DANIEL RAATH

Partner

DANIEL

RAATH

Partner

Overview

Daniel was admitted as an attorney in 2012. He has been a Partner at Van Hulsteyns since 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 represents one of South Africa’s largest banks in more than four hundred defended actions and applications. 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. He has further advised on a merger concerning a prominent South African biotechnology company as well as a multi-million dollar investment by an offshore company in a Singaporean biotechnology company.

Qualifications and Professional Memberships

  • Bachelor of Laws (LLB), University of Johannesburg
  • Master of Laws (LLM), University of the Witwatersrand
  • Member of the Law Society of South Africa, the Law Society of England and Wales and the International Bar Association

Awards and Achievements

  • Part of the Van Hulsteyns’ litigation team which received Standard Bank’s annual Credit, Rehabilitation and Recoveries Top Performer Award, in the field of Specialised Litigation, for both 2016 and 2017;
  • Presented seminars in 2016, 2017, 2018 and 2019 for Standard Bank on evolving case law and statute in the field of credit law and commercial lease agreements
  • Admitted as a Solicitor of the Senior Courts of England and Wales on 16 July 2018.
  • Gained admission to the first intake of IE Law School’s Master in Legal Tech program, commencing in March 2019 (involving three residential periods in Spain, the US and Israel for a total of five weeks in 2019).
  • 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.

Notable Cases

  • Nedbank Limited and Others v The National Credit Regulator and Another [2011] 4 All SA 131 (SCA)
  • 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
  • Commercial arbitration before retired SCA Judges Howie, Hurt and Nienaber – [2014] Hemispherx Biopharma v JCI Limited and others
  • Commercial arbitration before retired SCA Judge FR Malan – [2014] Randgold & Exploration Company Limited v PricewaterhouseCoopers Inc
  • Commercial arbitration before retired SCA Judges Howie, Hurt and Nienaber – [2015] Randgold & Exploration v Charles Orbach & Company
  • Smyth and Others v Investec Bank Ltd and Another 2018 (1) SA 494 (SCA)
  • Hlongwane v The Standard Bank of South Africa Limited (Reported full bench appeal – A5009/2017)

Contact Details

daniel@vhlaw.co.za
+27 11 523 5300

CONTACT DANIEL