Daniel has a busy practice specialising in most areas of chancery and commercial work both in England and in a number of off-shore jurisdictions. He has a particular interest in shareholder, partnership, and joint venture disputes, as well as property litigation, trust matters, and insolvency.

He has recent High Court trial and cross-examination experience having acted (as sole counsel) for the successful claimant in a 4 day trial in the Mercantile Court in London Executive Aviation v The Lily Partnership [2015] EWHC 1308 (Comm), a dispute concerning sums due under an aircraft management agreement. He recently completed a 4 day trial in the Chancery Division in which he acted for the defendant (also as sole counsel) in a dispute concerning the beneficial ownership of a company operating a business in the recycling sector in Hadfield v Cooke [2015] EWHC 3480 (Ch).

As well as trial advocacy, Daniel has substantial experience in dealing with applications raising complex legal and factual issues including jurisdiction and forum challenges, applications for injunctive relief, and summary judgment and strike-out applications.

Daniel is also happy to work as part of a team and he has been instructed as junior counsel in a number of high profile and high value disputes.

Some examples of Daniel’s recent work include:

  • Investec v Glenalla (on-going): Daniel acts (with David Brownbill QC) for the liquidators of four BVI companies in a long running dispute (presently before the Guernsey Court of Appeal) concerning a claim by the liquidators for more than £180m against the former trustees of a Jersey trust. The proceedings raise complex issues relating to the rights of trust creditors to enforce their claims against trustees and trust assets, conflicts of laws, and unjust enrichment.

  • Rawlinson & Hunter Trustees SA v Director of the Serious Fraud Office [2015] EWHC 266 (Comm): Daniel acted (with David Brownbill QC) for the successful respondent in resisting a heavy application in the Commercial Court for permission to make collateral use of disclosure documents pursuant to CPR 31.22.
  • Crociani v Crociani [2014] UKPC 40: Daniel appeared (with David Brownbill QC and Edward Cumming) for the appellants in the Privy Council in an appeal from the Jersey Court of Appeal concerning the construction of jurisdiction clauses in trusts and the effect of such clauses.
  • Newmarket Holdings v Confiance (on-going): Daniel acts (with Elspeth Talbot Rice QC) for the claimant in a multi-million pound property joint venture dispute in the Chancery Division.
  • Janus Capital Management v Safeguard World International [2016] EWHC 1355 (Ch): Daniel acted (with Francis Tregear QC Alexander Pelling) for the successful defendant payroll service provider in a multi-million pound claim in the Chancery Division in relation to alleged overpayments for currency exchange and payment services.  All of the claims were dismissed following an 11 day trial on liability in the Chancery Division.
  • Christofi v National Bank of Greece [2015] EWHC 986 (QB); [2015] 1 WLR 5405: Daniel acted for the appellant in the leading reported case on applications to extend time to appeal against the registration of a judgment under the Brussels I Regulation (Regulation (EC) 44/2001).  The Court of Appeal has granted permission to appeal.
  • Renova v Emmerson: Daniel acted (with Robert Levy QC) in a US$500 million joint venture dispute in the BVI Commercial Court concerning interests in Russian energy companies.
  • Catch a Ride v Gardner [2014] EWHC 1220 (Ch): Daniel acted for the respondents in relation to an application for an injunction and the appointment of a receiver in relation to a dispute concerning the management of a Limited Liability Partnership.
  • Re Euromaster Ltd [2012] EWHC 2356 (Ch); [2013] Bus LR 466: Daniel acted for the administrators of a company who had been defectively appointed out of Court, successfully obtaining a declaration that the administrators had been validly appointed. This is one of the leading reported cases on the consequences of a defect in the appointment of an administrator.
  • Re Care Matters Partnership Ltd [2011] EWHC 2543 (Ch); [2012] 2 BCLC 311: Daniel acted for the directors of a company who had defectively appointed an administrator. This is one of the leading cases on applications for the retrospective appointment of an administrator.

Unusually for one of his call, Daniel also has significant off-shore experience, having undertaken a secondment with a leading law firm in Guernsey. He also has substantial experience of litigation in Jersey, Isle of Man, BVI, Cayman, and the Dubai International Financial Centre (“DIFC”).

Daniel is one of only a small number of junior barristers called to the BVI bar so that his fees are recoverable as a disbursement following the decision of the BVI Court of Appeal Shrimpton v Scriven & Ors BVIHCMAP 2016/0031.

He also has particular expertise on procedural matters relating to the DIFC having drafted guidance for the DIFC Court’s e-filing automated response system which provides assistance on the procedural steps required in the course of DIFC proceedings in accordance with the Rules of the DIFC Court. Daniel was also instructed by the Registrar of the DIFC court to assist in the preparation of a paper setting out the DIFC court’s guidance on issues relating to the enforcement of DIFC judgments outside of the DIFC.

His particular experience can be seen by clicking on the areas of practice shown below.

Areas of experience

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  • Arbitration
    • Acting for the claimants in an LCIA arbitration relation to a joint venture with substantial investments in businesses in Russia and the former Soviet union.
    • Acting for the claimant in an ICC arbitration for the recovery of commission payments due under a consultancy agreement.
    • Advising as to whether a draft arbitration agreement fell within the scope of the Arbitration Act 1996.
    • Daniel has also given a talk (with Tom Montagu-Smith QC) on the res judicata effect of arbitration awards.
  • Aviation
    • London Executive Aviation v The Lily Partnership [2015] EWHC 1308 (Comm): Daniel acted (as sole counsel) for the successful claimant in a 4 day trial in the Mercantile Court for the recovery of sums due under an aircraft management agreement. The case raised issues of contractual construction and estoppel by representation.
    • Bank of Scotland v United Breweries (Holdings) Limited [2012] EWHC 134 (Comm): Daniel acted for the respondent to a summary judgment application in a multi-million pound claim for the recovery of sums due under aircraft leases.
    • Aercap Partners v Avia Asset Management [2010] EWHC 2431 (Comm); [2010] 2 CLC 578: 5 day trial in the Commercial Court (which Daniel attended as a pupil) concerning a dispute about sums due under and aricraft purchase and sale agreement. The case raised loss of a chance issues.
    • ACG Acquisition v Olympic Airlines SA [2010] EWHC 923 (Comm); [2010] 2 CLC 578: summary judgment in the Commercial Court (which Daniel attended as a pupil) concerning a dispute about whether rent was due under an aircraft lease agreement notwithstanding that the relevant aircraft was not airworthy.
    • Eagle Aircraft Leasing v Air France (settled 2010): a multi-million pound claim relating to contracts for the sale of several aircraft by Air France.
    • Daniel has particular experience acting for and against airlines in relation to passenger claims for delayed flights under EC Regulation 261/2004 and in relation to the rights of disabled passengers under EC Regulation 1107/2006. In this regard, Daniel has appeared on behalf of British Airways, KLM, and Emirates.
    • Assisting with advice on a claim by the owners of a helicopter against insurers after the helicopter was seized by customs officials in Iraq.
    • Assisting with advice on a claim by the lessor of an aircraft against the lessee for damage to the engine of the aircraft due to alleged misuse of the aircraft by the lessee.
  • Banking and Financial Services
    • Re Carlyle Capital Corporation (in liquidation): Daniel acted for the Carlyle Group (the renowned American based global asset management firm) and its high-profile directors in a multi-jurisdictional, $1 billion investment management dispute arising from the insolvency of Carlyle Capital, its Guernsey-based mortgage investment spin-off. The matter has been the subject of bitterly disputed and ongoing jurisdiction battles in Delaware, Washington DC, New York and now Guernsey.
    • Al Sadik v Investcorp: Daniel assisted in a large disclosure review exercise and elements of legal research for the claimant in a claim for US$150m by a well known Middle Eastern figure against a leading Bahraini bank in relation to hedge fund investments.
    • Drafting pleadings in a claim for compensation by an investor in respect of the unauthorised establishment and carrying on of a collective investment scheme in breach of the Financial Services and Markets Act 2000.
    • Advising on miss-selling claims against banks.
  • Civil Fraud, Asset Tracing & Recovery
    • Newmarket Holdings v Confiance (on-going): Daniel acts (with Elspeth Talbot Rice QC) for the claimant in a multi-million pound property joint venture dispute in the Chancery Division.
    • Hadfield v Cooke [2015] EWHC 3480 (Ch): Daniel acted (as sole counsel) for the defendant in a 4 day trial in the Chancery Division concerning the disputed ownership of a recycling business.
    • Wood v Add: acted (with Elspeth Talbot Rice QC) for the defendant in a highly publicised dispute between a wealthy heiress and her former lover involving allegations of undue influence and constructive trusts relating to very substantial gifts made during the course of a romantic relationship.
    • Propinvest Group Limited v Maud: acted (with Robert Levy QC and Richard Ritchie) for the defendants in a multi-million pound claim brought by the administrators of a Guernsey company against its former directors before the Royal Court of Guernsey.
    • Metro Baltic Horizons v James and ors: acting for one of the defendants in a multi-million pound claim in the Isle of Man brought by a company with substantial property investments in Eastern Europe which were allegedly purchased as a result of breaches of fiduciary duty and conspiracy by the defendants.
    • Kagalovsky v Balmore Invest Limited [2013] EWHC 3876 (QB): acting (with Robert Levy QC) for the respondent to a committal application brought in respect of an alleged breach of an injunction obtained in support of Ukrainian proceedings relating to the ownership of a Ukrainian TV station.
  • Commercial Litigation
    • London Executive Aviation v The Lily Partnership[2015] EWHC 1308 (Comm): Daniel acted (as sole counsel) for the successful claimant in a claim for sums due under an aircraft charter agreement culminating in a 4 day trial in the Mercantile Court. The case raised issues of contractual interpretation and estoppel by representation.
    • Hadfield v Cooke [2015] EWHC 3480 (Ch): Daniel acted (as sole counsel) for the defendant in a dispute concerning the ownership of a share operating a business in the recycling industry. The case concerned an alleged oral nominee agreement.
    • Capital Talk v Telequip (settled 2014): Daniel acted for the claimant in a claim for compensation and/or an indemnity under the Commercial Agents (Council Directive) Regulations 1993 following the termination of an business partnership agreement under which the claimant had agreed to sell the defendant’s telecommunications products.
    • Janus Capital Management v Safeguard World International [2016] EWHC 1355 (Ch): Daniel acted (with Francis Tregear QC Alexander Pelling) for the successful defendant payroll service provider in a multi-million pound claim in the Chancery Division in relation to alleged overpayments for currency exchange and payment services. All of the claims were dismissed following an 11 day trial on liability in the Chancery Division.
    • Newmarket Holdings v Confiance (on-going):Daniel acts (with Elspeth Talbot Rice QC) for the claimant in a multi-million pound property joint venture dispute in the Chancery Division.
     
    • Renova v Emmerson: Daniel acted (with Robert Levy QC) in a US$500 million joint venture dispute in the BVI Commercial Court concerning interests in Russian energy companies.
     
    • City Index v Mughal (settled 2013): Daniel acted (with Alexander Pelling) for the claimant spread-betting company in a claim for recovery of a debt arising from the defendant’s spread-betting activities.
  • Company

     

    • Hadfield v Cooke [2015] EWHC 3480 (Ch): Daniel acted (as sole counsel) for the defendant in a dispute in the Chancery Division concerning the beneficial ownership of the single issued share in a company operating a business in the recycling sector.
    • Newmarket Holdings v Confiance (on-going): Daniel acts (with Elspeth Talbot Rice QC) for the claimant in a multi-million pound property joint venture dispute in the Chancery Division. The joint venture was conducted through a series of corporate entities, the ownership of which is now the subject of the dispute.
    • Propinvest Group Limited v Maud: acted (with Robert Levy QC and Richard Ritchie) for the defendants in a multi-million pound claim brought by the administrators of a Guernsey company against its former directors before the Royal Court of Guernsey.
    • Metro Baltic Horizons v James and ors: acting for one of the defendants in a multi-million pound claim in the Isle of Man brought by a company with substantial property investments in Eastern Europe which were allegedly purchased as a result of breaches of fiduciary duty and conspiracy by the defendants.
    • Renova v Emmerson: Daniel acted (with Robert Levy QC) in a US$500 million joint venture dispute in the BVI Commercial Court concerning interests in Russian energy companies.
    • Kagalovsky v Balmore Invest Limited [2013] EWHC 3876 (QB): acting (with Robert Levy QC) for the respondent to a committal application brought in respect of an alleged breach of an injunction obtained in support of Ukrainian proceedings relating to the ownership of a company operating a Ukrainian TV station.
    • Catch a Ride v Gardner [2014] EWHC 1220 (Ch): Daniel acted for the respondents in relation to an application for an injunction and the appointment of a receiver in relation to a dispute concerning the management of a Limited Liability Partnership.
  • Hedge Funds & Structured Investment Vehicles
    • Acting for the defendant former manager of a Class B company based Guernsey collective investment scheme in a substantial claim brought by
      the liquidators of the scheme.
    • Acting for the defendant director of the former an investment manager of an AIM listed property investment company in claims brought by the company relating to substantial property investments alleging fraudulent misrepresentation, procuring breach of contract, dishonest assistance and conspiracy
    • Acting for the defendants in a claim brought by the administrators of a
      Guernsey company in hostile proceedings in which the Guernsey court granted a wide-ranging freezing order against various defendants
  • Insolvency
    • Investec v Glenalla (on-going): Daniel acts (with David Brownbill QC) for the liquidators of four BVI companies in a long running dispute (presently before the Guernsey Court of Appeal) concerning a claim by the liquidators for more than £180m against the former trustees of a Jersey trust. The proceedings raise complex issues relating to the rights of trust creditors to enforce their claims against trustees and trust assets, conflicts of laws, and unjust enrichment.
    • Propinvest Group Limited v Maud: acted (with Robert Levy QC and Richard Ritchie) for the defendants in a multi-million pound claim brought by the administrators of a Guernsey company against its former directors before the Royal Court of Guernsey.
    • Re Euromaster Ltd [2012] EWHC 2356 (Ch); [2013] Bus LR 466: Daniel acted for the administrators of a company who had been defectively appointed out of Court, successfully obtaining a declaration that the administrators had been validly appointed. This is one of the leading reported cases on the consequences of a defect in the appointment of an administrator.
    • Re Care Matters Partnership Ltd [2011] EWHC 2543 (Ch); [2012] 2 BCLC 311: Daniel acted for the directors of a company who had defectively appointed an administrator. This is one of the leading cases on applications for the retrospective appointment of an administrator.
    • Williams v Bowman [2014]: Daniel acted for a bankrupt in a dispute with his trustee in bankruptcy concerning the discharge of the bankruptcy and an allegation of misfeasance against the trustee in bankruptcy concerning the sale of a property at an alleged undervalue.
    • Capital Talk v Telequip [2012]: Daniel acted (with Stuart Adair) for the petitioning creditor in relation to a contested petition for the compulsory winding up of a company in members’ voluntary liquidation.
    • Davies v Sporting Index [2013]: Daniel acted for the successful respondent creditor in a contested application to set aside a statutory demand based upon the applicant’s spread-betting debts.
    • Advising the respondents to an application under section 339 and section 423 of the Insolvency Act 1986 by a trustee in bankruptcy.
  • Partnership and Joint Ventures
    • Hadfield v Cooke [2015] EWHC 3480 (Ch): Daniel acted (as sole counsel) for the defendant in a dispute concerning the ownership of a share operating a business in the recycling industry. The case concerned an alleged joint venture with an 80/20 split in the ownership of the company.
    • Newmarket Holdings v Confiance :Daniel acted (with Elspeth Talbot Rice QC) for the claimant in a multi-million pound property joint venture dispute in the Chancery Division.
    • Renova v Emmerson: Daniel acted (with Robert Levy QC) in a US$500 million joint venture dispute in the BVI Commercial Court concerning interests in Russian energy companies.
    • Catch a Ride v Gardner [2014] EWHC 1220 (Ch): Daniel acted for the respondents in relation to an application for an injunction and the appointment of a receiver in relation to a dispute concerning the management of a Limited Liability Partnership.
    • Capital Talk v Telequip (settled 2014): Daniel acted for the claimant in a claim for compensation and/or an indemnity under the Commercial Agents (Council Directive) Regulations 1993 following the termination of an business partnership agreement under which the claimant had agreed to sell the defendant’s telecommunications products.
     
  • Pensions

    Daniel was instructed to assist with research in an appeal against the first instance decision in PNPF v Taylor.

    Daniel’s growing experience in this field includes:

    • Advising a scheme member who had been refused an ill-health retirement pension by the trustees of his occupational pension scheme on the merits of an appeal to the High Court from a decision of the Pensions Ombudsman.
    • Advising a scheme member on the effect of contracting-out on his entitlement to a state pension.

    He and Elspeth Talbot Rice QC produced an article for the Butterworths International Banking and Finance Law entitled “Whose liability is it anyway?”. This article explains how trustees of personal pension trusts may be exposed to liability in respect of investments made by beneficiary-appointed investment managers, who receive commissions which they do not disclose to the beneficiary.

  • Real Estate Litigation
    • Newmarket Holdings v Confiance :Daniel acted (with Elspeth Talbot Rice QC) for the claimant in a multi-million pound property joint venture dispute in the Chancery Division.
    • Waud v Roshanzamir: Daniel acted for a landlord seeking to recover sums due under a tenancy agreement in circumstances where the tenant has purported to rescind the tenancy agreement for alleged misrepresentation.
    • Real Capital Investements v Halliday [2015]: Daniel acted for the claimant in a claim to recover a deposit paid pursuant to an agreement to purchase a residential flat. The dispute raised issues concerning alleged misrepresentation, the application and interpretation of the Standard Conditions of Sale (Fifth Edition) in circumstances where a landlord refused to consent to the assignment of a lease, and the operation of section 49(2) of the Law of Property Act 1925.
    • Church Commissioners v Hamdan and ors [2013]: acting (with Robert Levy QC) for a number of defendants in a dispute relating to various alleged breaches of covenant by a lessee and the enfranchisement of a block of flats forming part of the Church Commissioners’ Hyde Park Estate as well as a freezing order made in support of a substantial costs order.
    • Lloyd-Jones v Lane [2011]: Acted (with Elspeth Talbot Rice) for a widow against her husband’s adopted child in a dispute concerning the ownership of her marital home which raised issues of resulting trusts and proprietary estoppel.
    • Advising a residential property owner in relation to a boundary dispute relating to the interpretation of a conveyance and potential rectification issues.
    • Advising the leaseholder of a residential flat on potential forfeiture issues arising from alterations carried out without the prior consent of the landlord and issues arising from encroachment by the leaseholder.
    • Acting for a party to a dispute before the Adjudicator to HM
      Land Registry as to whether a party had mental capacity to sever a joint
      tenancy.
  • Trusts, Probate & Estates
    • Investec v Glenalla(on-going): Daniel acts (with David Brownbill QC) for the liquidators of four BVI companies in a long running dispute (presently before the Guernsey Court of Appeal) concerning a claim by the liquidators for more than £180m against the former trustees of a Jersey trust. The proceedings raise complex issues relating to the rights of trust creditors to enforce their claims against trustees and trust assets, conflicts of laws, and unjust enrichment.
    • Crociani v Crociani [2014] UKPC 40: Daniel appeared (with David Brownbill QC and Edward Cumming) for the appellants in the Privy Council in an appeal from the Jersey Court of Appeal concerning the construction of jurisdiction clauses in trusts and the effect of such clauses.
    • Spread Trustee v Hutcheson [2011] UKPC 3; [2012] 2 AC 194: Daniel assisted the respondents in preparation for the hearing of an appeal to the Privy Council from the Guernsey Court of Appeal relating to the permissible scope of a trustee’s exculpation clause.
    • Lloyd-Jones v Lane [2011]: Acted (with Elspeth Talbot Rice) for a widow against her husband’s adopted child in a dispute concerning the ownership of her marital home which raised issues of resulting trusts and proprietary estoppel.
    • Acting for a defendant trustee in a multi-million dollar claim for breach of trust including allegations of negligent investment, overcharging and the payment of unauthorised secret commissions.
    • Advising on the construction of a will in relation to an adopted child.
    • Advising a trustee on the procedure for removal and replacement of a co-trustee who lacked capacity and was also a beneficiary of the trust.
    • Assisting with advice in a dispute over the right of a personal representative to compel a company to register him as a shareholder in has capacity as the personal representative of his mother’s estate.
    • Acting for the claimant in a probate action seeking a pronouncement against a will on the ground that the testator lacked capacity to make that will.
    • Advising in a claim for reasonable financial provision under the Inheritance Act 1975.
    • Assisting with advice in a dispute involving a charity in which the children of the testator sought to challenge the validity of a will on grounds of want of knowledge and approval.
    • Acting for the daughter of a lady with severe dementia in an application to the Court of Protection to cancel the registration of a Lasting Power of Attorney.
    • Assisting with advice on the effect of sanctions on certain Egyptian nationals under EC Regulation 270/2011 on a Jersey Trust.