Daniel Warents

Areas of experience

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• Partnership and Joint Ventures
  • Chu v Lau [2020] UKPC 24; [2020] 1 WLR 4656: Daniel acted (with Philip Jones KC) for the appellant before the Privy Council in the leading modern case on just and equitable winding up on the ‘deadlock’ ground.
  • Re Willingham Partnership Ltd (settled 2019): Daniel acted for the petitioners in two related unfair prejudice claims concerning property development 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 KC) 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.
• Company
  • Invest Bank v El-Husseini [2022] EWHC 894 (Comm): Daniel acted for defendants on a jurisdiction challenge in the Commercial Court in which it was held that various claims under s.423 IA 1986 where it was alleged that a debtor had caused a companies owned/controlled by him to transfer assets at an undervalue did not, as formulated by the Claimant, raise a serious issue to be tried.  The Court of Appeal is due to hear appeals in relation to the company law issues in the context of s.423 claims in 2023.
  • Re Integrated Health Partners Limited: Daniel acted for minority shareholders who were named as respondents to an unfair prejudice claim and successfully obtained an order striking out the claims for relief against them.
  • Re Basis Technologies Group Limited: Daniel acts for the a minority shareholder in a dispute concerning the sale of a Jersey company’s underlying technology business at an alleged undervalue to a purchaser closely connected to the majority shareholders.
  • Perry v Lopag (Cayman Grand Court) (on-going): Daniel acts (with David Brownbill KC) for the plaintiffs in a dispute concerning the ownership of a Cayman company in which the plaintiffs seek to set aside the transfer of the single issued share in the company to a Liechtenstein fiduciary on grounds of mistake and breach of Israeli matrimonial property rights.  An appeal to the Pricy Council is due to be heard in January 2023.
  • Pleshakov v Sky Stream [2021] UKPC 15: Daniel acted (with Robert Levy KC) for the successful appellant in an appeal before the Privy Council concerning the beneficial ownership of shares in a BVI company.
  • St John’s Trust Company (PVT) Ltd v Watlington (2020) 96 WIR 175: Daniel acted (with David Brownbill KC) in a dispute concerning the management of a private trust company which has acted as trustee of a very valuable Bermudian discretionary trust.
  • Chu v Lau [2020] UKPC 24; [2020] 1 WLR 4656: Daniel acted (with Philip Jones KC) for the appellant before the Privy Council in the leading modern case on just and equitable winding up on the ‘deadlock’ ground.
  • Paraskevaides v Citco [2020] ECSC J0330-5: Daniel acted (with Vernon Flynn KC) for the appellants before the Eastern Caribbean Court of Appeal in a complex dispute concerning the management of BVI holding companies.
  • Re Willingham Partnership Ltd (settled 2019): Daniel acted for the petitioners in two related unfair prejudice claims concerning property development joint ventures.
  • 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: Daniel acted (with Elspeth Talbot Rice KC) 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 KC 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: acted 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 KC) 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.
• Insolvency

  Daniel is presently a barrister member of the Insolvency Rules Committee.  His experience of insolvency cases includes:

  • Invest Bank v El-Husseini [2022] EWHC 894 (Comm): Daniel acted for defendants on a jurisdiction challenge in the Commercial Court in which it was held that various claims under s.423 IA 1986 and as to the beneficial ownership of UK properties and shares did not, as formulated by the Claimant, raise a serious issue to be tried.  The Court of Appeal is due to hear appeals in relation to the s.423 claims in 2023.
  • Re Hurst [2022] EWHC 2649 (Ch): Daniel acted for the innocent beneficiaries in circumstances where a declaration of trust of a residential property was set aside under s.423 IA 1986, successfully persuading the Court to make a novel form of order so that the beneficiaries could retain the surplus generated by a sale of the property after the payment of creditors in full.
  • Chu v Lau [2020] UKPC 24; [2020] 1 WLR 4656: Daniel acted (with Philip Jones KC) for the appellant before the Privy Council in the leading modern case on just and equitable winding up on the ‘deadlock’ ground.
  • Investec v Glenalla [2018] UKPC 7; [2019] AC 271: Daniel acted (with Ewan McQuater KC) for the liquidators of four BVI companies in a long running dispute concerning a claim by the liquidators for more than £180m against the former trustees of a Jersey law trust. The proceedings raised complex issues relating to the rights of trust creditors to enforce their claims against trustees and trust assets, conflicts of laws, and unjust enrichment.  It is now the leading case on trustee liability to third party creditors.
  • Propinvest Group Limited v Maud: acted (with Robert Levy KC 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.
• Trusts, Probate & Estates
  • Perry v Lopag (Cayman Grand Court) (on-going): Daniel acts (with David Brownbill KC) for the plaintiffs in a dispute concerning the ownership of a Cayman company in which the plaintiffs seek to set aside the transfer of the single issued share in the company to a Liechtenstein fiduciary on grounds of mistake and breach of Israeli matrimonial property rights.  An appeal to the Pricy Council is due to be heard in January 2023.
  • Pleshakov v Sky Stream [2021] UKPC 15: Daniel acted (with Robert Levy KC) for the successful appellant in an appeal before the Privy Council concerning whether shares in a BVI company were held on trust.
  • St John’s Trust Company (PVT) Ltd v Watlington (2020) 96 WIR 175: Daniel acted (with David Brownbill KC) in a dispute concerning the management of a private trust company which has acted as trustee of a very valuable Bermudian discretionary trust.
  • Paraskevaides v Citco [2020] ECSC J0330-5: Daniel acted (with Vernon Flynn KC) for the appellants before the Eastern Caribbean Court of Appeal in a complex trust/estates dispute concerning the management of BVI holding companies.
  • Investec v Glenalla [2018] UKPC 7; [2019] AC 271: Daniel acted (with Ewan McQuater KC) for the liquidators of four BVI companies in a long running dispute concerning a claim by the liquidators for more than £180m against the former trustees of a Jersey law trust. The proceedings raised complex issues relating to the rights of trust creditors to enforce their claims against trustees and trust assets, conflicts of laws, and unjust enrichment.  It is now the leading case on trustee liability to third party creditors.
  • Crociani v Crociani [2014] UKPC 40: Daniel appeared (with David Brownbill kC 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.
• Civil Fraud, Asset Tracing & Recovery
  • Invest Bank v El-Husseini [2022] EWHC 894 (Comm): Daniel acted for defendants on a jurisdiction challenge in the Commercial Court in which it was held that various claims under s.423 IA 1986 and as to the beneficial ownership of UK properties and shares did not, as formulated by the Claimant, raise a serious issue to be tried.  The Court of Appeal is due to hear appeals in relation to the s.423 claims in 2023.
  • Re Hurst [2022] EWHC 2649 (Ch): Daniel acted for the innocent beneficiaries in circumstances where a declaration of trust of a residential property was set aside under s.423 IA 1986, successfully persuading the Court to make a novel form of order so that the beneficiaries could retain the surplus generated by a sale of the property after the payment of creditors in full.
  • Newmarket Holdings v Confiance: Daniel acted (with Elspeth Talbot Rice KC) 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 KC) 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 KC 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.
• Banking and Financial Services
  • Day v Forex Capital Markets Ltd: Daniel acts for the defendant spread-betting firm in proceedings arising from the claimant’s losses on trades on the price of oil at a time of unprecedented negative oil prices in April 2020.
  • 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.
• Commercial Litigation
  • Day v Forex Capital Markets Ltd: Daniel acts for the defendant spread-betting firm in proceedings arising from the claimant’s losses on trades on the price of oil at a time of unprecedented negative oil prices in April 2020.
  • Invest Bank v El-Husseini [2022] EWHC 894 (Comm): Daniel acted for defendants on a jurisdiction challenge in the Commercial Court in which it was held that various claims under s.423 IA 1986 and as to the beneficial ownership of UK properties and shares did not, as formulated by the Claimant, raise a serious issue to be tried.  The Court of Appeal is due to hear appeals in relation to the s.423 claims in 2023.
  • Janus Capital Management v Safeguard World International [2016] EWHC 1355 (Ch): Daniel acted (with Francis Tregear KC 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.
  • 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.
  • 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.
  • 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.
  • Newmarket Holdings v Confiance: Daniel acted (with Elspeth Talbot Rice KC) for the claimant in a multi-million pound property joint venture dispute in the Chancery Division.
  • Renova v Emmerson: Daniel acted (with Robert Levy KC) 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.
• 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
• Arbitration
  • Acting for the claimant in an LCIA arbitration in relation to a dispute arising from a joint venture between solicitors.
  • Acting for the claimants in an LCIA arbitration in 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 KC) on the res judicata effect of arbitration awards.

Other information

• Recommendations

  Chancery: Traditional

  Chambers & Partners

  Daniel Warents assists in sizeable trusts and probate disputes. Strengths: “Brilliant with clients, he always goes the extra mile and is very much a team player.” (2023)

  Daniel Warents is “a quality practitioner with a real knack for getting to the important issues,” observes a commentator, who adds that he is “a pleasure to deal with.” Warents assists in sizeable trusts and probate disputes and has built a reputation as a junior who is “brilliant with clients, always goes the extra mile and is very much a team player,” as an interviewee reports. (2022 – High Net Worth)

  Chancery: Commercial

  Chambers & Partners

  “I have no doubt that he will be a real star at the Bar. He is great to work with and clients love him.” “He produces very good quality work and is very confident, rightly so.” (2023)

  “Very committed and very good. He is incredibly assiduous and exceptionally smart.” (2022 – UK & Global)

  “Daniel is an excellent lawyer with maturity beyond his years. He has great judgement and works hard with determination.” “An excellent practitioner – he’s thoughtful and shrewd.” (2021 – UK & Global)

  Offshore

  Chambers & Partners

  Daniel Warents is highly regarded for his expertise in handling chancery and commercial cases. He is instructed on a range of issues including fraud, company wind-ups and trust matters. He is called to the BVI Bar and has extensive experience in the Cayman Islands, Bermuda and the Isle of Man. Strengths: “He is highly rated and an utter pleasure to work with.” “Daniel Warents is very clever, has a good manner and is down to earth whilst also being intellectually rigorous.” “He is a real workaholic. Daniel Warents is fantastic and works tirelessly.” (2023)

  The Legal 500

  ‘Daniel is unbelievably quick, very clever and tactically excellent.’ (2024)

  “Phenomenally hard-working, a great team member and a very good advocate.” (2023)

  “Brilliant mastery of the factual issues and encyclopeadic knowledge of the applicable law.” (2022)

  “A great advocate excellent on paper and on his feet.” (2021)

  Private Client: Trusts & Probate

  Legal 500

  “Daniel always goes the extra mile and a real team player. Clients love his straightforward approach and clear advice.” (2023)

  “Daniel is a seriously bright junior destined for great things – hardworking, across the detail, calm under fire and extremely user-friendly.” (2022)

  “A very experienced practitioner.” (2021)

  Insolvency

  Legal 500

  “Daniel is a very confident and clever advocate, equally at home with cross examination or submissions.” (2023)

  “His ability is already superior to many barristers of higher seniority and solicitors would have absolutely no problem to instruct him as sole advocate against a silk on the opposite side.” (2022)

  “He is a great advocate and is excellent on paper and when on his feet.”(2021)

  Company and Partnership

  Chambers & Partners 

  Daniel Warents is a talented company and commercial disputes lawyer. He has appeared before the Privy Council as well as cross-border matters within Bermuda. Daniel is highly experienced in BVI matters. Strengths: “Incredibly assiduous, and a barrister who takes a mature approach to his cases.” “Great to work with and loved by clients.” (2023)

  Legal 500

  “Daniel is a very confident and clever advocate, equally at home with cross examination or submissions.” (2023)

  “Daniel is unrelenting in ensuring no stone is left unturned when considering the client’s best interests.” (2022)

• Academic history
  • M.A. Law, Downing College Cambridge (1^st class)
  • LLM (Cantab)
  • BVC, BPP Law School (Very Competent)
• Scholarships and prizes
  • Senior Harris Scholarship, Downing College, Cambridge
  • Squire Scholarship, Cambridge
  • Queen Mother Scholarship, Middle Temple
  • Grand finalist at both the World and European Universities’ Debating Championships
• Professional memberships
  • Member of the Bar of the Eastern Caribbean Supreme Court – British Virgin Islands
  • Chancery Bar Association
  • Association of Pension Lawyers
  • Institute of Art & Law
• Publications
  • Co-General Editor of International Trust Laws (Jordans, loose-leaf).
  • Contributor to International Trust Laws (Jordans, loose-leaf), chapter on Beddoe applications.
  • Co-editor of Atkins Court Forms- Company Insolvency (2015, LexisNexis).
  • “An Unwarranted Approach – Costs Orders Against Solicitors Acting Without Authority” (2022) 41 CJQ 7
  • “All I wanna do is take your money: segregated accounts and equitable charges” (2015) 30 JIBFL 203.
  • “An offer you can’t refuse? Relief from forfeiture in the Privy Council” (2014) 29 JIBFL 21.
  • “Reorganisation with knobs on? The taxonomy of Europe’s insolvency regime” (2012) 27 JIBFL 345.
  • ‘Whose liability is it anyway? Commissions and conflicts‘ (2011) 26 JIBFL 324.
  • “Gross negligence after Spread Trustee v Hutcheson: the transition from vituperative epithet to meaningful standard”; (2011) 26 JIBFL 671.
  • Casenote on Marine Trade SA v Pioneer Freight Futures Co Ltd BVI [2010] 1 Lloyd’s Rep 631 published in the Lloyd’s List, 23 December 2009.