Historic Information

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Legal directory endorsements

Damian Molyneux has advised on negligence and personal injury matters, as well as high-value insolvency claims.
Leading Partner

Legal 500 (2025 edition)

Damian Molyneux and Michael Mudge provide sound and practical advice
Leading Partner for Dispute Resolution

Legal 500 (2025 edition)

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)

Clients say that he "gives common-sense advice".

Chambers Europe (2011 edition)

approachable and dedicated to his clients.

Chambers (2011 edition)

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Articles and publications

Contributor to Isle of Man chapter of Enforcement of Foreign Judgements - 2025
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

Negligent Financial Advice:

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.

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.

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.

Commercial Litigation

Islamic Investment v Cains Advocates [9 August 2013]:

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.

JSC 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, Appeal.

EMEA Oil Limited v Petrodel Resources Limited (2010):

Application for the winding up of the defendant company. Whether counter claims raised were bona fide. Demonstration of solvency by the defendant company.

EMEA Oil Limited v Petrodel Resources Limited (2010):

Defendant company avoided an order for winding up by placing monies in its advocates' bank account subject to an undertaking that said monies could only be removed by agreement with the Claimant or by order of court. As a result of the undertaking the Claimant withdrew from the winding up proceedings and the Defendant sought to argue that the undertaking had served its purpose and that the court should order it discharged. It was found that the undertaking continued to operate in circumstances where the claimant company had commenced fresh proceedings for the recovery of the monies subject to the undertaking.

EMEA Oil Limited v Petrodel Resources Limited (2010): Contractual claim against an oil exploration company involving construction of contracts, employment, discovery issues, confidentiality and corporate governance. Damages awarded to the Claimant in full. Claimant made part 7 offer (akin to part 36 in England) which was beaten at trial. As a result of the offer costs were awarded to be assessed on the standard basis prior to expiry of the relevant period of the offer and thereafter on the indemnity basis. Interest on damages was awarded at the rate of 10% above base from the date of expiry of the relevant period prior to which it was applied at 4% per annum. Interest on costs was also awarded at the rate of 10% above base over the same period. In addition the court ordered an interim payment to be made to the Claimant on account of costs to be assessed.

Corkill and Corkill v Philip Walmsley and CWD Limited:

Building Contracts. The second defendant had contracted for certain building works for the Claimants. The company ceased trading and the first defendant (an employee of the second defendant) represented that he would finish the building works at no extra cost. Although the majority of the cost of the building works had been paid by the Claimants a small retention had been withheld on account of snagging and the court found this sufficient consideration to give effect to a contract between them and the first defendant.

Unreported:

Measure of damages under Harassment Act. Application to English Vento guidelines to IOM cases.

Acting for a government department following a third party disclosure application made against it by the defendant in criminal proceedings. Public interest immunity and ECHR issues involved.

Acting for large insurer in subrogated claim of building negligence. Negligent underpinning of property adjacent to development by the developer as a condition of planning permission. House unsafe. Measure of damages. Damages for stress and inconvenience.

Acting in winding up proceedings for custodians of a private investor fund following a failure of one of the underlying funds to redeem monies upon valid request.