Daniel Raath

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Daniel was admitted as an attorney in 2012. He was promoted to the position of Partner at Van Hulsteyns in March 2016.

The focus of Daniel’s practice is civil litigation, commercial drafting and legal advice in the fields of company and commercial law, corporate insolvency, asset recovery and banking and finance. The litigation which Daniel is involved in spans a broad array of matters, including some of the most complex legal disputes in the country.

Daniel is the attorney of record in more than two hundred defended actions and applications for one of South Africa’s largest banks. The nature of such matters include the setting aside of mortgage bonds, interdicts, asset recovery, liquidations, claims based on unjustified enrichment, large scale asset thefts, contractual misrepresentation, fraud, incapacity to contract, rescissions of judgement, securitised loan financing, immovable property rights, cross border litigation, reckless credit and the interpretation of trust deeds.

As part of Van Hulsteyns’ litigation team, Daniel is also engaged in the prosecution of a multi-billion Rand claim for damages arising from large scale share thefts perpetrated in the early 2000’s, a multi-billion Rand auditing liability claim, a multi-billion Rand minority oppression application, a high profile class action suit instituted against several large mining houses, and litigation arising from multi-million Rand business rescue proceedings.

Daniel has recently been engaged in the drafting of a comprehensive suite of agreements for both securities and immovable property based finance products developed by a major bank, as well as restructuring a multi-million Rand credit transaction arising from a preference share financing structure.

Some of the recent litigious matters which Daniel has been engaged in are:

  1. Nedbank Limited and Others v The National Credit Regulator and Another [2011] 4 All SA 131 (SCA)
  2. Allpay Consolidated Investment Holdings (Pty) Ltd and Others v Chief Executive Officer of the South African Social Security Agency and Others (CCT 48/13) [2013] ZACC 42
  3. Commercial arbitration before retired SCA Judges Howie, Hurt and Nienaber – [2014] Hemispherx Biopharma v JCI Limited and others
  4. Commercial arbitration before retired SCA Judge FR Malan – [2014] Randgold & Exploration Company Limited v PricewaterhouseCoopers Inc
  5. Commercial arbitration before retired SCA Judges Howie, Hurt and Nienaber – [2015] Randgold & Exploration v Charles Orbach & Company
  6. Smyth and Others v Investec Bank Limited and Another (674/2016) [2017] ZASCA 147
  7. Hlongwane v The Standard Bank of South Africa Limited (Reported full bench appeal – A5009/2017)

Daniel holds an LLB degree from the University of Johannesburg and an LLM degree from the University of the Witwatersrand, specialising in the field of commercial and business law. He also holds postgraduate certificates in environmental law and company law, obtained from the University of Johannesburg and the University of the Witwatersrand respectively.

Daniel has right of appearance in the High Court of South Africa, and appears regularly on behalf of clients in both the High Court and Magistrate’s Courts of South Africa.

Daniel was also admitted as a Solicitor of the Senior Courts of England and Wales on 16 July 2018.