Daniel Bayfield QC +44 (0)20 7696 9900 danielbayfield
@southsquare.com


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Practice Managers

Daniel Bayfield QC

Daniel Bayfield QC Daniel Bayfield QC

Daniel Bayfield QC

QC 2016, Called to the Bar 1998
+44 (0)20 7696 9900
danielbayfield@southsquare.com
Daniel Bayfield QC
QC 2016, Called to the Bar 1998

Daniel specialises in business and finance law, with a strong emphasis on insolvency and restructuring, banking law and general commercial litigation.

Since 15 September 2008, Daniel has been advising the administrators of the key UK Lehman Brothers companies. Daniel has also been heavily involved in other high profile cases including: MF Global, Game Group, Rangers FC, Portsmouth FC, Woolworths, HMV, Stanford International Bank, Kaupthing, Sigma, Hellas, XL Airways, Countrywide, Cheyne Finance, Eurosail, Belmont, MG Rover, TXU, T&N, Enron and Cenargo.

Beyond South Square’s core practice areas, Daniel also specialises in sports law. His clients include the FA Premier League and the Football League and he has appeared for a large number of well-known footballers and boxers.

Daniel won the Chambers UK insolvency / restructuring junior barrister of the year award in October 2012 (and was shortlisted in 2009 and in 2013). In the most recent Chambers and Partners Bar Guide, Daniel is ranked in Restructuring / Insolvency (as a star individual); Banking & Finance; Chancery: Commercial; and Sport. He is also ranked in the Legal 500 guide in Insolvency; Banking and Finance; Commercial Litigation; Company; and Sport. Daniel has been referred to as “undoubtedly one of the finest juniors in the market” and “fiendishly clever”. “He is a pleasure to deal with as he's clever, hard-working, responsive and commercial.” Daniel was recently listed in the first ever Chambers Bar 100.

 

AREAS OF PRACTICE

Insolvency and Restructuring

Cases include:

  • Lehman Brothers
    • The Waterfall Application – Re  Lehman Brothers International (Europe) & Ors [2014] EWHC 704 (Ch)
    • The Pensions case – Re the Nortel Companies and Re the Lehman Companies [2013] 3 WLR 504 (SC)
    • The Scheme preliminary issue – Re Lehman Brothers International (Europe) [2010] 1 BCLC 496 (CA)
    • Two applications pursuant to which counterparties sought to lift the statutory stay on proceedings – Re Lehman Brothers International (Europe): Four Private Investment Funds v Lomas  [2009] 1 BCLC 161 and RAB Capital  v Lomas  [2008] BCC 915
    • An application to extend time for appealing against the rejection of a proof – Contrarian Funds LLC v Lomas [2014] EWHC 1687 (Ch)
    • (See further cases below under Banking & Finance
  • MF Global
    • Advising and acting for the administrators of MF Global UK in the first special administration under The Investment Bank Special Administration Regulations 2011
    • Appearing for the administrators on numerous applications including seeking:
      • The Court’s permission to enter into a settlement agreement between the general estate and the Client Money Pool – Re MF Global UK Limited [2014] EWHC 2222 (Ch)
      • The approval of a client asset distribution plan (the first ever)
      • The determination of which of MF Global UK  and MF Global  was the Defaulting Party under a Global Master Repurchase Agreement – Heis v MF Global Inc.  [2012] EWHC 3068 (Ch)
  • Pillar Denton Ltd v Jervis [2014] EWCA (Civ) 180, the recent Court of Appeal decision dealing with when rent will be payable as an administration expense
  • Re Magyar Telecom BV [2013] EWHC 3800 (Ch), acting for the scheme company, the finance company from a Hungarian telecommunications group, to refinance its obligations under New York law governed notes
  • HMRC v The Football League [2012] Bus LR 1539, defending the FA Premier League and the Football League against HMRC’s challenge to the so-called Football Creditors Rule
  • Belmont Park Investments PTY v BNY Corporate Trustee Services [2012] 1 AC 383 (SC), appearing for the FA Premier League (which intervened before the Supreme Court) in the leading case on the “anti-deprivation rule”
  • BNY Corporate Trustee Services v Eurosail-UK 2007-3BL [2011] 1 WLR 2524 (CA), acting for the A2 Noteholders in the Eurosail litigation
  • Re Stanford International Bank [2010] 3 WLR 941 (CA), acting for the Antiguan liquidators of Stanford International Bank in their recognition proceedings (under the Cross Border Insolvency Regulations 2006) and proceedings relating to a restraint order made against the bank under the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005
  • Re Sigma Finance Corporation [2009] UKSC 2 (SC), acting for Interested Party C
  • Re Cheyne Finance [2008] 2 All ER 987, acting for Interested Party D

Other reported cases:

  • Prudential Assurance Co  v PRG Powerhouse [2008] 1 BCLC 289
  • Re Sovereign Marine & General Insurance Company [2007] 1 BCLC 228
  • Re DAP Holding NV [2006] BCC 48
  • Re The British Aviation Insurance Company [2006] BCC 14
  • Re T&N [2006] 1 WLR 1728
  • Re British American Racing (Holdings) [2005] 2 BCLC 234
  • Thornhill v Atherton [2005] BPIR 437 (CA)
  • Silven Properties v Royal Bank of Scotland [2004] 1 WLR 997 (CA)

Banking and Finance

Cases include:

  • Lehman Brothers
    • Lehman Brothers Finance SA v Sal Oppenheim Jr. & Cie, KGaA (judgment awaited from Burton J. (Commercial Court)), a dispute as to the sum due from the Non-defaulting Party following the Automatic Early Termination of a 1992 ISDA Master Agreement
    • Re Lehman Brothers International (Europe) [2012] EWHC 2997 (Ch), the Extended Liens litigation
    • Pearson v Lehman Brothers Finance SA [2012] 2 BCLC 151, the RASCALS litigation
    • Lomas v JFB Firth Rixson [2012] Lloyd’s Rep 548, the ISDA Section 2(a)(iii) application
    • Lomas v RAB Market Cycles [2009] EWHC 2545 (Ch), the Charge IPBA clause 5.2 application
  • MF Global
    • Advising and acting for the administrators of MF Global UK in the first special administration under The Investment Bank Special Administration Regulations 2011
    • Appearing for the administrators on numerous applications including
      • The approval of a client asset distribution plan (the first ever)
      • The determination of which of MF Global UK and MF Global was the Defaulting Party under a Global Master Repurchase Agreement: Heis v MF Global  [2012] EWHC 3068 (Ch)

Sport

Cases include:

  • Acted for the FA Premier League in defending a claim (brought by way of a Football Association Rule K arbitration) made against it by Leyton Orient FC claiming that the PL’s consent to West Ham United FC moving to the Olympic Stadium was unlawful and should be quashed
  • Defending the FA Premier League and the Football League against HMRC’s challenge to the so-called Football Creditors Rule: HMRC v The Football League [2012] Bus LR 1539
  • Acting for the Premier League in relation to an arbitration brought against it by a former manager of a former Premier League club who contended that he was entitled to be paid by the Premier League as a “Football Creditor” of that club
  • Advising Sunderland AFC in relation to a compensation claim brought by the club against Manchester United FC following the signing by United of the former Sunderland forward, David Bellion
  • Acting for Arsenal FC, 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
  • Representing Patrick Vieira (twice), Martin Keown and Thierry Henry before FA Disciplinary Commissions on earlier charges of violent and/or improper conduct
  • Representing Arsène Wenger on his appeal (before the Football Association Appeal Board) against a decision of an FA Disciplinary Commission to ban Arsene Wenger from the touchline for 12 games

AWARDS AND RECOMMENDATIONS

Chambers & Partners 2014 London (Bar), Restructuring/Insolvency (Star Individuals)
“Undoubtedly one of the finest juniors in the market, he is praised for his commercial approach as well as his technical abilities and solid advocacy skills”
“He is particularly adept at representing administrators in big-ticket insolvency cases”
"One of the leading insolvency juniors at the Bar." "Commercial, to the point and technically strong." "He gives refreshingly clear advice"
London (Bar), Chancery: Commercial (Band 1)
“A committed business and finance barrister whose chancery practice has a pronounced focus on restructuring and insolvency matters. He has had long-standing involvement in the Lehman Brothers litigation”
"Fiendishly clever." "He is a pleasure to deal with as he's clever, hard-working, responsive and commercial"
London (Bar), Sport (Band 2)
“Has experience in representing football clubs and individuals in disciplinary cases, and is very strong on insolvency and other finance-related cases to do with football, cricket and other sports”
"He is a very clear thinker, who is legally very strong, and also energetic and robust. He's exactly the type of junior you want as he devotes time and energy to a case"
London (Bar), Banking & Finance (Band 3)
“Held in high esteem for his excellent technical and practical advice, Bayfield has specialist knowledge in business and finance law and is acclaimed for his expertise in complex insolvency litigation”
"He provides excellent analysis of the detail, and is reliable and pragmatic." "He is technically precise in his advice and demonstrates massive energy and commitment to the case"

CAREER

2016 Appointed Queen’s Counsel
1998 Called to the Bar of England and Wales

PUBLICATIONS

Contributor to The Law of Receivers and Administrators of Companies (Lightman and Moss, Sweet and Maxwell)
Contributor to The EC Regulation on Insolvency Proceedings (Moss, Isaacs and Fletcher, OUP)

EDUCATION AND QUALIFICATIONS

1994/7 Magdalene College, Cambridge University, MA Law

PRIZES AND SCHOLARSHIPS

Major Scholarship (Inner Temple)
Duke of Edinburgh Award (Inner Temple)  

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