Damian P Molyneux

Director

Damian P Molyneux

Damian P Molyneux

Director

Tel

+44 (0)1624 695800

Email

dpm@mplegal.im

General

1995

University of Teeside Bachelor of Law LL.B (Hons)

1996

Chester College of Law – Post Graduate Diploma in Legal Practice

2000

Chartered Insurance Institute – Certificate of Financial Planning

2007

Advocate Isle of Man

2017

Income Tax Commissioner (Arbitrating Income Tax Disputes)

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Memberships

Chairman of Young Lawyers Association 2007
Isle of Man Young Lawyers Association 2006


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Legal directory endorsements

Team head Damian Molyneux is also regularly instructed to defend doctors and dentists on behalf of professional insurer bodies.

Legal 500 (2024)

The 'professional, efficient but most of all personable' practice is headed by 'first class advocate' Damian Molyneux who specialises in complex liquidation as well as professional negligence and personal injury claims.

Legal 500 (2023)

"from start to finish he has been excellent. Very very highly recommended."

"[he] is the best, most supportive and sympathetic legal representative on the Isle of Man."

I can't recommend Damian Molyneux from M&P more highly. Very professional, ethical, honest, reliable and responsive in all matters. At all times he went the extra mile and we got the successful result we wanted."

Google Reviews by M&P Clients

"I like him. He's a safe pair of hands. We'd give him our conflict work."

"He is very thoughtful and knowledgeable."

Chambers Insight Report

'Specialises in defending claims brought against medical professionals or institutions both by direct instruction or via insurers.'

Legal 500 (2018 edition)

"very good at reassuring clients during difficult times - his calm character hides his determination and drive to ensure the best outcome for his clients"

Legal 500 - UK (2017 edition)

'Client focussed and commercially minded'

Legal 500 - UK (2016 edition)

a member of the firm's litigation practice and has experience in advising on financial sector and funds claims.

"Chambers Global (2013 edition)

The "very proactive" Damian Molyneux enjoys growing visibility in the market and is recognised as "an up-and-coming advocate".

"Chambers (2012 edition)

Ranked in the category of "Dispute Resolution" as being "very proactive" and recognised as "one of the up-and-coming advocates on the Island".

Chambers Europe (2012 edition)

Ranked in the category of "Associates to Watch".

Chambers Europe (2011 edition)

Historic legal directory endorsements


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Articles and publications

Brave New World - Enforcement of Judgments - May 2020
Desperate Times - Careful Measures - April 2020
Hello Pension, Goodbye Tension? - M&P Review 2019
Insolvency Issues - A Manx Perspective - M&P Review 2018
Cart Before The Horse - How to obtain early evidence in litigation - M&P Review 2018
Security For Costs - Second bites of the cherry - M&P Review 2018
International Law Office: Winding up of debtor companies - April 2010
Strike out on non pre-emptory order - May 2009
Non recovery of UK solicitor costs in IOM actions - February 2009
M&P Review: Cast off those bad debts in 2010 - December 2009
Strike out possible even where unless order - May 2009
Manx debt recovery: When, Where and How - November 2007
Published locally in press


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Significant cases

Liquidations (various)

Advises liquidators across an extensive range of insolvency issues and company liquidations.

Montpelier (Trust & Corporate) Services Limited

Public interest winding up subject to court supervision of large TSP/CSP
Efficacy of BSPA entered into pre liquidation and amended post appointment of a receiver manager
Cross jurisdictional tracing of assets
Fraud
Applications for delivery of property and to question persons with company property/information
Funding claims for third parties
Application to licence English counsel before the Manx Court
Data Protection
Insurance Issues
Competing debt interests
Disclaimer of onerous assets
Trust administration
Prohibitive injunctions
Regulator schedule 2 FSA 2008 powers (to question persons of interest/issue warrants)

Munin Navigation Company Limited v Petrodel Resources Limited
Winding up of oil exploration company, including identification of worldwide assets.

Petrodel v Petrodel Resources Limited (in liquidation)
Winding up of company involving worldwide assets and claims against it for assets allegedly held on trust (see below Prest v PRL). Issues involved formation of committee of inspection and waiver thereof; liquidator and advocate remuneration, assessment of costs of liquidation. Impact of English divorce proceedings (see Prest v Petrodel Resources Limited (in liquidation) below.

Prest v Petrodel Resources Limited (in liquidation):

A claim brought alleging all assets held on trust as a result of the order of the Supreme Court in the divorce case of Prest v Prest and Prest v Petrodel Resources Limited [2013] UKSC 34 on proceedings and issues re looking behind the corporate veil. [http://www.judgments.im/Content/J1397.htm]

In Prest v Prest the court found that PRL held certain properties on trust for the husband and that therefore they could form part of the matrimonial settlement, even though legal ownership was vested in the company. The husband then claimed as against the company alleging that all of its assets were held on trust for it. Judgment for the company after the claim was struck out.

The case also involved an application for Security for Costs as against the Claimant which was granted on the basis of the likely costs of the proceedings rather than by reference to the extra costs of enforcement. Decision upheld on appeal.

Commercial Litigation

MRP International & Otr v MacIver
Acting for the Defendant in a claim by a company, and one of its directors, against a former employee for breach of confidentiality clauses in an Employment contract by virtue of the Defendant's evidence given in connected proceedings. The director claimed based on being a party to the contract "by way of necessity" in that without him, the company could not act. Held:

HTC v Gautrey & Otr
Acting for the Defendant in an ongoing claim for breach of non-solicitation clauses.

Islamic Investment v Cains Advocates
An appeal division case dealing with contrastive trusteeship and alleged breach of English Freezing orders by payment from monies held on advocate's client account.

VTB Bank v Sabadash (various dates)
A claim for a Russian state owned bank involving a wide range of issues based on enforcement of a Russian Judgement and including Norwich Pharmacal application, World Wide Freezing Injunctions, Enforcement of Foreign Judgments, Appeals.

Unite the Union v GJF:

A claim to recover costs paid by indemnifying union in respect of negligent legal advice. Settled.

Unreported:

Opinion on rights of account holder to recover money from collapsed bank upon the bank going into liquidation and in circumstances where account holder had acted as guarantor in respect of a loan granted by the bank to a third party, there being dispute as to whether the guarantee was satisfied/lapsed.

FSC v Brunswick:

Acted for the FSC (the Isle of Man regulator for the financial services industry) in director disqualification proceedings following conviction for conspiracy to defraud, procuring breaches of contracts and knowingly assisting another party to breach its fiduciary duties. Various unreported mediated cases:

Acted for the local regulator on numerous occasions in respect of regulatory advice regarding the conduct of liquidators and directors including as to Officers disqualification proceedings.

Multiple instructions in respect of injunctions, debt recovery, liquidation advice, commercial contract proceedings etc.

Unreported Regulatory Work

Acted upon instruction of the local financial services regulator to provide advice and opinion on matters including:

  • Disqualification of directors
  • Actions of directors in context of assistance with liquidators
  • Removal of receiver/managers
  • Conduct of liquidators/removal/disqualification
  • Winding up of complex investment structures

Performing Right Society v Various

Involvement in action re: breach of copyright following unauthorised broadcast and use of materials at a music festival.

Negligent Financial Advice:

J v A Bank:

A claim for misrepresentation and negligent investment advice of a bank which had invested £1m for a client in an investment which had lost a significant amount of money. Successfully settled at mediation.

Beechwood (BIL v Another):

Claim for negligent advice involving analysis of what constitutes low risk investments, spread of investments (risk), causation and damages quantum. Successfully settled at mediation.

Turnstone (Trustee client v IFA):

Claim for negligent investment advice where a high risk investment had been in place prior to appointment of a new advisor who was retained to provide advice to the trust with a low risk outlook. Issues re existing investments and whether advice extended to same. Issues re quantum. Beddoes orders. Successfully settled at mediation.

Petition of Friends Provident Limited:

Insurance contracts and negligent investment advice. The policyholder of the petitioner had, upon advice of a third party financial advisor, effected a savings policy using qualifying funds from various pension policies. There was no suggestion of wrongdoing on the part of the policyholder. It was not possible to transfer benefits back to the originating schemes. The court ordered that benefits could be transferred to another qualifying scheme set up for the benefit of the policyholder.

Lalude v RL360

Preliminary point – whether life company could rely on Defence available under statute that it had obtained a valid discharge of liability in circumstances where it had made payments from a policy under a fraudulently gained grant of probate.

Significant Other:

Advised in a number of disputes involving provision of negligent investment advice, in respect of which previous 10 years' experience in the financial sector, including time spent as an Independent Financial Adviser, proved invaluable. Cases included:

  • Claims following advice to invest in guaranteed and/or protected funds; and
  • Claims in respect of experienced investor funds; and
  • Inappropriate fact find processes
  • Inappropriate categorisation of client risk profile resulting in unsuitable investments; and
  • Investment companies failure to spot pattern of IFA trading suggestive of churning resulting in losses to client; and
  • Failure of investment/life company to act on client instructions to remove ability of IFA to make trades on his behalf;
  • Liability of a life company to client following its encashment of a policy due to a fraud perpetrated by third parties (failure to follow own procedures/local regulations); and
  • Advice as to implantation and interpretation of local regulations governing financial services.

Medical Negligence:

Various claims acting for medical practitioners, GP’s and government departments in defending allegations of negligence including as to dental work, misdiagnosis, failure to treat properly, administration of medication.

Personal Injury

Specialism in fatal and non fatal motorcycle and cycle accident claims. Notable cases include:

A v B:

Personal injury motorcycle claim. Injuries resulting from m/c accident and secondary injury (as to which issues involving causation) resulting in spinal fusion operation. Damages and quantum in respect of middle aged man unable to continue in work. Quantum of circa £1.2m. Settled in JSM.

DC v Isle of Man Constabulary:

Motorcycle claim as a result of a collision with a stationary police car. Life changing injuries including loss of limbs. Damages and quantum for young man unable to continue work. Settled.

W v R:

Motorcycle death claim of middle aged man with multiple income streams and young family. Settled.

O v (a Government department):

Motorcycle death claim for an individual following collision with stationary traffic at roadworks. Liability issues in respect of visible signage for roadworks and speed limit. Settled.

Multiple Cycle and Motorcycle accident claims following road traffic collisions.

Other notable cases

Craig Linden Sims v DHSS:

Acted in the application to strike out the claim of the plaintiff on the basis of non-compliance with rules of court and a non pre-emptory order. Although the application was dismissed the court found, as argued, that failure to comply with an order of the court (whether or not pre-emptory) is capable of founding a successful strike out application.

Traditional Builders Ltd v Modena Lifestyles Ltd and Paul Mellor (2010):

An offer stated to be made under chapter 6 of Part 7 of the rules of court (akin to part 36 offers in England) must comply with the terms of rule 7.54 and if so will have the costs consequences set out in rule 7.61.

RPS Consultants Ltd v Hexagon Enterprises Ltd:

Rules of court as to the discretion of the court on the issue of costs act to limit the statutory discretion afforded per the High Court Act 1991. Costs awarded above fixed costs usually ordered only in circumstances where behaviour of the Defendant warranted it. It was also found that a contractual provision for payment of legal expenses of recovery of a debt does not override the discretion of the court but is a starting point for the exercise of that discretion.


Historic cases


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Languages

English