Magomedov v TPG Group: Important clarification of the “good arguable case” test in freezing injunctions
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Chambers & Partners
“Absolutely outstanding: he is the complete counsel”
Daniel Saoul KC has a commercial practice encompassing business disputes, civil fraud, sports law and public law.
He is described as “the complete counsel“, as an “outstanding advocate” who “commands the court“, and as being “excellent strategically” and “exceptionally good to work with“. He is also described as “a first class arbitration advocate” with “a brilliant intellect” and “thoroughly commercial instincts“.
The legal directories rank him as a leading silk in eight areas: commercial dispute resolution, civil fraud, banking & finance, international arbitration, professional negligence, offshore disputes, sports law and costs litigation. He is currently nominated for Sport Silk of the Year at the 2024 Legal 500 Bar Awards. Prior to taking silk he was also a member of the Attorney General’s Panel of Counsel, and he continues to advise UK Government departments and agencies on sensitive and complex legal matters.
His commercial practice is wide-ranging, spanning the full spectrum of corporate, civil fraud, banking and finance and professional negligence disputes, and he also has substantial experience of group actions in these fields. His sports law practice is equally broad and includes financial fair play, anti-doping, governance, disciplinary issues, selection, player/agent disputes and other commercial matters arising in a sports context. He is also instructed on cases involving public and regulatory law, often connected to his other areas of practice. The breadth of his expertise makes him an ideal choice for cases in emerging areas and he has significant experience in ESG related litigation as well as disputes relating to digital assets.
His work is frequently international in nature and includes an extensive international arbitration practice as well as instructions in relation to litigation in overseas jurisdictions, in particular offshore. In addition, the cases in which he is instructed often involve allegations of dishonesty or other intentional wrongdoing and he has been instructed in some of the biggest commercial fraud cases to come before the English Courts in recent years.
He is also an expert in the law relating to solicitors’ costs, typically acting in matters connected with substantial commercial litigation.
He has appeared in leading cases across all of his areas of expertise, both at trial and appellate level, including as advocate in the Supreme Court in the UK and before the Court of Arbitration for Sport. He is a highly experienced cross-examiner and also has substantial experience of heavyweight and often urgent applications, having acted in a number of legally ground-breaking cases relating to freezing and other injunctive relief as well as committal for contempt of Court.
Recent comments from Chambers & Partners, Legal 500 and Who’s Who Legal include:
Dan is called to the Bar of the BVI, and has been called to the Bar of the Cayman Islands and the Bar of Anguilla for particular cases.
He has served on the Executive Committee of both the Commercial Bar Association (COMBAR) and the British Association for Sport and Law (BASL).
More information about Dan’s specific areas of practice is set out below.
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“Impeccable judgement, both in his advice and advocacy. He is definitely one of the best silks to have on a team for complex commercial litigation – really easy to work with and a fantastic team player.” – Legal 500, 2024
“Daniel Saoul is excellent with clients and a great strategic thinker.” “Dan deals with things in a really calm manner and can make complex concepts simple.” “He is a very smooth and unflappable advocate.” – Chambers & Partners, 2024
“Quality advocate and also excellent on drafting and in dealing with clients.”– Legal 500
“Dan is one of the best silks to work with; he combines sound commercial awareness with excellent legal skills.” “He is a persuasive advocate, with strong drafting skills.” – Chambers & Partners
“He has a real understanding of what the client needs and is very strategic.” – Chambers & Partners
“Commercially minded, forensic and eloquent, this barrister is our first recommendation in any matter of substance.” – Legal 500
“He has a real courtroom presence, is really incisive and has a great rapport with judges.” – Chambers & Partners
Commercial litigation forms the core of Dan’s practice. He is ranked by the directories as a leading silk in this area.
Dan’s commercial practice is a broad one: it encompasses all types of business and corporate disputes across a variety of industry sectors, including banking and financial services, retail, consumer goods, manufacturing, commodities and energy amongst others.
Dan deals with the full range of commercial legal issues, including contractual matters, commercial fraud, shareholder and partnership disputes, allegations of negligence, breach of directors’ duties and breach of trust, and corporate insolvency. His work often has an international element to it, and he has significant experience of advising on substantive and procedural conflicts of law issues and is comfortable engaging with foreign law.
He is also regularly instructed to deal with time critical or complex interim applications, such as freezing injunctions (including against third parties), search and seizure orders, anti-suit injunctions and Norwich Pharmacal orders.
Featured Commercial Litigation cases
“Dan is a class act. He combines excellent client skills and manner, with a giant intellect and ability to drive through his advocacy to obtain the right result.” “He has very mature judgement and a likeable advocacy style.” “Daniel is the ideal leader. He has real commerciality and decisiveness.” – Chambers & Partners, 2024
“Dan is a savvy, commercially minded silk willing to think around problems that leave others stumped. His written work is a joy, transforming even the most turgid application into a compelling page-turner.” – Legal 500
“Daniel is a class act. He is very easy to work with and excellent in case strategy and management.” “Daniel gives highly strategic, highly commercial advice. He always has at least one novel or interesting perspective on any problem.” “He is an excellent, unflappable advocate.” – Chambers & Partners
“He’s excellent to work with, very approachable, responsive and insightful. He always finds strategies or tactics and doesn’t hesitate to put forward ideas. He’s an effective advocate and has a very likeable manner.” “He’s very thoughtful and considered in his approach and takes a very pragmatic and commercial view.” – Chambers & Partners
“Dan is accessible and commercially astute. He is good at seeing things in the broader context whilst still focusing on the key issues. He is excellent in all respects – everything you want in a silk dealing with complex and high-value fraud matters.” – Legal 500
“A fabulous silk with great technical skills. He is also very detail-oriented.” “He does not shy away from the difficulties of a civil fraud matter and digests them with a lot of enthusiasm.” – Chambers & Partners
Dan is recognised as one of the leading civil fraud practitioners at the Bar.
He has acted in numerous cases involving allegations of dishonesty in a commercial context, including some of the largest cases in the High Court in recent years, as well as in large scale enforcement proceedings breaking new ground in areas the piercing of trusts and other similar structures.
His practice in this area is broad, ranging from alleged deceit in the procuring of commercial investments, large scale frauds by directors on corporate conglomerates, alleged dishonesty in the context of property deals, and alleged fraudulent wrongdoing by financial institutions, amongst other things.
He is familiar with the different ways in which such allegations can be articulated in law (including matters of accessory liability) as well as with the procedural tools, such as freezing injunctions, that can be deployed in support of them. He also has a keen eye for factual detail which is often crucial in cases of this nature.
Dan has very significant trial experience in fraud matters, in which his cross-examination skills have often been crucial in achieving the desired outcome for his clients. He has also been acted in cases which have developed the law in relation to freezing injunctions as well as committal for contempt of Court.
For further information regarding Dan’s civil fraud work, please contact the clerks.
“Daniel is great to work with; he is very commercial and tactically astute.” “Daniel is a superb silk with an excellent strategic mind, laser-sharp focus and incredible attention to detail.” “A really good and collaborative KC to work with – a hands-on person with excellent judgement.” – Chambers & Partners, 2024
“Dan is excellent – he is incredibly bright, very commercial and always brings a sense of calm and reassurance to the client and their team. Dan quickly digests information and his written work is excellent.” – Legal 500, 2024
Dan has a strong banking and finance practice and is ranked in Chambers & Partners in this area.
Described as “a superb silk with an excellent strategic mind, laser-sharp focus and incredible attention to detail”, he has first hand experience of the industry having spent time at two investment banks, in London and Paris, prior to qualifying as a lawyer, both on the trading floor as well as in the back office.
His work frequently involves a significant banking or finance element, including very substantial claims arising out of complex loan and guarantee arrangements (including in the context of sovereign finance issues), disputes relating to sophisticated financial instruments including swaps and other derivatives (including under ISDA agreements) and matters relating to hedge funds, private equity funds and other forms of investments.
His caseload also frequently involves cases arising in a banking or finance context and involving allegations of fraud or other wrongdoing.
For more details please contact the clerks.
“Dan is the complete package, and an absolute go-to barrister. He is persuasive and commands trust in the courtroom. He possesses the skill of focusing the court’s mind on the core issues. He is approachable and available, ensuring his instructing solicitors are immediately at ease. Without question, he is amongst the top.” – Legal 500, 2024
“Has a wonderful advocacy style – he is diligent in his preparation and a calming influence on a team.” – Legal 500
“Technically excellent and has an excellent feel for a case, he is exceptionally good to work with.” – Legal 500
Dan has significant experience of international arbitration in the context of both commercial disputes and sports matters. He is ranked by the directories as a leading practitioner in this area. He also accepts appointments to sit as arbitrator in disputes falling within his areas of practice.
His background makes him ideally suited to international arbitration: he was educated in the British, French and American systems, speaks fluent French and has worked in London, Paris and the Caribbean.
Where commercial arbitrations are concerned, he has been instructed as Counsel in a range of matters in the commodities, financial services, energy, insurance and construction sectors conducted under, variously, LCIA, ICC, ZCC and LME rules, as well as ad hoc arbitrations. Purely by way of example (and recognising the confidentiality which typically attaches to this area of work) this has included a dispute arising out of renewable energy technology in Continental Europe, a claim arising out of an alleged commodities fraud in Central Asia and a case arising out of broadcasting contracts in the Middle East.
He also regularly advises on the scope, validity and effect of arbitration clauses, on challenges to arbitral awards under the Arbitration Act 1996 and on enforcement under the New York Convention. He has also obtained High Court injunctions in support of arbitrations.
Where sports arbitrations are concerned, he is at the forefront of this field and has represented national governing bodies, athletes and other entities before independent arbitral tribunals in both the UK and overseas (including the Court of Arbitration for Sport). For more information on Dan’s sports law work, please click on the “Sports” link.
Dan also sits as arbitrator, in both commercial and sports matters, and is on the Panel of Arbitrators of Sport Resolutions, the UK’s leading sports dispute resolution body.
“Daniel has an incredible grasp of the law across a number of distinct fields. He is very measured and thoughtful and thinks hard about developing the right strategy for the client.” – Legal 500, 2024
“Daniel’s a very good, robust advocate.” “Daniel’s a very good silk – very smooth. He understands offshore work.” “Daniel’s fantastic; he’s always switched on. He really cares about his work and is really approachable.” – Chambers & Partners, 2024
“Incredibly flexible to work with and gets to the heart of a problem quickly while maintaining a collaborative approach.” – Legal 500
“User-friendly, great on detail, and very good on paper. ” – Legal 500
Dan’s practice is focused on commercial litigation and arbitration of all varieties, often with a cross-border / offshore element, and he is recognised by the directories as a legal silk in offshore disputes.
Dan is regularly instructed on matters proceeding in the BVI, Cayman and other offshore jurisdictions, as well as in onshore matters featuring offshore entities or corporate vehicles, or where litigation is proceeding both in an offshore jurisdiction and in England. He is an expert in the obtaining of injunctive relief in one jurisdiction in support of a main action elsewhere.
He also has significant experience of dealing with cross-border issues or foreign law relating to other, onshore, foreign jurisdictions, such as Switzerland, the USA, Russia and the CIS, the Middle East and North Africa, China, India and elsewhere.
For further information about Dan’s international work, please contact the clerks.
“He provides clear, commercial and pragmatic advice.” – Legal 500, 2024
“Fantastic. Daniel is commercial and pragmatic.” “Daniel has very strong communication skills and provides very good advice early on.” – Chambers & Partners, 2024
“Dan is extremely responsive, user friendly and hands on. For large matters with frequent correspondence and applications he is an extremely valuable member of the legal team. His input is always sensible, well thought out and helpful.” – Legal 500
“He is always clear and concise and clients really do warm to his style.” – Chambers & Partners
“He is delightful – a very responsive barrister and super easy to work with.” – Chambers & Partners
“He is accessible and brings a solutions-focused approach. He provides robust and sensible advice.” – Legal 500
“Always a standout for me for being the ultimate team player and a real value adder. You never feel you are not getting something worthwhile from him.”
– Chambers & Partners
In line with Chambers’ expertise, Dan’s practice encompasses the broad spectrum of professional liability work. He is recognised by the directories as a leading practitioner in this area and is particularly suited to professional negligence claims arising in a commercial or corporate context.
He has substantial experience of claims against lawyers, accountants, financial advisors and surveyors.
His background makes him highly suitable for prosecuting or defending claims against lawyers – both solicitors and barristers – where he can draw on his experience from both sides of the profession. Dan has been instructed on cases relating to mismanaged commercial litigation, allegedly negligent transactional advice (including in the context of mergers and acquisitions, pension schemes and overseas property transactions) and apparent conveyancing/mortgage fraud – including elaborate and high value frauds on institutions.
In relation to accountants, Dan has significant expertise in claims involving auditors and tax accountants and is well placed to engage with the complex regulatory regime that is in play (as well as the detailed factual issues that typically arise).
Dan is also strong where allegedly negligent financial advice is concerned – be it in the context of investments, mortgages or insurance. His City background and understanding of relevant products and instruments leaves him well equipped to prosecute and defend claims of this kind, whether relating to retail and consumer dealings or more sophisticated scenarios.
Finally, where surveyors are concerned Dan has significant experience of advising on claims relating to the valuation of properties. He understands the contributory negligence arguments that might be advanced by defendants in these cases, how to deal with them and how they might affect the commercial viability of a claim.
“Superb advocate, amazing on cross-examination. Superbly intelligent; a leader in the field of sports law.” – Legal 500, 2024
“A very strong advocate and excellent at cross examining witnesses.” – Legal 500
“A formidable force as an opponent, but an absolute delight to work with. His advice is sharp, to the point and concise.” – Legal 500
“With a strong commercial background, his approach to detail is exceptional.” – Chambers & Partners
“Daniel Saoul KC thinks of every angle and is across all the details. Daniel has a very strategic brain.” “Daniel Saoul KC is very good advocate. He is very good on the law and able to see the key point.” – Chambers & Partners
“A methodical tactician and excellent advocate. Thinks of every angle, and is very easy to work with.” – Legal 500
“He is an excellent advocate and a meticulous barrister.” “Dan is extremely knowledgeable and provides pragmatic solutions to the issues.” – Chambers & Partners
Dan is one of the leading sports lawyers at the Bar. The directories consistently recognise him as one of the foremost barristers in this field.
A former rowing cox, with honours at the Rowing World Cup, Commonwealth Rowing Championships and Henley Royal Regatta to his name, he has remained actively involved in the sport having subsequently been Secretary of Britain’s leading rowing club, Leander and also served on the Council of British Rowing, the national governing body of the sport in the United Kingdom. He therefore has first-hand experience as a competitor, coach and administrator of the kinds of legal issues that arise in sport.
Dan acts for sporting governing bodies, athletes, clubs and other entities in the full range of sports related matters, including relating to selection, doping, funding, governance, media concerns, disciplinary issues, sponsorship contracts, broadcasting deals and other commercial matters.
He is instructed in a wide range of sport-related disputes and also takes instructions in non-contentious matters, such as constitutional or transactional advice and drafting. He has appeared before domestic and international tribunals at all levels, including the National Anti-Doping Appeal Panel and the Court of Arbitration for Sport.
He also sits as arbitrator in sports matters, and is a member of Sport Resolutions’ Panel of Arbitrators.
Featured Sports cases
Dan has significant experience of advising on disciplinary and regulatory matters across a number of professional sectors, including banking and finance, accountancy and law amongst others. He is also a recognised expert in disciplinary cases arising in sport. Further details can be obtained from the clerks.
Dan has a strong interest in public and administrative law. Prior to taking silk, he was a member of the Attorney General’s Panel of Counsel (B Panel).
He regularly advises the UK Government as well as other clients on legal issues within this sphere, often but not always related to his other areas of expertise. His work for the Government has included complex corporate tax disputes, the obtaining of restraint orders in support of domestic and foreign criminal prosecutions, advising on the obtaining of unexplained wealth orders, as well as advising on other matters relating to the overlap between the State’s activities and the commercial world.
He is also an expert on constitutional issues, and has significant experience of advising parties including sporting national governing bodies, corporate entities and individuals this area, both inside and outside the framework of the Companies Act 2006.
He also frequently advises on challenges to the decisions of government departments or other entities, including regulators, subject to the principles of judicial review (or the equivalent private law jurisdiction).
“Daniel Saoul brings a really good selection of skills to a situation. He’s unflappable, charming, bright and widely experienced in costs – a particularly good combination of attributes.” “Daniel knows how to grab the attention of judges. His skilled advocacy ensures they listen to every word.” “He is always switched on and really approachable – you can sense that he really cares about his work.” – Chambers & Partners, 2024
“Daniel Saoul is across the details, thorough, and has got a very strategic brain.” – Chambers & Partners
“Daniel is very good at getting to grips with details quickly, is great on his feet and able to turn judges’ opinions around quickly.” – Chambers & Partners
“Daniel is a class act. He is very easy to work with and excellent in case strategy and management.” – Chambers & Partners
“Dan is one of the best silks to work with; he combines sound commercial awareness with excellent legal skills.” – Chambers & Partners
“Daniel Saoul KC thinks of every angle and is across all the details. Daniel has a very strategic brain.”– Chambers & Partners
“Daniel gives highly strategic, highly commercial advice. He always has at least one novel or interesting perspective on any problem.” – Chambers & Partners
“He is an excellent, unflappable advocate.” – Chambers & Partners
“A calming and reassuring influence, happy to roll up his sleeves and get stuck into the detail, whilst at the same time retaining a sense of the bigger picture.” – Legal 500
“He is inventive and forward thinking.” – Chambers & Partners
“Very good at considering tactics and how best to maximise prospects of recovery.” – Legal 500
“Very eloquent and one of the most composed advocates around.” “He is a go-to costs silk who will always fight your corner and tell you honestly if you’re facing an uphill battle. He’s confident but not arrogant.” “Daniel is good at client care and expert at identifying the tactical considerations in a case.”
– Chambers & Partners
Recognised for his strong costs practice, Dan is ranked as a leading barrister in this field by both Chambers & Partners and the Legal 500.
He is typically instructed in relation to high value or novel costs issues arising out of substantial commercial litigation. As a commercial practitioner he appreciates the implications of costs in wider litigation and also recognises the importance of costs law as a complex legal field in its own right. His background as a former solicitor leaves him well placed to understand the context in which costs are generated.
Featured Costs cases
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Before commencing practice Dan gained prize-winning first class degrees from the University of Edinburgh (incorporating a year at the University of California, Berkeley) and the University of Oxford, where he was elected to a scholarship. He also taught trusts law at the University of Southampton.
He is a member of COMBAR, CFLA, PNBA and BASL.
He speaks fluent French and has a working knowledge of Spanish.
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