Relevant experience includes:
Finance
Acting for banks and commercial lenders in Etridge/undue influence defences to possession proceedings.
Acting for lenders and guarantors in relation to claims on guarantees where defences have been run including: novation, misrepresentation, lack of consideration, duress and the construction of the terms of guarantees.
For lender of short term bridging loans to agricultural sector where multiple defences of unconscionable/extortinate terms and fraud were run.
For lender and receiver in respect of opposing applications for interim injunctions restraining the appointment of the receiver and exercise of his powers to possess and sell secured property.
Acting for company set up to administer loan finance from European Regional Development Fund.
Insolvency/bankruptcy
Applications to set aside statutory demands and restrain presentation of winding up petitions.
Acting for IP: in claims for misfeasance/breach of fiduciary duties by former director; as to the dissolution of a working men’s club; in presenting s.366 IA 1986 inquiries.
Annulment applications for bankrupt and trustee.
Marine industry
‘Foul berth’ claims against Falmouth Harbour Commissioners.
Appeal as to first instance finding of liability against manufacturer of racing power boat hulls.
Claim against Marine Coastguard Agency by demolition company engaged to break up the Severn Sands for breach of contract and salvage rights.
Claim in relation to breach of share fishing agreement and subsequent arrest of vessel.
Opposition of injunction obtained by harbour authority against owner of 2 MFVs moored in Exeter.
Claims arising out of the manufacturer of gear boxes for commercial ferry operator.
Professional liability
Against solicitors in relation to conveyancing services.
Against architects for design/planning permission.
Acting for insurance broker in defence of multi-million pound claim by accountant client alleging failure to re-new PI cover..
Other commercial
Claims arising out of shareholder agreements.
Acting in defence of claim for clawback of pre-paid commission by principal against agent. Appealed to the Court of Appeal on application of trial judge’s discretion as to costs (Thinc Group v Kingdom [2013] EWCA Civ 1306).
Enforcement of orders permitting C’s solicitors to receive pension funds in place of judgment debtor.
Registration of foreign judgments.
HC trial as to enforceability of charging orders against assets said to be beneficially owned by offshore trust fund - whether the transfers amounted to ‘Snook shams’.
Claims relating to sale of goods/services.
Contractual disputes.
Dan often provides seminars on injunctive relief.
