Contact
details:
Telephone +44 (0)20 7696
9900. Fax +44 (0)20 7696 9911. LDE 338 (
Email: danielbayfield@southsquare.com. Web: www.southsquare.com
Education:
MA (Cantab)
(
Called to the Bar 1998 (
Awards &
scholarships:
Inner
Inner
Areas of
practice:
Insolvency and restructuring
General Commercial and Chancery
litigation
Professional negligence
Sports law
Publications:
Contributor to Lightman & Moss: “The
Law of Receivers and Administrators of Companies”
Contributor to Moss, Isaacs and
Fletcher: “The EC Regulation on
Insolvency Proceedings”
Recommendations:
Chambers & Partners: Recommended
in “Insolvency / Corporate Recovery” and “Chancery: Commercial”
Legal 500: Recommended in “Insolvency”
Legal Experts: Recommended in “Insolvency and corporate recovery”
Comments include:
[O]utstanding newcomer Daniel
Bayfield has distinguished himself with his
“pleasant manner and meticulous preparation”.
Senior peers acknowledged him as “one who handles the toughest of cases
very well”. (Chambers
“Bright and sparky” Daniel Bayfield
recently appeared in Re British American Racing (Holdings) Ltd. On the schemes
of arrangement side, he has been involved in Re British Aviation Insurance and
Re DAP Holding NV. (Chambers
The up-and-coming
Experience:
Insolvency
Acted
for Interested Party D on an application for directions made by the receivers
of the SIV Cheyne Finance plc as to the meaning of
“Insolvency Event” within the meaning of a security trust deed. The judgment is authority for the proposition
that the test of commercial or cash
flow insolvency to be found in section 123(1)(e) of the Insolvency Act 1986 does
not exclude consideration of prospective or future debts.
(Re Cheyne Finance
plc [2008] 2 All ER 987, [2008] BCC 182)
Acted
for a group of landlords which successfully obtained a declaration that a CVA
purportedly approved by the creditors of an insolvent retailer unfairly
prejudiced the interests of those of the company’s landlords which had obtained
guarantees from the company’s solvent parent which were purportedly released
under the terms of the CVA.
(Prudential Assurance Co Ltd and others v
PRG Powerhouse Ltd and others [2007] BCC 500, [2008] 1 BCLC 289)
Acted
for the Chapter 11 Asbestos Creditors’ Committee and the Chapter 11 Future
Claimants’ Representative in relation to the restructuring of the Federal Mogul
group.
(Re T&N Limited and others [2006] 1
WLR 1728, [2006] 3 All ER 697, [2006] 2 BCLC 374)
Acted
for fixed charge receivers: (i) successfully defending numerous underselling
claims in front of Patten J. in a trial lasting several months; and
subsequently (ii) successfully resisting an appeal against Patten J.’s
judgment. The decision of the CA is a
leading authority on the scope of a receiver’s duties to a borrower.
(Silven Properties Limited v Royal Bank of
Scotland PLC [2003] BPIR 171 (Patten J.), [2004] 1 WLR 997, [2004] 4 All ER
484, [2004] 1 BCLC 359 (CA))
Acted
for a company within the British American Tobacco group on its application for
an administration order to be made against the holding company which then owned
the BAR Formula 1 racing team. An
administration order was made after a 4 day contested application before Evans-Lombe J. The
Applicant was the company’s largest creditor and also its majority shareholder
and the application was opposed by a minority shareholder which alleged, inter
alia, that the application was an abuse of process made for the improper
purpose of excluding the minority from being involved in the owning and running
of the racing team.
(Re British American Racing (Holdings) Ltd
[2005] BCC 110, [2005] 2 BCLC 234)
Acted for a trustee in bankruptcy in successfully
resisting an appeal to the Court of Appeal against the decision of the judge to
make an order annulling a bankruptcy order conditional upon the bankrupt paying
the trustee in bankruptcy's fees and disbursements notwithstanding that the
bankruptcy order should never have been made. The delay in bringing to the
court's attention the factor leading to the annulment had been the fault of the
bankrupt or his former solicitors.
(Thornhill v
Atherton [2005] BPIR
437 (CA))
Acted
for the joint administrators of O.T.
Computers Ltd, the company which traded as Tiny Computers. I advised
and appeared on numerous occasions for the Joint Administrators (and later the
Joint Liquidators) of the
Acted
for the joint provisional liquidators, and later joint administrators, of the Cenargo group of companies. For further details see Global Turnaround May 2003 (issue 40).
Acted
(for the office holders) on various aspects of the TXU, MG Rover and Enron administrations and the Independent Insurance provisional
liquidation.
Schemes of arrangement
Advised
on numerous schemes of arrangement, both solvent and insolvent, in many (but
not all) cases for insurers.
Acting
for the solvent companies in the WFUM Pools scheme of arrangement.
(Re Sovereign Marine & General Insurance
Company Limited and others [2006] BCC 774; [2007] 1 BCLC 228)
Appeared
for 18 Dutch companies (17 solvent insurers and 1 insolvent former insurer) and
secured the sanction of schemes in relation to their pool business.
(Re DAP Holding N.V. and others [2006]
BCC 48)
Appeared
for the applicant company on the first fully contested solvent insurance
scheme.
(Re The British Aviation Insurance Company
Ltd [2006] BCC 14)
Commercial litigation
Acted
for a Polish shipping company in relation to consolidated
Acted
for defendants in relation to a substantial breach of warranty claim in the
Chancery Division. The relevant warranty
was contained in the
(SGI Holdings Limited v InterserveFM
Limited)
Acted
for many of the Applicants claiming damages against the Secretary of State for
Transport as a result of the enactment of the Merchant Shipping Act 1988
(R v Secretary of Transport, ex parte Factortame).
Sport and entertainment
Advised
Sunderland A.F.C. in relation to a
compensation claim brought by the club against Manchester United F.C. following the signing by United of the
former Sunderland forward, David Bellion. The
claim, which was due to be heard by the Football League Appeals Committee, was
settled on the basis that United would pay
Acted
for Arsenal F.C., Patrick Vieira, Martin Keown, Ashley Cole, Ray Parlour,
Lauren and Jens Lehmann in relation to charges brought against the Club and
the players following Manchester United v Arsenal, 21 September 2003.
Represented
Patrick Vieira (twice), Martin Keown
and Thierry Henry before F.A.
Disciplinary Commissions on earlier charges of violent and/or improper conduct.
The charges were brought in relation to the following matches: Vieira – Leeds v
Arsenal, 26 November 2000 and Arsenal v Chelsea, 26 December 2001; Keown – Arsenal v Leeds, 5 May 2001; and Henry – Arsenal v
Represented
Arsène Wenger on his appeal (before the
Football Association Appeal Board) against a decision of an F.A. Disciplinary
Commission to ban M. Wenger from the touchline for 12 games and to fine him,
the Commission having found proved a charge that M. Wenger had used violent and
improper behaviour after the match between Sunderland and Arsenal on 23 August
2000. The Appeal Board overturned the
ban and substantially reduced the fine.
Represented
Gary Kemp in the Court of Appeal towards the conclusion of the Spandau Ballet
litigation (Hadley v Kemp).
Other cases
Re a Company [2002] All ER (D) 36 (Nov)
Re Henry Charles Ltd
[2003] All ER (D) 432 (Feb)
Re a Company [2003] All ER (D) 95 (May)
Re a Debtor [2003] All ER (D) 392 (Oct)
Turnstem Ltd v Bhanderi [2004] All ER (D) 269
(May)
Smith v
Official Receiver [2004] All ER (D) 397 (Jul)
Re Foden [2005] All ER (D) 190 (Jul)
Re Hydroserve Ltd [2008] BCC 175