Mr Darren Martinez > Hassans > Gibraltar, Gibraltar > Lawyer Profile

Mr Darren Martinez

+35020079000 andrew.montegriffo@hassans.gi

Work Department

Litigation

Position

Darren joined Hassans in October 2011 and was made Partner in the firm’s litigation department on 1st July 2021.

Darren has a busy and varied practice across most of the department’s practice areas with a particular focus on commercial, insolvency, construction and crypto-currency/distributed technology ledger law. He appears regularly in the Supreme Court of Gibraltar. He has also appeared (as a junior) in the Court of Appeal for Gibraltar. Darren has experience appearing before statutory boards and tribunals, including the Development and Planning Commission, the Parole Board and the Business Licensing Authority where he acts for both applicants and objectors.

Darren was listed as a “Rising Star” in the Dispute Resolution category in the 2020 edition of the Legal 500.

Areas of practice

Corporate/Commercial & Insolvency

Darren is developing a broad practice in commercial and insolvency matters. He also has experience making various types of applications under the Companies Act 2014 and Insolvency Act 2011.

Recent instructions include:

• Acting for a Danish insurance company in a claim against a Gibraltar based agent. The client sought and was granted a freezing injunction.
• Acting for a liquidator (led by Daniel Feetham QC) in claims against ex-directors for breach of fiduciary duty.
• Instructed by a company which invested in a Gibraltar Protected Cell Company in the first case in Gibraltar involving the administration of a Gibraltar protected cell company under the Protected Cell Companies Act.
• Instructed by an online gaming company in a claim against a developer of payment gateway services in relation to a claim for breach of contract / negligence.
• Advising a Gibraltar Company in relation to a cross-border merger pursuant to the Gibraltar Companies (Cross-Border Mergers) Regulations 2010.
• Acting for an insurance company which was placed into Administration by the Supreme Court of Gibraltar.
• Acting for an online gaming company facing a negligence claim frim a gambler.

Regulatory

Darren has acted (with Daniel Feetham QC) for regulated entities in various disputes where the local Financial Services Regulator, the Gibraltar Financial Services Commission, has exercised its powers under the Solvency II Directive, the Financial Services (Insurance Companies) Act 1987 and the Financial Services (Information Gathering and Co-operation) Act 2013. These cases have often dealt with important issues for Gibraltar’s Finance Centre and have been widely reported on by local media. Recently, Darren has been instructed (with Daniel Feetham QC) by the Gibraltar Financial Services Commission in a matter involving a local insurance company.

Darren (again with Daniel Feetham QC) has also recently acted for the Financial Services Commission in first case which was referred to the Financial Services Commission Decision Making Committee.

Crypto-Currency, Distributed Ledger Technology

Darren has a developing practice dealing with crypto-currency and DLT litigation work. Darren has advised clients following the loss in investment funds due to alleged leakage of coins, contrary to the vesting schedule. Questions include the legal status of a White Paper and issues surrounding the late amendment to vesting schedules prior to the Initial Coin Offering.

Construction

Darren has been involved in a number of construction cases acting for both developers and contractors, including:

• Acting for a local construction company in relation to a dispute with a Developer in a large residential housing project in Gibraltar’s old town area. (https://www.chronicle.gi)
• Acting for a Developer in a case before the Supreme Court of Gibraltar to determine the enforceability of an adjudication clause in an amended JCT construction contract. (http://www.gcs.gov.gi)
• Currently advising a Developer of a boutique hotel in relation to a claim brought by the contractor.
• Advising a developer of a multi-story mixed-use development measuring approximately 1,250 square metres on landlord and tenant matters.

Darren also has experience appearing before the Development and Planning Commission, the decision-making statutory body which considers applications for planning permission in Gibraltar.

Darren was appointed as a member of the Development Appeals Tribunal by the Chief Minister of Gibraltar. The Development Appeals tribunal is the appeal body tasked with determining appeals of decisions of the Development and Planning Commission.

 Recent Judgments (2019/2020)

• Reclaim Limited v (1) Law Abogados Patrimonial SL and (2) Luis Garcia Fernandez: https://www.gcs.gov.gi
• Nicholas Cruz v (1) Samantha Barrass (2) Peter Taylor and (3) Gibraltar Financial Services Regulation: https://www.gcs.gov.gi
• The Queen on the application of Daniel Cassaglia v The Employment Tribunal: https://www.gcs.gov.gi
• Gefion Insurance A/S v Pukka Insure Limited:

http://www.gcs.gov.gi

http://www.gcs.gov.gi

Career

• Call to the Bar (England and Wales) – 2011
• Call to the Bar (Gibraltar) – 2012
• Council Member of the Gibraltar Bar Council – 2016 – 2018
• Secretary of the Gibraltar Middle Temple Society – 2016 to date
• Member of the Development Appeals Tribunal – 2019 to date

Education

• University of Leeds, LLB – 2007 – 2010
• BPP Law School Leeds, Bar Practitioner’s Training Couse – 2010 – 2011