John Restano
Called to the Bar: 1994
Partner Hassans: 2000
Mediator: 2003
Main areas of practice: Commercial Litigation, Shipping Litigation, Public and Administrative Law and Human Rights.
Gibraltar's legal system being fused, John acts both as Counsel as well as solicitor.
Commercial
John's workload includes commercial disputes (usually with an international angle), interim relief applications, asset tracing, financial services, professional negligence, insolvency, trusts and banking litigation. Recent cases in which John has been involved include:
* Acting for Credit Agricole Bank (formerly Calyon) in relation to proceedings before the Privy Council (Michailidis v Calyon [2009] UKPC34) where it was held that a decision of a foreign court on an issue of direct relevance to Gibraltar proceedings against a party who was not a party to the Greek proceedings had no evidential value and that it was not an abuse of process to re-litigate the issue.
* Acting for trustees in a high-value international trusts dispute before the Gibraltar Supreme Court.
* Acting for and against banks and financial services providers on a range of banking/financial services issues claims.
* Acting in complex insolvency proceedings including acting for the joint provisional liquidators of the first insurance company to be the subject of winding up petition in Gibraltar.
Shipping
John often acts for mortgagee banks and other creditors in relation to admiralty claims. As well as applying for the usual order for sale by "auction", John has on various occasions secured "fast track" sales of a vessel shortly after arrest.
Administrative Law and Human Rights
John has acted for Claimants and Respondents in a number of Judicial Review claims involving a broad range of Administrative/Human Rights/EC law issues. Recently, John acted for the Claimant in Rodriquez v Minister for Housing [2009] UKPC52 where the Privy Council recognised that to equate same-sex couples with opposite-sex couples is indirectly discriminatory in circumstances where, as is the case in Gibraltar, the law does not permit them to enter into a civil partnership or equivalent.
As part of his administrative law/Human Rights practice, John undertakes pro bono and legal aid work and acts for various NGOs. John is an advisor to the board of INSAN (www.insanintl.com).
Mediation
Since qualifiying as a mediator in 2003, John has been involved in a number of mediations acting for either parties or as mediator. John enjoys a high success rate in relation to disputes in which he has been appointed as mediator.
What the directories say:
* Chambers and Partners 2010 "The 'very organised and thorough' John Restano dedicates much of his time to maritime and commercial disputes as well as human rights litigation".
* Legal 500 2010 lists John Restano as the firm's main shipping contact, with experience in the arrest and sale of vessels for mortgagee banks.
* Chambers and Partners 2009 "John Restano enjoys a fine reputation for his contentious work in shipping, and clients commend him as thorough and confident"
* Legal 500 2009 "John Restano has a great level of experience and majors in commercial litigation and shipping disputes"
* Listed as an expert in the fields of Dispute Resolution and Maritime and Transport in European Legal Experts 2009 (Legal Business)
Recent Publications
Evidential Value of Judgment Against Non-Party - The Commonwealth Lawyer December 2009 (Vol. 18. No. 3)
Removal of the Rock's Chief Justice [2010] P.L.253
Privy Council Makes Further Stride in Discrimination Law [2010] JR 153.
John is editor of the Hassans Litigation Newsletter.
Professional Memberships
Gibraltar Bar Council
Alba
The Middle Temple
