel before Singh LJ and Edis J in February 2020. 

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