Areas of Expertise
Dan specialises in commercial and property litigation. His practice features business disputes across a wide range of domestic industries. He aims to develop a clear understanding and insight into each client’s business requirements so that his advice is given in a realistic context. His commercial experience includes: acting for banks and borrowers in relation to guarantees and secured lending; insolvency both for IPs and debtors; contractual disputes; professional liability. His property experience includes: option agreement disputes; commercial landlord and tenant (such as opposed lease renewals; dilapidations); boundary and easement disputes; party wall disputes.
Along with regular trial advocacy, Dan is frequently instructed to make/oppose interim injunctive relief and other procedural applications in commercial and property matters. He also has appeal experience including before the Court of Appeal.
As a former solicitor he understands how to work as a member of the overall legal team but is equally happy to provide strategic direction when requested.
Participation in various mediations and settlement meetings.
Settling of statement positions
Relevant experience includes:
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.
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.
‘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.
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. Successful in HC trial. Due to be heard by Court of Appeal winter 2016.
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  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.
Dan often provides seminars on injunctive relief.
Claims relating to construction of option agreements.
Applications made under s.1 Access to Neighbouring Land Act.
Hearings before LVT pursuant to s.20 Landlord and Tenant Act 1985 as to whether legal costs to be disallowed.
Forfeiture/applications for relief from.
Operation of break clauses.
Rent review arbitrations.
Claims for breaches of the covenant of quiet enjoyment.
Party wall award litigation including interim injunctions.
Boundary disputes - recently whether boundary agreement was actually an agreement for the disposition of land.
Rights of way/easement disputes.
Nuisance and trespass claims.
Applications to vary/discharge restrictive covenants.
Construction of leases including PFI leases and pre-emption rights on expansion areas within the demise.