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).

He has recently published ‘Insolvency Law Made Clear’, aimed at litigants in person. It can be purchased here.

Practice areas

Banking & finance

Daniel has recently advised individuals on their ability to contest a guarantee for £200,000. He has appeared as sole counsel in the County Court representing a bridging loan company in relation to a loan in default. His experience includes:

  • Singularisv Daiwa [2019] UKSC 50 – A case before the Supreme Court concerning a stockbroker’s breach of the Quincecare duty. As a pupil, Daniel assisted Andrew de Mestre QC who was led by Jonathan Crow QC in preparing the skeleton argument 
  • 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 is presently 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 dishonestly. 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.
  • ArcelorMittal v Essar Steel [2019] EWHC 724 (Comm) – A freezing injunction and associated disclosure orders were obtained against individuals and companies associated with the defendant. As a pupil, Daniel researched the scope of Norwich Pharmacal and search orders for Gregory Denton-Cox.

Daniel is currently instructed, led by Bridget Lucas QC, in a £15m claim alleging fraudulent inducement to subscribe to a convertible loan note.

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 is presently 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 GrimauxAlleged breach of a mediation settlement and fiduciary duties. Daniel is being led by Donald Lilly.
  • Playboy Club v Banca Nazionale del Lavoro – A claim for deceit against an Italian bank who provided a credit reference to a casino. As a pupil, Daniel assisted Andrew de Mestre QC to prepare for the Costs and Case Management Conference.
  • Re: A Solicitors’ Firm – A professional negligence claim against a firm of solicitors for giving incomplete advice on a guarantee.
  • Obtaining an order to effect a transfer of a domain name, led by Tom Gentlemen.

Daniel has recently drafted a Part 8 claim about the correct construction of a contract.

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 [2019] EWHC 3161 (Ch) – Led by Alexander Cook, Daniel appeared for the defendant company and its director at the PTR of a trial concerning alleged breaches of fiduciary duty.  
  • Re: Compound Photonics – A s.994 Companies Act petition made by a former director of a technology firm who was dismissed. As a pupil, Daniel assisted Donald Lilly, who was led by Orlando Fraser QC.
  • 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

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 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 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.

Offshore litigation

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

  • Advice following the Privy Council judgment in Gany v Khan [2018] UKPC 21 concerning the presumption arising from In re Curteis’ Trusts (1872) LR 14 Eq 217. As a pupil, Daniel drafted an opinion for Donald Lilly.
  • Daniel conducted research into a potential claim in the DIFC concerning conspiracy and breach of fiduciary duty as a pupil for Sharif Shivji.
  • Daniel researched the scope of the doctrine of ‘just and equitable’ winding up for a potential petition to the Royal Courts of Jersey as a pupil to Gregory Denton-Cox.
  • Daniel reviewed a solicitor’s draft application for permission to appeal to the Privy Council concerning the scope of ‘forum non conveniens’ in the BVI as a pupil to Sharif Shivji.

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 and accepts pro bono instructions in appropriate cases.

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

Insolvency Law Made Clear, 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)