Daniel acts for both FCA authorised and unauthorised clients active in the financial services sector and undertakes a range of contentious and non-contentious financial services regulatory work.
Daniel has experience in advising clients on complying with their regulatory requirements for both existing requirements and pending regulatory changes. Daniel is able to advise on a range of regulatory matters and queries in relation to the application of legislation such as the Financial Services & Markets Act 2000 and the Consumer Credit Act 1974 on both corporate and consumer transactions. This includes the implication of such legislation on proposed consumer credit agreements and lending arrangements, as well as corporate asset sales arising from the administration and insolvency of corporate entities.
Daniel has significant experience in insurance matters and providing advice to a range of clients including insurers, policyholders and insurance brokers with regards to insurance coverage disputes and claims management. Daniel has particular experience in advising on professional indemnity policies, in addition to directors’ and officers’, corporate legal liability and trustee and individual liability policies. More recently, Daniel has assisted on a significant number of matters relating to business interruption insurance and assisting a range of clients with reviews into policy coverage for claims arising as a result of interruption caused by the Coronavirus pandemic and the subsequent FCA test case.
Daniel also has significant experience in dealing with litigation on a range of matters from both a claimant and defendant perspective. These range from small claims less than £1,000 in value, through to multi-track matters in the High Court. Daniel has handled litigation on behalf of a wide range of clients, including insurers, accountants, and bookkeepers. Daniel is able to provide practical advice on the litigation process as a whole, including both the merits of beginning litigation and the process to be followed once litigation has begun, as well as advising on alternative dispute resolution and settlement options.
Daniel also has experience in advising on complaints made to the Financial Ombudsman Services and other such regulatory bodies, and is able to advise on options and procedures once complaints have been received.
- Daniel spoke to BBC News to discuss what people can do if they’ve lost money on a crypto investment and what options there are when it comes to bankruptcy – read more here
- Daniel was quoted in The Times Raconteur in their fraud and financial crime report, discussing the ways in which cases of financial crime will typically rise following the collapse of financial institutions, with a particular focus on the crypto markets – read more here
- Daniel featured in the Lexis Nexis Practice Note on the Consumer Duty implications for insurance intermediaries – read more here
- Daniel featured in the Lexis Nexis Video Discussion to follow up the above practice note and discuss the implications of the Consumer Duty regime for insurance intermediaries – watch here
- Daniel commented to the Daily Express about what was next for cryptocurrencies following the collapse of FTX – read more here
- Daniel also commented to Verdict about the reaction in the crypto community following the FTX collapse – read more here
- Daniel commented to IT Pro about tackling the growth of fraud and financial crime in the crypto and digital asset sector – read more here
- Daniel spoke to Compliance Week about the collapse of US bank SVB and the actions taken by UK regulators in the wake of this – read more here
Financial Services Regulation
- Advising a sports club with pursing a significant business interruption claim against their insurer to recover insured losses arising from interruption caused by the Coronavirus pandemic.
- Advising as insurer client on the interpretation and application on questions contained within standard Statements of Fact issued to policyholders prior to terms of insurance being offered, advising on the potential limits to the proposed questions and how these may impact on policy coverage for future claims.
- Assisting clients with reviewing and amending their business plans and company structure in light of a new regulatory framework being introduced by the FCA.
- Advising on the potential legal and regulatory implications of the Financial Services and Markets Act 2000 and other legislation on a proposed asset sale on behalf of the administrators of a limited company.
- Conducting bespoke reviews into policy coverage on behalf of an insurer client in light of a policyholder’s challenge to a claim declinature, providing an analysis of the interpretation of insuring clauses and their application to the facts of specific claims.
- assisting an insurer client with policy coverage reviews of approximately one hundred business interruption claims submitted by the owners of holiday homes for losses arising from booking cancellations and lost customer bookings caused by Coronavirus restrictions.
- Assisting a client company of stock brokers with responding to a significant FCA investigation conducted in response to criminal investigations into suspected financial crime by a client.
- Assisting clients with pursuing legal action against financial lenders in relation to allegations of negligent advice and mis-selling of loans and refinancing options.
- Assisting accountant and bookkeeping clients with defending claims presented by clients concerning their alleged professional negligence in handling their accounts and submissions to HMRC, including seeing a matter through to disposal at a County Court hearing.
- Assisting clients in the letting and property management industry with regards to litigation and disputes arising from alleged failures to comply with regulatory requirements concerning the handling of tenancy security deposits, helping the clients understand their requirements and assisting with reaching an early resolution to the complaints and avoiding the need for ongoing litigation.
- Assisting an accountant client with responding to a complaint made to the FOS by a client, resulting in the complaint being successfully dismissed in full with no adverse findings made against the client.
- Time To Start Your Consumer Duty Annual Board Report
- FCA Announces New Gateway for Approving Financial Promotions
- Financial Conduct Authority introduces new financial promotions rules for cryptocurrencies
- Cryptocurrency and FTX, 6 months on
- Reserved Investor Fund Consultation
- Financial Crime, the hottest trend in FCA enforcement?
- Implementation of the consumer duty for asset managers
- Implementation of the Consumer Duty for Insurance Intermediaries
- Implementation of the consumer duty for insurers
- Cryptocurrencies & regulation in 2022 – What does the future of crypto look like?
- COVID-19 and Business Interruption Two Years On – Where are we Now?
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