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Practice Summary

Dan’s practice covers the full range of commercial litigation, arbitration and advisory work. He is regularly instructed in complex, high-value disputes, especially those with an international element. He brings particular expertise to energy and shareholder disputes from having worked at White & Case (London) and King & Wood Mallesons (Sydney).

Before joining chambers, Dan was an associate in the litigation and arbitration group of White & Case (London). While there, he acted in LCIA and ICC arbitrations across the energy, property and telecommunications sectors. Before that, he completed a training contract with the leading Australian firm King & Wood Mallesons, focusing on disputes and transactional work across the energy and construction sectors.

EXAMPLES OF RECENT CASES

  • Arbitration

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    • While at White & Case, representing the interests of a Ukrainian, high-net-worth individual in LCIA proceedings in relation to sums allegedly due under an SPA.
    • While at White & Case, acting in LCIA proceedings concerning an oil and gas exploration project in a former CIS country.
    • While at White & Case, advising a French private equity firm in relation to certain disputes which arose during the successful completion of an investment in the chocolate and confectionary sector.
  • Banking and Financial Services

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    • RateSetter Trustee Services Limited v Purvis (Leeds Circuit Commercial Court)
      Defending a former director from claims under a personal guarantee of a loan made to a technology start-up. The defence relies on misrepresentations made to the director and collusion between the lender and the principal debtor.
    • Assisting a bank with pre-action correspondence in respect of claims against a Caribbean nation for payment under a promissory note (with Laurence Emmett).
    • Commerzbank v Rothschild (Comm)
      During pupillage, assisting Sonia Tolaney QC and Anna Boase in complex financial litigation involving major financial institutions and a UCITS investment company. The case raised issues of conspiracy, deceit, negligence, dishonest assistance, restitution, agency and the conflict of laws.
    • Du Pont Pension Trust v Yuksel Insaat AS (Comm)
      During pupillage, assisting Jamie Goldsmith in acting for a group of financial institutions bringing claims for fraudulent misrepresentation in relation to senior notes issued by a Turkish construction group. The case involved intricate issues of jurisdiction and governing law.
    • China Export & Credit Insurance Corporation v Emerald Energy Resources Limited [2018] EWHC 1503 (Comm)
      During pupillage, assisting Jamie Goldsmith in acting for a state-funded insurance company seeking to enforce a promissory note and successfully resisting applications disputing the Court’s jurisdiction.

     

  • Civil Fraud and Economic Torts

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    • Rosdale Pte Limited v Degevol UK Limited (Comm)
      Acting for the Claimants in English proceedings to recover Kazakh mining assets stripped from the Claimants by their former directors and controllers through a complex scheme of cross-border transactions (with Alain Choo Choy QC). The case settled shortly after detailed particulars of claim were provided to the Defendants.
    • Advising solicitors in respect of suspected cyber fraud (with Sa’ad Hossain QC).
    • During pupillage, assisting Seb Isaac in acting for a hedge fund manager in a Russian-law dispute arising out of a Russian bankruptcy auction.
    • During pupillage, assisting Seb Isaac in acting for one of the world’s largest hotel groups in successfully defending claims by SPVs associated with Vincent Tchenguiz. The case involved claims of conspiracy, breach of confidence and unlawful interference with economic interests. It was discontinued shortly after the defence was served.
    • Commerzbank v Rothschild (Comm)
      During pupillage, assisting Sonia Tolaney QC and Anna Boase in complex financial litigation involving major financial institutions and a UCITS investment company. The case raised issues of conspiracy, deceit, negligence, dishonest assistance, restitution, agency and the conflict of laws.
    • Avonwick Holdings Limited v Castle Investment Fund Limited (ChD)
      During pupillage, assisting Anna Boase in acting for Mr Machitski, one of three Russian businessmen engaged in high-value Chancery Division litigation. The case involved fact-heavy claims of conspiracy and under the Insolvency Act, and various disclosure applications.
    • During pupillage, assisting Jamie Goldsmith in advising a potential claimant in civil fraud proceedings on pre-action disclosure, including by way of Norwich Pharmacal and Bankers Trust orders.
  • Commercial Litigation

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    • Advising a boutique law firm in respect of claims on disputed invoices.
    • Advising a major accounting firm in respect of claims against HMRC for overpaid taxes.
    • Advising a packaging manufacturer in defending claims by a recruitment agency for disputed fees.
    • Advising a foreign manufacturer in respect of potential claims under a series of export contracts.
    • During pupillage, settling a defence to a claim for sums allegedly due under a building contract. The case involved defective building works and issues of consumer law.
    • During pupillage, assisting Anna Boase in settling a defence to a claim arising out of an alleged contract for the sale of land.
    • During pupillage, assisting Anna Boase in advising and drafting particulars of claim in relation to a claim against a seller of defective packaging for use in the food sector.
    • During pupillage, assisting Saul Lemer in a Part 8 hearing concerning the interpretation of a catering services agreement and an implied term allowing for termination on reasonable notice.
    • During pupillage, assisting Anna Boase in advising an education provider in relation to a debt claim raising difficult issues of contract interpretation.
  • Confidential Information and Data Protection

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    • BGC Brokers LP v Tradition (UK) Ltd (QBD)
      Defending Tradition, one of the City’s main interdealer broker firms, from high-value and bitterly fought claims by one of its competitors (with Neil Kitchener QC, Matthew Cook and Amy Rogers). The case is set down for a four-week trial in late November 2019 and concerns alleged breaches of confidence and a team move of brokers.
    • Advising a foreign wholesaler in respect of claims against its former employees for copying confidential documents and using them to establish a competing business.
    • Acting for an online retailer in defending proceedings concerning data protection. The claim was successfully struck-out before trial.
  • Energy and Natural Resources

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    • Endeavour Energy UK Limited v Hess Limited (Comm)
      During pupillage, assisting Anna Boase in acting for Endeavour in a joint-venture dispute concerning liability to pay the costs of decommissioning an oil field in the North Sea.
    • During pupillage, assisting Anna Boase in advising a purchaser of defective tubing used in developing an oil field offshore West Africa.
  • Injunctions

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    • During pupillage, assisting Sonia Tolaney QC and Jamie Goldsmith in resisting an urgent application for anti-suit relief in the context of a high-stakes corporate takeover.
  • Jurisdiction and Conflict of Laws

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    • Rosdale Pte Limited v Degevol UK Limited (Comm)
      Acting for the Claimants in English proceedings to recover Kazakh mining assets stripped from the Claimants by their former directors and controllers through a complex scheme of cross-border transactions (with Alain Choo Choy QC). The case involved parties in six different countries, claims under several sets of applicable law, and challenges to the English court’s jurisdiction.  It settled shortly after detailed particulars of claim were provided to the Defendants. 
    • Du Pont Pension Trust v Yuksel Insaat AS (Comm)
      During pupillage, assisting Jamie Goldsmith in acting for a group of financial institutions bringing claims for fraudulent misrepresentation in relation to senior notes issued by a Turkish construction group. The case involved intricate issues of jurisdiction and governing law.
    • China Export & Credit Insurance Corporation v Emerald Energy Resources Limited [2018] EWHC 1503 (Comm)
      During pupillage, assisting Jamie Goldsmith in acting for a state-funded insurance company seeking to enforce a promissory note and successfully resisting applications disputing the Court’s jurisdiction.
  • Recent Advocacy Appearances

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    • Acting for petitioning creditors in bankruptcy proceedings. The case settled with full payment and costs recovery against the debtor.
    • Successfully defending a private school in County Court proceedings relating to child safety and the recovery of school fees paid in advance.
    • Successfully striking out claims on disputed invoices in the County Court.
    • Successfully setting aside a default judgment in multi-track proceedings in the County Court.
    • Successfully resisting an application to pay a County Court judgment by instalments.
    • During pupillage, appearing in several County Court trials, including a one-day trial of a bailment claim.
  • Shareholder Disputes and Company Law

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    • Norwich Craft Beer Company Limited v Evans (ChD)
      Acting for the main shareholder and former director in proceedings against the minority shareholder for control of the Bullards brands of beer and gin.
    • Advising minority shareholders in a UK healthcare business in relation to claims of unfair prejudice and wrongful competition by the majority shareholder (with Seb Isaac).
    • During pupillage, assisting Sonia Tolaney QC and Jamie Goldsmith in resisting an urgent application for anti-suit relief in the context of a high-stakes corporate takeover.
    • Endeavour Energy UK Limited v Hess Limited (Comm)
      During pupillage, assisting Anna Boase in acting for Endeavour in a joint-venture dispute concerning liability to pay the costs of decommissioning an oil field in the North Sea.

Education

  • University of Oxford, Bachelor of Civil Law (Distinction) [2016]
  • University of Sydney, Bachelor of Laws (First Class Honours) [2013]
  • University of Sydney, Bachelor of Science (Advanced) [2012]

Admissions

  • Solicitor, New South Wales (Australia) [2014]

Academic Achievements

  • Vinerian Scholarship Proxime Accessit for 2nd place overall in the Bachelor of Civil Law (BCL) (University of Oxford) [2016]
  • 1st place in all four subjects studied during the BCL: Unjust Enrichment, Commercial Remedies, Legal Concepts in Financial Law, and Law and Society in Medieval England.

Previous Employment

  • Associate, White & Case London (Commercial Litigation and International Arbitration) [2016-17]
  • Solicitor and Law Graduate, King & Wood Mallesons Sydney [2014-15]