Summary

 

Diego has a wide-ranging practice in international and domestic commercial law, as well as other areas of civil practice, including defamation, professional negligence, human rights law and chancery, litigating in both domestic courts and tribunals.

 

He has been instructed in a wide variety of commercial disputes including insurance and cross border credit transfers (particularly in respect of breach of contract, misrepresentation and POCA 2002 confiscation), sale of goods, general common law and other duties instructed by solicitors and under the Direct Public Access rules.

 

His practice includes both advisory work and litigation and he appears in cases in the Commercial Court, Queen’s Bench Division and Chancery Division. In addition, he has appeared before both the Immigration Appeals Tribunal and Employment Tribunals.

 

His litigation experience extends beyond domestic cases and he is accustomed to working with foreign lawyers, particularly Latin American attorneys and legal attachés of the Latin American Embassies in London. He is instructed both, directly and also in conjunction with the legal attachés.

Associations

 

Bar Council Disability Committee

Administrative Law Bar Association (ALBA)

Public Access Bar Association (PABA)

2010 - present

2010 - present

Practice Areas

 

Commercial

 

Human Rights

 

Defamation

 

Civil/Common Law

 

Skills & Interest

 

Listening to and collecting, original Salsa vinyl LPs, Cinema, Reading, Visiting Museums and Galleries, Debating contemporary issues.

Education

 

University, College - Postgraduate Studies - London School of Economics and Political Science (LSE) 2006 – 2008 - LL.M (International Business Law)

 

Postgraduate School - Professional Qualification - The Inns of Court School of Law (ICSL) 1999 – 2000 - Postgraduate Diploma in Laws (BVC)

 

University, College - Undergraduate Studies - London School of Economics and Political Science (LSE) 1996 – 1999 - LL.B (Hons.)

Privacy Policy

 

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Notable Cases

 

Raymond Russell Bewry -v- (1) Reed Elsevier UK Ltd (t/a LexisNexis) & (2) Reed Business Information Ltd (t/a Community Care Inform) [2013] EWHC 3182 (QB) High Court in London (QBD):

 

An application to extend the time limit as per s.32A Limitation Act 1980 was granted in a defamation case where the claimant had been unaware of the publication of an allegedly defamatory case report for one year and thereafter had entered into negotiations for the publication of an amended report and correction. It had been reasonable for the claimant to seek to negotiate a settlement rather than to commence proceedings. However, HHJ Moloney QC’s decision (sitting as a High Court Judge) for the claimant was overturned by the Court of Appeal in Bewry v Reed Elsevier UK Ltd (trading as LexisNexis) and another - [2014] All ER (D) 361 (Oct); finding that despite the learned judge’s extensive experience in defamation law, he had been wrong in his exercise of discretion when he failed to take enough account in his reasoning of the claimant’s lack of explanation for his delay in issuing the claim.

 

 

Domingo Diosnel Penayo-Vaida -v- (1) Iraci Romao de Oliveira (2) WIT Money Services Express Ltd (3) Intertransfers Inc [2012] EWHC 410 (Comm), LTL 3/2/2012 Commercial Court:

 

Multi-jurisdictional claim (by the Managing Director of a Paraguayan registered company), arising from the breach of a Debt Compromise Agreement (signed in London), with a personal guarantee from D1 a Director of D3 the parent company (registered in Miami Fl. USA) of D2 (registered in the UK).

 

 

Pita-Ponte -v- (1) Plant (2) Hygiene Audit (2023) Ltd (3) Hygiene Audit Ltd (Claim No: HC11C03288) Chancery Division:

 

Multi-jurisdictional claim (by the Spanish domiciled former Director of D3) against D1 and D2, both UK domiciled; for breach of the Memorandum and Articles of Association as per ss. 388(1)(b), 580, 993 and 994(1) of the Companies Act 2006 and fraudulent misrepresentation as per ss.2, 4, 9, 10 and 12 Fraud Act 2006.

 

 

Da Silva & 4 Ors. v Air Compluto S.A. (t/a Skydive Lillo) & 2 Ors. (Claim No: HQ10X02016) High Court in London (QBD):

 

Multi-jurisdictional claim under ss. 1 and 1A Fatal Accidents Act 1976 and s.1(1) Law Reform (Miscellaneous Provisions) Act 1934, arising from a skydiving fatal accident in Spain. The multi-jurisdictional issues arose from: (1) the victim being a Brazilian born UK national (domiciled in the UK) with; (2) a Russian national wife (domiciled in the UK); and, (3) 4 family dependents Brazilian nationals (domiciled in Brazil). The action centered around the multinational Defendants’ challenges against jurisdiction and service; and the true construction of Articles 5(5) Lugano Convention; 5(2) and 5(4)(b) Rome Convention; and, 15(1)(c) and 16(1) Brussels I Regulation.

 

 

Cambios y Capitales SA. v (1) Mundo Net Int. Ltd. (2) Juan C. Garcia (3) BYG Telecom. Ltd. (4) Barclay’s Bank Plc (5) Access Self-Storage Ltd (Claim No: 4CL04442) Commercial Court:

 

Multi-jurisdictional claim arising from the breach of a cross-border credit transfer agreement and a Director’s personal guarantee. The claim required: (1) the global tracing and seizing of assets, notwithstanding the Defendants’ attempts to hide behind the corporate veil; (2) multiple party worldwide freezing injunctions; and, (3) Orders for third party disclosure against various multinational banks.

 

 

Schenker Limited v The Sewing Machine Company Limited (Claim No: 6GG00983) London Merchantile Court: Multi-jurisdictional claim and counterclaim arising from a dispute over the terms of a C.I.F Hong Kong Sea Waybill and the losses resulting from the damage to industrial machinery during carriage.