Practice

Daniel accepts instructions across the full spectrum of work undertaken by Chambers, including banking and finance, commercial litigation, company and insolvency litigation.

Before coming to the Bar, Daniel worked as an economist for five years, including working as an Economic Advisor to the Competition and Markets Authority and a Senior Associate in the Financial Conduct Authority. He maintains his interest in cases with an economic or financial element.

His recent reported cases include Toma v Murray [2020] EWHC 2295 (Ch) (proprietary injunction restraining the dealing of bitcoin); Davies v Ford [2021] EWHC 2550 (Ch) (equitable remedies for breach of director’s duties); and European Real Estate v Treon [2021] EWHC 2866 (Ch) (fraud claim; limitation defence successful).

Daniel is the author of an insolvency textbook for litigants in person, ‘Insolvency Law Made Clear’. It can be purchased here.

Practice areas

Banking & finance

Daniel has recently advised on whether a particular investment fell within the collective investment scheme regime under s.235 of FSMA. He has settled pleadings concerning the correct construction of a bond. His experience includes:

  • Singularis v Daiwa [2019] UKSC 50 – A case before the Supreme Court concerning a stockbroker’s breach of the Quincecare As a pupil, Daniel assisted Andrew de Mestre QC who was led by Jonathan Crow QC.
  • Deutsche Trustee Co Ltd v Duchess VI CLO BV & Ors [2020] EWCA Civ 52 – A case concerning the construction of a collateralised loan obligation. As a pupil, Daniel assisted Andrew de Mestre QC in drafting a skeleton argument for the Court of Appeal.

 Daniel was instructed, with Sharif Shivji QC, in a £8m dispute over an employee share issue in a listed company.

Fraud – civil

Daniel regularly deals with matters where there are allegations of fraud, breach of fiduciary duties and dishonesty. Daniel acted as sole counsel in a £1m claim for fraud, unlawful means conspiracy and breach of contract. His experience includes:

  • Toma v Murray [2020] EWHC 2295 (Ch) – a proprietary injunction to restrain the defendant from disposing of bitcoin belonging in equity to the claimants.
  • A v B – a £5m dispute about a settlement agreement allegedly fraudulently obtained. The case raises issues of a continuing representation and the rule in BCCI v Ali concerning ‘sharp practice’. Daniel drafted the Particulars of Claim.
  • European Real Estate Debt Fund v Treon & Ors [2021] EWHC 2866 (Ch) – Led by Bridget Lucas QC from Fountain Court Chambers, Daniel appeared on behalf of the first defendant in a fraud claim concerning a c.£15m investment. The claim was dismissed on limitation grounds following a 13 day trial.
Commercial dispute resolution

Daniel is available to offer advice, drafting and representation at any stage of a dispute. He has recently advised a client on the scope of a non-disclosure agreement, and another on their prospects of success in a claim against a local authority for conversion. He was instructed on a multi-million pound claim in the Queen’s Bench Division for breach of fiduciary duty by means of a whistleblowing complaint, led by Sharif Shivji QC.

His experience includes:

  •  Pedriks v Grimaux – Alleged breach of a mediation settlement, fiduciary duties and an alleged oral agreement. Led by Donald Lilly, Daniel represented the defendant at the trial in October 2021.
  • Re: A Solicitors’ Firm – A professional negligence claim against a firm of solicitors for giving incomplete advice on a guarantee.
  • Obtaining an urgent injunction to effect a transfer of a domain name, led by Tom Gentlemen.

Daniel has drafted a Part 8 claim about the correct construction of a contract; and advised a solicitors’ firm on their prospects of success in a summary judgment application in a professional negligence claim.

Company law

Most of Daniel’s cases contain a company law component. His work has varied from applications to rectify the register of charges to multi-million pound High Court litigation. His experience includes:

  • Davies v Ford and ors [2021] EWHC 2550 (Ch) – Led by Alexander Cook, Daniel appeared for the defendant company and its director at the quantum stage of proceedings. The case provides an important discussion of the nature of equitable compensation, an equitable allowance, and whether a corporate opportunity is ‘property’ for the purposes of a claim in knowing receipt.
  • Re: A Company – Daniel has drafted several s.994 Companies Act petitions on behalf of the petitioners, including one which sought the purchase of the respondent’s shares as its relief.
  • In the matter of a Company: Daniel advised a private family company on the correct construction of their articles of association.
POCA work & asset forfeiture

Daniel is presently undertaking a secondment in the civil recovery unit at the National Crime Agency. As a pupil to Sharif Shivji, Daniel reviewed a s.298 POCA cash seizure application for Advocate. He has given a lecture on the use of the Proceeds of Crime Act to a public body.

Insolvency & restructuring

Daniel is the author of a textbook for litigants in person on insolvency law, which covers the full range of issues an individual or an SME would face.

Daniel is routinely instructed to appear at bankruptcy petitions and applications in the County Court and the High Court. He regularly represents companies and creditors at winding up petitions. He has been instructed by OFGEM/GEMA on multiple occasions to appear as sole counsel in the High Court in relation to insolvent energy companies. He has offered advice and drafted a s.112 application against a liquidator. The liquidator settled without needing to issue. His experience includes:

  • In re Kate Ryan Limited [2021] EWHC 1546 (Ch): Daniel appeared on behalf of a liquidator seeking information from a third party under ss.234 and 236 of the Insolvency Act 1986. Daniel is presently instructed for the appeal, listed for January 2022, concerning when a successful liquidator should be awarded their costs.
  • Re: A Debtor: Daniel appeared for the petitioner as sole counsel in a £4m bankruptcy petition against leading counsel.
  • In re Poundstretcher: Daniel advised a landlord on the implications of the recent CVA passed by the retailer.
  • Islandsbanki HF v Stanford [2019] EWHC 1818 (Ch): A series of applications to stay or set aside a bankruptcy petition and subsequent bankruptcy order. As a pupil, Daniel assisted Gregory Denton-Cox.
  • Re: X: An individual died with ongoing matrimonial proceedings and was subsequently declared bankrupt. As a pupil, Daniel assisted Donald Lilly who appeared before a divisional court consisting of a family and a chancery high court judge.

Daniel has particular experience of the intersection between employment law and insolvency law. He has advised claimants on enforcement against insolvent companies and appeared successfully for a claimant before the Manchester Employment Tribunal on a TUPE-transfer case where the original employer went into liquidation.

Offshore litigation

Daniel is interested in applying the principles from English law to other jurisdictions. His experience includes:

  • As sole counsel, drafting particulars of claim for a fraud claim in Singapore which concerned fraudulent advice given in respect of a Brazilian investment.
  • Led by Sharif Shivji QC, giving advice in respect to the scope of the doctrine of frustration where a contract governed by BVI law was allegedly impacted by one of the parties being subject to US sanctions.
  • Daniel conducted research into a potential claim in the DIFC concerning conspiracy and breach of fiduciary duty as a pupil for Sharif Shivji.

Daniel is called to the Bar of the British Virgin Islands.

Additional info

Career & appointments

2012 – 2014: Fast Stream Economist, Civil Service
2014 – 2016: Economist, Competition and Markets Authority
2016 – 2017: Senior Associate, Financial Conduct Authority

Member of the Chancery Bar Association

Member of the Commercial Bar Association

Daniel is on the Advocate volunteer panel.  He will consider pro bono instructions in appropriate cases. Daniel is not direct access qualified and cannot accept instructions from the public.

Education & awards

BA in Philosophy, Politics and Economics, Balliol College, Oxford University
MSc in Economics, University College London (Distinction)
GDL, University of Law (Distinction)
BPTC, City University

Queen Mother Scholarship, Middle Temple
Harmsworth Entrance Exhibition Award, Middle Temple
David Pearce Scholarship in Economics, UCL

Publications

Daniel is the authority of  a book on insolvency law aimed at litigants in person: ‘Insolvency Law Made Clear: a Guide for Debtors’ (Bath Publishing, 2021).

From sports betting to the stock market … what’s the difference?”, Butterworths Journal of International Banking and Financial Law, (2020) 9 JIBFL 624 (with Philip Rubens)