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Hassans

Hassans Overview PDF Hassans Overview PDF
57-63 LINE WALL ROAD, PO BOX 199, GIBRALTAR
Tel:
Work +350 2007 9000
Fax:
Fax +350 2007 1966
Email:
Web:
www.gibraltarlaw.com
Gibraltar, San Roque

John Restano QC

Tel:
Work +350 200 79000
Email:
Hassans

Work Department

Litigation, Shipping.

Position

John Restano QC became a Partner at Hassans in 2000 and is a member of the Firm's Litigation Team. His areas of practice include Commercial and Shipping Litigation, Public Law and Human Rights. 

John believes in the importance of high quality representation and advice for all regardless of their means, and is pleased to accept instructions from legally assisted clients. Where funding is not available, he will accept instructions on a pro bono basis if he is able to do so for both individuals and NGOs.

Career

Commercial & Shipping

John’s workload covers all areas of civil and commercial disputes (often with an international angle), interim relief applications, asset tracing, financial services, professional negligence, commercial Judicial Review and banking litigation.

Recent cases in which John has been involved include:

Papadimitriou v Credit Agricole Corporate and Investment Bank [2015] UKPC 13; [2015] 2 All ER 974 (test for constructive notice in relation to proprietary claim against bank).

Michailidis v Calyon [2009] UKPC34; [2010] 2 LRC 280 (effect of Greek judgment on non-parties in Gibraltar).

*  Acting for classical music stars Elina Garača and Karel Mark Chichon OBE in a commercial dispute.

*  Re: Valmore and Summit Trusts: acting for trustees in a US$500M dispute about the true beneficial ownership of Gibraltar trusts.

Following an explosion at the sullage plant of AIM-listed Nature Group at Gibraltar’s North Mole in 2011, John acted for Nature in a challenge by way of Judicial Review to the suspension of its port operator’s licence on Public Law/EU Law and Constitutional grounds. John has also recently acted for Nature in relation to a Health and Safety prosecution.

John has also acted for mortgagee banks and other creditors in relation to admiralty claims.

Public Law and Human Rights

John has acted for Claimants and Respondents in a number of Judicial Reviews/ Public Law claims involving a broad range of Public/Human Rights/EC law issues including:

*  Rodriguez v Minister for Housing [2009] UKPC52; (2009) 28 BHRC 189; [2010] 3 LRC 653 (Privy Council recognised that to equate same-sex couples with opposite-sex couples is indirectly discriminatory in circumstances where, as was previously the case in Gibraltar, the law did not permit them to enter into a civil partnership or equivalent).

*  R (on the application of Goretti Maria Rodrigues) v Director of Education [2010-12] Gib LR 21 (unconstitutionality of refusal to enrol for schooling minors who were non-EU over-stayers).
Chief Minister v Equality Rights Group: GGR and others (2011) 33 BHRC 149; [2010-12] Gib LR 32 & 178 (unconstitutionality of differential ages of consent for opposite-sex couples and same-sex couples).

*  R (on the application of Goretti Maria Rodrigues) v Marriage Registrar (2011) 33 BHRC 374; [2010-12] Gib LR 193 (on right to marry of overstayers)

*  Secretary of State for Defence v San Miguel Alvarado [2013] 5 LRC 410 (Supreme Court); (2013) 35 BHRC 428; [2013-15] Gib LR 280 (Court of Appeal) (clarified the law of Crown Immunity in Gibraltar as it applies to the Crown in right of the Government of the United Kingdom).

*  P v HM Attorney General for Gibraltar (2013) 35 BHRC 136; [2013-15] Gib LR 165 (unconstitutionality of provisions of the Adoption Act which excluded a same sex couple from jointly applying for adoption).

*  Dixon v Kingdom of Spain [2014] UKPC 38; [2014] All ER (D) 92 (protection of Gibraltar Constitution in EU extradition cases)

Mediation

Since qualifying with ADR as a mediator in 2003, John has been involved in a number of mediations acting for either parties or as mediator. John enjoys a high success rate in relation to disputes in which he has been appointed as mediator.

Languages

English and Spanish.

Member

John is also a Door Tenant at 3 Hare Court, Temple, London.

Publications

Evidential Value of Judgment Against Non-Party – The Commonwealth Lawyer December 2009 (Vol. 18. No. 3)

Removal of the Rock’s Chief Justice [2010] P.L.253

Privy Council Makes Further Stride in Discrimination Law [2010] JR 153.

Clarification by Privy Council of its powers under the Judicial Committee Act 1833 [2013] P.L.477

Justice So Requiring, The Emergence And Development Of A Legal System In Gibraltar (Calpe Press, 2012).

Education

John Restano was called to the bar in 1994 and was appointed Queen's Council in 2014.


Gibraltar

Dispute resolution

Within: Leading individuals

John Restano QC - Hassans

Within: Dispute resolution

Led by the ‘exceptional’ Lewis Baglietto QC, Hassans has a strong team of silks, including John Restano QC and David Dumas QC, who provide ‘excellent and accurate’ advice on high-profile and complex cases. Recent work includes appearing before the European Court of Justice concerning the application of a firearms directive; the team also represented Valla Yachts in a €15.3m dispute with German shipbuilder Nobiskrug. ‘Strong up-and-comer’ Anne Rose is recommended; Michele Walsh is noted for her ‘direct’ employment advice.

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Shipping

Within: Shipping

Hassans’ shipping practice is led by Lewis Baglietto QC. Yvonne Chu assists with marine finance transactions, while John Restano QC, Michele Walsh and newly made-up partner Anne Rose handle contentious matters, including dealing with high-profile ship arrests. The firm acts for Lombard Finance as well as for banks and UK law firms.

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Legal Developments by:
Hassans

Legal Developments in Gibraltar

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
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