James Ladbrook
    James Ladbrook
    Senior Practice Manager
    +44 (0)20 7419 6204
    Lyndon Tiller
    Lyndon Tiller
    Practice Manager
    +44 (0)20 7959 0895
    Contact the Practice Managers

    Daniel specialises 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.

    Daniel is recommended as a leading junior across his primary areas of practice, being ranked in Chambers and Partners UK Bar (2022) for Chancery: Commercial, and by Legal 500 (2022) for Private Client: Trusts and Probate, Offshore, Company and Partnership, and Insolvency.  The directories note that he is “unrelenting in ensuring no stone is left unturned when considering the client’s best interests” and that he is “across the detail, calm under fire and extremely user-friendly“.  He is described as “a great advocate” and “incredibly assiduous and exceptionally smart”, and it is said that “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”.  He is also praised for his “brilliant mastery of the factual issues and encyclopaedic knowledge of the applicable law”.

    He has appeared in some of the most significant cases in his areas of expertise in recent years including Investec v Glenalla [2019] AC 271 (the leading case on trustee liability to third party creditors) and Chu v Lau [2020] 1 WLR 4656 (the leading case on just and equitable winding up on the ‘deadlock’ ground).

    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.

    He also has significant experience working on cases in the BVI, Cayman, Bermuda, Isle of Man, Jersey, and Guernsey.  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.

    Some examples of Daniel’s recent work include:

    • 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.
    • Chu v Lau [2020] UKPC 24; [2020] 1 WLR 4656: Daniel acted (with Philip Jones QC) for the appellant before the Privy Council in the leading modern case on just and equitable winding up on the ‘deadlock’ ground.
    • Pleshakov v Sky Stream [2021] UKPC 15: Daniel acted (with Robert Levy QC) 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 QC) in a dispute concerning the management of a private trust company which has acted as trustee of a very valuable Bermudian discretionary trust.
    • Investec v Glenalla [2018] UKPC 7; [2019] AC 271: Daniel acted (with Ewan McQuater QC) 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.
    • Paraskevaides v Citco [2020] ECSC J0330-5: Daniel acted (with Vernon Flynn QC) for the appellants before the Eastern Caribbean Court of Appeal in a complex dispute concerning the management of BVI holding companies.
    • Perry v Lopag (Cayman Grand Court) (on-going): Daniel acts (with David Brownbill QC) 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.
    • Christofi v National Bank of Greece [2018] EWCA Civ 413; [2019] 1 WLR 1435: Daniel acted for the appellant in the Court of Appeal in the leading case on applications to extend time to appeal against the registration of a judgment under the Brussels I Regulation (Regulation (EC) 44/2001).

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

    Areas of experience

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    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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 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.

    Other information

    • Recommendations

      Chancery: Traditional

      Chambers & Partners

      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

      “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

      Legal 500

      “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 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

      “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

      Legal 500

      “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 (1st 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