Daniel Fletcher

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Daniel Fletcher

Barrister

Call 2017

Dan’s practice covers the full range of commercial litigation, arbitration, and advisory work. He specialises in complex, high-value disputes, particularly those with international elements. He often appears unled in High Court proceedings. He has full rights of audience in the courts of the Dubai International Financial Centre (DIFC) and is experienced in proceedings in the courts of the Abu Dhabi Global Market (ADGM).

Before joining chambers, Dan was an associate in the litigation and arbitration group of White & Case (London). While there, he represented a wide range of clients in LCIA and ICC arbitrations across the energy, commercial real estate, and telecommunications sectors. Before that, he completed the Oxford BCL, achieving first place in all four of his subjects.  He also completed a training contract with the leading Australian firm King & Wood Mallesons, focusing on disputes and transactional work across the energy and construction sectors.

Of Dan’s led work, recent highlights include:  

  • Bourlakova v Bourlakov (ChD)
    Acting for the claimants in proceedings against a deceased oligarch and his associates to unravel their attempts to put assets worth billions of dollars beyond the claimants’ reach in Monegasque matrimonial and estate proceedings. The claim involves allegations of deceit, forgery, offshore asset misappropriation and the deliberate destruction of evidence. Substantial hearings have included a five-day jurisdiction hearing ([2022] 4 WLR 79) and a three-day amendment and joinder hearing ([2023] EWHC 2233 (Ch)), both of which resulted in substantial victories for Dan's clients.
  • NMC Opco Ltd v Noor Bank PJSC (ADGM)
    Acting for the claimant in proceedings against former bankers of the NMC Healthcare group for fraudulent trading. The claim involves allegations of bribery and complicity in a multi-billion dollar fraud on the group by its former owners and managers.
  • Acting for a global financial institution in a dispute with a sovereign state. The dispute concerns whether the state has used all reasonable endeavours in good faith to recover the proceeds of a substantial fraud.
  • Acting for a private equity firm in a dispute with the founders of an industrials business in which the firm had invested. The claim involves allegations that the founders lied about the resignation of a senior employee, and about the business’ historic and forecast revenues.
  • Qatar Airways Group QCSC v Airbus SAS (TCC)
    Defending Airbus from multi-billion-dollar claims in relation to Qatar Airways’ fleet of A350 aircraft and whether Airbus was required to deliver a further fleet of A321neo aircraft. The case was one of The Lawyer’s Top 20 cases for 2023, but then settled before trial.
  • Sterritt v Investec Wealth & Investment Limited (Comm)
    Acting for an individual claiming millions of pounds after his asset manager lost the share certificate for most of his shares in an AIM-listed company. The loss of the certificate prevented the claimant from selling the shares before substantial falls in the company’s share price. In July 2022, Dan was heavily involved in successfully resisting an application to strike-out parts of the claim. He was then the advocate for the CCMC, after which the case settled.
  • Honeycomb.TV Limited v Ad Signal Limited (ChD)
    Acting for the claimant in proceedings against a former employee and a former contractor for copyright infringement, breach of confidence and various breaches of contract in relation to the creation of a competing business.
  • Pixdene Limited v Paddington and Company Ltd [2022] EWHC 2765 (IPEC)
    Acting for the claimant in proceedings to enforce an audit clause in a royalty distribution agreement in relation to merchandising income from the Paddington Bear character. Dan was solely responsible for all pleadings and was the advocate for the CMC and the consequentials hearing at which he successfully resisted an application for the claimant to pay the defendant’s costs of the proceedings. Press coverage here.
  • StormHarbour Securities LP v Noor Bank PJSC (DIFC)
    Defending a bank from claims for millions of dollars allegedly due from an aviation finance transaction. The case involved issues of contract interpretation and rectification against the background of a complex sukuk structure. Dan was the advocate for the CMC and was heavily involved in disclosure applications and trial preparation until the case settled.
  • UNCITRAL arbitration
    Defending a consumer goods business from claims for tens of millions of pounds under the Commercial Agents (Council Directive) Regulations 1993. The case involved novel legal issues as to whether those regulations applied to the parties’ cost-sharing arrangement, and detailed quantum issues as to the sharing of costs and liabilities as that arrangement was wound down.
  • SPIE UK Limited v Garside (Comm)
    Successfully defending the former owner of a construction business from claims for repayment of an earn-out under the sale and purchase agreement. The case involved legal issues as to whether the earn-out accounts could be re-opened, factual issues as to the buyer’s awareness of certain liabilities of the business, and accountancy issues as to the proper treatment of those liabilities in the earn-out accounts. After the claimant discontinued its claim, Dan was the advocate for a successful application for indemnity costs.
  • Cosmetic Warriors Limited v Lush Handmade Cosmetics Limited (ChD)
    Acting for the claimant in proceedings to recover the internet domain name “lush.com” for the benefit of the well-known cosmetics brand. Dan was the advocate for the first CCMC, dealing mostly with issues under the disclosure pilot scheme. The case later settled before trial.
  • Parsadoust v Hanging Gardens Limited [2021] EWHC 1594 (Comm)
    Acting for the successful claimant in proceedings to enforce a call option in respect of shares in Babylon Health, the digital healthcare provider. Dan was heavily involved from pre-action through to obtaining summary judgment. The case involved issues about a disputed oral agreement, alleged implied terms, the penalty doctrine, and relief from forfeiture.
  • Sogexia SAS v R Raphael & Sons Limited (ChD)
    Defending a former bank from claims for breach of two BIN sponsorship and card services agreements. Dan was heavily involved in successfully resisting an application for an injunction that would have prevented the bank from making a dividend to its shareholder and entering members’ voluntary liquidation. He was also involved in successfully obtaining a substantial security for costs order at the first CCMC, after which the case settled.
  • Omers Administration Corporation v Tesco plc (ChD)
    Acting for institutional investors claiming hundreds of millions of pounds in respect of the profit overstatement that Tesco revealed in autumn 2014. Until the claim settled shortly before trial, it would have been one of the first under FSMA section 90A to proceed to trial. It alleged fraudulent misrepresentations by Tesco to the knowledge of senior management.
  • BGC Brokers LP v Tradition (UK) Ltd (QBD)
    Defending Tradition, one of the City’s main inter-dealer brokerage firms, from high-value and bitterly fought claims by one of its main competitors. The claimants alleged breaches of confidence and an unlawful “team move” of brokers. Dan was heavily involved in a string of successful pre-trial hearings and appeals, preparing factual and expert evidence, and then the trial in late 2019. The case settled during cross-examination of the claimants’ key witnesses.
  • Rosdale Pte Limited v Degevol UK Limited (Comm)
    Acting for companies that sought to recover Kazakh mining assets that had been misappropriated by the companies’ former directors and controllers. Dan was heavily involved in case strategy, drafting particulars of claim, and preparing an application for permission to serve defendants outside the jurisdiction. The case settled shortly thereafter.

And as sole counsel:

  • Döser v Capriles (KBD)
    Defending a claim for delivery up of a vintage Porsche. The case involves issues as to the scope of the authority of the claimant’s agent, and about the rules in the Factors Act 1889 in relation to sales by mercantile agents.
  • Oceana GZ Trading Ltd v Herrco Cosmetics Ltd (Comm)
    Defending a cosmetics manufacturer from claims by a former client in relation to alleged delays in designing and developing new products. The claimant’s application for summary judgment was successfully resisted in February 2023.
  • The Air Ambulance Service v Specialist Aviation Services Limited (Comm)
    Defending rebate claims under a contract for the provision of air ambulance helicopters. The case involves legal issues as to the interpretation of force majeure and rebate provisions, and detailed factual issues as to historic service levels. In mid-2022, Dan was heavily involved in successfully resisting an application (withdrawn by consent) for an order for delivery up of various documents and technical specifications for the helicopters’ interiors.
  • Baugh v Work It Group Ltd (ChD)
    Defending claims brought by a former employee in relation to their shareholding in a fitness business. The case concerns the scope and application of good/bad leaver provisions in the company’s articles of association, and an alleged oral agreement to grant share options in a further company.
  • Obsidian Achernar Limited v Payinc Group Ltd (KBD)
    Acting for a Ghanaian financial services firm in proceedings for repayment of a loan made to an international payment services business. The claim settled shortly before a hearing of Dan’s client’s application for summary judgment.
  • Ahsan v Khan (ChD)
    Acting for an individual bringing claims against his former solicitor and the solicitor’s family to recover funds stolen from the client account. The case involved applications for Bankers Trust orders and for permission to serve a defendant out of the jurisdiction and by alternative methods. The solicitor was later struck off the roll. 
  • Hayes v Goodwin
    Acting for the claimant in a five-day trial of claims between investors in a residential property development. The case involved issues as to the disputed terms of an oral contract, the ownership of the development site, alleged misuse of project money, the parties’ respective contributions to the project and the division of the overall loss on the development.
  • ICC arbitration
    Defending claims under a contract for the sale of aluminium fluoride. Dan was the advocate for two CMCs and was to conduct the four-day main hearing until the case settled at the last minute. The case involved allegations of forgery, expert evidence on foreign law and a successful application to preserve the confidentiality of the proceedings.
  • Kirk v Letschew (ChD)
    Acting for the successful claimant in contribution proceedings arising out of a judgment against a company and its shareholders for software copyright infringement. Dan was the advocate for all three hearings in the case, including successfully resisting a jurisdiction challenge (full-day hearing) and obtaining summary judgment (half-day hearing).
  • RateSetter Trustee Services Limited v Purvis (Comm)
    Defending a former company director from claims under his personal guarantee of a loan made to the company. Dan was the advocate for the CCMC, dealing with disclosure issues and costs budgeting.
  • Norwich Craft Beer Company Limited v Evans (ChD)
    Defending a majority shareholder and former director in proceedings against a minority shareholder for control of the Bullards brands of beer and gin. Dan drafted several pleadings and successfully obtained security for costs at the first CCMC.
  • Examples of Recent Cases

    • Arbitration

      • UNCITRAL arbitration
        Defending a consumer goods business from claims for tens of millions of pounds under the Commercial Agents (Council Directive) Regulations 1993. The case involved novel legal issues as to whether those regulations applied to the parties’ cost-sharing arrangement, and detailed quantum issues as to the sharing of costs and liabilities as that arrangement was wound down.
      • ICC arbitration
        Defending claims under a contract for the sale of aluminium fluoride. Dan was the advocate for two CMCs and was to conduct the four-day main hearing until the case settled at the last minute. The case involved allegations of forgery, expert evidence on foreign law and a successful application to preserve the confidentiality of the proceedings.
      • As sole counsel, advising on exceptions to the confidentiality of arbitration proceedings.
      • LCIA arbitration
        While at White & Case (London), defending a claim for the price of a controlling stake in one of the Ukraine’s largest companies. The defence concerned risks that the company would be renationalised because the seller had failed to ensure compliance with a privatisation agreement.
      • LCIA arbitration
        While at White & Case (London), acting for a minority shareholder bringing claims in relation to an oil and gas project in Kazakhstan. The case involved technical drilling issues, mismanagement by the project’s operator and disputes about the shareholders’ funding obligations.
        While at White & Case (London), advising a French private equity firm in resolving contractual disputes that arose during an M&A investment in the chocolate and confectionary sector.
    • Banking and Financial Services

      • As sole counsel, defending a start-up Fintech platform from claims by its former payment services provider. The dispute involves issues as to the effect of a payment plan and the recovery of sums allegedly due in respect of the period after the parties’ contract was terminated.
      • As sole counsel, defending claims to enforce a promissory note executed in connection with a share subscription facility.
      • Obsidian Achernar Limited v Payinc Group Ltd (KBD)
        As sole counsel, acting for a Ghanaian financial services firm in proceedings for repayment of a loan made to an international payment services business. The claim settled shortly before a hearing of Dan’s client’s application for summary judgment.
      • Sterritt v Investec Wealth & Investment Limited (Comm)
        Acting for an individual claiming millions of pounds after his asset manager lost the share certificate for most of his shares in an AIM-listed company. The loss of the certificate prevented the claimant from selling the shares before substantial falls in the company’s share price. In July 2022, Dan was heavily involved in successfully resisting an application to strike-out parts of the claim. He was then the advocate for the CCMC, after which the case settled.
      • StormHarbour Securities LP v Noor Bank PJSC (DIFC)
        Defending a bank from claims for millions of dollars allegedly due from an aviation finance transaction. The case involved issues of contract interpretation and rectification against the background of a complex sukuk structure. Dan was the advocate for the CMC and was heavily involved in disclosure applications and trial preparation until the case settled.
      • Sogexia SAS v R Raphael & Sons Limited (ChD)
        Defending a former bank from claims for breach of two BIN sponsorship and card services agreements. Dan was heavily involved in successfully resisting an application for an injunction that would have prevented the bank from making a dividend to its shareholder and entering members’ voluntary liquidation. He was also involved in successfully obtaining a substantial security for costs order at the first CCMC, after which the case settled.
      • RateSetter Trustee Services Limited v Purvis (Comm)
        As sole counsel, defending a former company director from claims under his personal guarantee of a loan made to the company. Dan was the advocate for the CCMC, dealing with disclosure issues and costs budgets.
      • Advising a bank on limitation and similar defences to claims to rescind financial instruments because of an alleged fraud by the claimant’s former controllers.
      • Assisting a bank with pre-action correspondence in respect of claims against a Caribbean nation for payment under a promissory note.
    • Civil Fraud and Economic Torts

      • Bourlakova v Bourlakov (ChD)
        Acting for the claimants in proceedings against a deceased oligarch and his associates to unravel their attempts to put assets worth billions of dollars beyond the claimants’ reach in Monegasque matrimonial and estate proceedings. The claim involves allegations of deceit, forgery, offshore asset misappropriation and the deliberate destruction of evidence. Substantial hearings have included a five-day jurisdiction hearing ([2022] 4 WLR 79) and a three-day amendment and joinder hearing ([2023] EWHC 2233 (Ch)), both of which resulted in substantial victories for Dan’s clients.
      • NMC Opco Ltd v Noor Bank PJSC (ADGM)
        Acting for the claimant in proceedings against former bankers of the NMC Healthcare group for fraudulent trading. The claim involves allegations of bribery and complicity in a multi-billion dollar fraud on the group by its former owners and managers.
      • Acting for a private equity firm in a dispute with the founders of an industrials business in which the firm had invested. The claim involves allegations that the founders lied about the resignation of a senior employee, and about the business’ historic and forecast revenues.
      • Ahsan v Khan (ChD)
        As sole counsel, acting for an individual bringing claims against his former solicitor and the solicitor’s family to recover funds stolen from the client account. The case involved applications for Bankers Trust orders and for permission to serve a defendant out of the jurisdiction and by alternative methods. The solicitor was later struck off the roll.
      • Omers Administration Corporation v Tesco plc (ChD)
        Acting for institutional investors claiming hundreds of millions of pounds in respect of the profit overstatement that Tesco revealed in autumn 2014. Until the claim settled shortly before trial, it would have been one of the first under FSMA section 90A to proceed to trial. It alleged fraudulent misrepresentations by Tesco to the knowledge of senior management.
      • Rosdale Pte Limited v Degevol UK Limited (Comm)
        Acting for companies that sought to recover Kazakh mining assets that had been misappropriated by the companies’ former directors and controllers. The case settled shortly after detailed particulars of claim were provided to the defendants.
    • Commercial Litigation

      • Qatar Airways Group QCSC v Airbus SAS (TCC)
        Defending Airbus from multi-billion-dollar claims in relation to Qatar Airways’ fleet of A350 aircraft and whether Airbus was required to deliver a further fleet of A321neo aircraft. The case was one of The Lawyer’s Top 20 cases for 2023, but then settled before trial.
      • Döser v Capriles (KBD)
        As sole counsel, defending a claim for delivery up of a vintage Porsche. The case involves issues as to the scope of the authority of the claimant’s agent, and about the rules in the Factors Act 1889 in relation to sales by mercantile agents.
      • Oceana GZ Trading Ltd v Herrco Cosmetics Ltd (Comm)
        As sole counsel, defending a cosmetics manufacturer from claims by a former client in relation to alleged delays in designing and developing new products.  An application by the claimant for summary judgment was successfully resisted in February 2023.
      • The Air Ambulance Service v Specialist Aviation Services Limited (Comm)
        As sole counsel, defending rebate claims under a contract for the provision of air ambulance helicopters. The case involves legal issues as to the interpretation of force majeure and rebate provisions, and detailed factual issues as to historic service levels.
      • As sole counsel, acting for a farming co-operative bringing claims against one of its members, and against the member’s guarantors, for payment of outstanding invoices.
      • As sole counsel, defending claims for payment for engineering services. The case involves issues as to payment terms and the adequacy of the services provided.
      • As sole counsel, acting for a software business seeking payment of disputed invoices and in relation to the termination of the underlying software supply contract.
      • As sole counsel, advising a jewellery dealer on claims against a jewellery designer for breach of a profit-sharing agreement
      • SPIE UK Limited v Garside (Comm)
        Successfully defending the former owner of a construction business from claims for repayment of an earn-out under the sale and purchase agreement. The case involved legal issues as to whether the earn-out accounts could be re-opened, factual issues as to the buyer’s awareness of certain liabilities of the business, and accountancy issues as to the proper treatment of those liabilities in the earn-out accounts. After the claimant discontinued its claim, Dan was the advocate for a successful application for indemnity costs.
      • Hayes v Goodwin
        As sole counsel, acting for the claimant in a five-day trial of claims between investors in a residential property development. The case involved issues as to the disputed terms of an oral contract, the ownership of the development site, alleged misuse of project money, the parties’ respective contributions to the project and the division of the overall loss on the development.
      • As sole counsel, advising a transport business on claims by a consultancy firm for allegedly outstanding fees.
      • Da Silva v Lucas (ChD)
        Defending the owners of a Portuguese residential development project from a claim for specific performance of a call option in respect of their stake in the project.
      • As sole counsel, acting for individuals bringing claims against two of their former friends to recover a loan and interest of more than £750,000. The case then settled at a mediation in which Dan was heavily involved.
      • As sole counsel, advising a university on its positions under various contracts with suppliers following the coronavirus.
      • As sole counsel, advising a major accounting firm on claims against HMRC for overpaid taxes.
      • As sole counsel, advising a clothing manufacturer on claims under a series of sale and export contracts.
    • Confidential Information and Data Protection

      • The Air Ambulance Service v Specialist Aviation Services Limited (Comm)
        As sole counsel, successfully resisting an application (withdrawn by consent) for an order for delivery up of various documents and technical specifications in relation to the interiors of certain helicopters.
      • Honeycomb, TV Limited v Ad Signal Limited (ChD)
        Acting for the claimant in proceedings against a former employee and a former contractor for copyright infringement, breach of confidence and various breaches of contract in relation to the creation of a competing business.
      • As sole counsel, advising a consultancy business on various claims against former employees for misusing confidential information and for breaches of post-termination restrictive covenants.
      • BGC Brokers LP v Tradition (UK) Ltd (QBD)
        Defending Tradition, one of the City’s main inter-dealer brokerage firms, from high-value and bitterly fought claims by one of its main competitors. The claimants alleged breaches of confidence and an unlawful “team move” of brokers. Dan was heavily involved in a string of successful pre-trial hearings and appeals, preparing factual and expert evidence, and then the trial in late 2019. The case settled during cross-examination of the claimants’ key witnesses.
      • As sole counsel, advising a food wholesaler on claims against some of its former employees for copying confidential documents and using them to establish a competing business.
      • As sole counsel, successfully defending an online retailer in employment proceedings concerning data protection.
    • Energy and Natural Resources

      • Advising a fund manager on claims for breach of a lock-out agreement in relation to the financing of a gold mine in West Africa.
      • While at White & Case (London), acting for the minority shareholder in LCIA proceedings concerning an oil and gas project in a former Soviet state. The case involved technical drilling issues, mismanagement by the operator and disputes about the shareholders’ funding obligations.
      • While at King & Wood Mallesons (Sydney), acting for the majority shareholder in a joint-venture dispute concerning the construction of a diesel storage facility. The case involved technical construction issues, alleged breaches of directors’ duties and allegations of procurement fraud against the contractor and minority shareholder.
      • While at King & Wood Mallesons (Sydney), acting for borrowers and lenders on a range of project finance transactions across the coal, gas, and clean energy sectors.
    • Injunctions

      • The Air Ambulance Service v Specialist Aviation Services Limited (Comm)
        As sole counsel, successfully resisting an application (withdrawn by consent) for an order for delivery up of various documents and technical specifications in relation to the interiors of certain helicopters.
      • As sole counsel, advising on prospects and strategy for an interim injunction to maintain a business' operations depite a shareholder dispute as to the business' owenership and management. 
      • Sogexia SAS v R Raphael & Sons Limited (ChD)
        Successfully resisting an application for an injunction sought to restrain the defendant from making a dividend to its shareholder before entering members’ voluntary liquidation. The injunction was sought on the basis that the dividend would breach section 423 of the Insolvency Act 1986, as the defendant was allegedly insolvent and making allegedly inadequate provisions for the claimant’s claims for damages in the underlying proceedings.
      • As sole counsel, advising on prospects and strategy for an interim injunction to hold a former employee to their post-termination restrictive covenants.
      • As sole counsel, advising on prospects and strategy for an interim injunction in support of a claim against a former employee for misusing confidential information.
      • Advising claimants on the merits and tactical importance of various applications for freezing orders.
    • Insurance

      • Acting for solicitors in proceedings against their former client’s legal expenses insurer. The case involves issues as to the scope of coverage and whether the solicitors should have ceased to act because of alleged concerns as to the prospects of the former client’s claims.
      • Advising insurers on the scope of a professional indemnity policy.
      • Advising on potential claims against a solicitor’s run-off insurers.
    • Intellectual Property

      • Honeycomb.TV Limited v Ad Signal Limited (ChD)
        Acting for the claimant in proceedings against a former employee and a former contractor for copyright infringement, breach of confidence and various breaches of contract in relation to the creation of a competing business.
      • Pixdene Limited v Paddington and Company Ltd [2022] EWHC 2765 (IPEC)
        Acting for the claimant in proceedings to enforce an audit clause in a royalty distribution agreement in relation to merchandising income from the Paddington Bear character. Dan was solely responsible for all pleadings and was the advocate for the CMC and the consequentials hearing, at which he successfully resisted an application for the claimant to pay the defendant’s costs of the proceedings. . Press coverage here.
      • Cosmetic Warriors Limited v Lush Handmade Cosmetics Limited (ChD)
        Acting for the claimant in proceedings to recover the internet domain name “lush.com” for the benefit of the well-known cosmetics brand. Dan was the advocate for the first CCMC, dealing mostly with issues under the disclosure pilot scheme. The case later settled before trial.
      • Pixdene Limited v Paddington and Company Limited [2020] EWHC 3907 (IPEC)
        Application for pre-action disclosure in respect of possible claims for breach of a Braganza duty.
      • As sole counsel, advising a TV production company on the termination of a content distribution agreement.
    • Jurisdiction and Conflict of Laws

      • Bourlakova v Bourlakov [2022] 4 WLR 79
        At a five-day hearing, successfully resisting jurisdiction challenges that raised issues of contested domicile, forum non conveniens, lis alibi pendens, an arbitration stay and service pursuant to the Hague Convention. The proceedings involve substantive claims under English, Monegasque, Panamanian and Swiss law.
      • Kirk v Letschew (ChD)
        As sole counsel, successfully resisting a jurisdiction challenge in contribution proceedings against a German national (full-day hearing).
      • Rosdale Pte Limited v Degevol UK Limited (Comm)
        Acting for companies that sought to recover Kazakh mining assets that had been misappropriated by the companies’ former directors and controllers. 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.
    • Professional Negligence

      • As sole counsel, defending several commercial tenants from claims for turnover rent. The case involves issues of contract interpretation and rectification, and an alternative Part 20 claim against the solicitors who advised the tenants in relation to the leases.
      • As sole counsel, acting for a design business bringing claims against its former HR adviser in respect of advice on a contested redundancy. The case settled shortly before a defence was due.
      • As sole counsel, advising individuals on claims against their tax advisers for failing to recommend a more tax-efficient structure for selling their business.
      • As sole counsel, acting for an accounting firm claiming overdue fees and defending a counterclaim arising out of a fraud allegedly committed on one of the firm’s former clients.
      • Advising solicitors on a suspected cyber fraud.
    • Recent Advocacy Experience

      • Data Conversion Systems Ltd v Oakley (KBD)
        Application for a final charging order.
      • Oceana GZ Trading Ltd v Herrco Cosmetics Ltd (Comm)
        Successfully resisting an application for summary judgment at a full-day hearing.
      • Pixdene Limited v Paddington and Company Limited (IPEC)
        Half-day consequentials hearing, successfully resisting an application for the claimant to pay the defendant’s costs of the proceedings.
      • Oceana GZ Trading Ltd v Herrco Cosmetics Ltd (Comm)
        Half-day hearing dealing with various requests for further information, an extension of time for the defence, and security for costs.
      • Pixdene Limited v Paddington and Company Limited (IPEC)
        CMC dealing mostly with disclosure issues.
      • SPIE UK Limited v Garside (Comm)
        Successful application for indemnity costs following the claimant’s discontinuance of its claim.
      • StormHarbour Securities LP v Noor Bank PJSC (DIFC)
        CMC dealing mostly with timetabling issues.
      • Hayes v Goodwin
        Five-day trial of claims between investors in a residential property development. The case involved issues as to the disputed terms of an oral contract, the ownership of the development site, alleged misuse of project money, the parties’ respective contributions to the project and the division of the overall loss on the development.
      • ICC arbitration
        Defending claims under a contract for the sale of aluminium fluoride. Dan was the advocate for two CMCs and was to conduct the four-day main hearing until the case settled at the last minute.
      • Cosmetic Warriors Limited v Lush Handmade Cosmetics Limited (ChD)
        CCMC dealing mostly with issues under the disclosure pilot scheme.
      • Kirk v Letschew (ChD)
        Obtaining summary judgment on a claim for contribution and successfully resisting an application for permission to amend the defence.
      • Kirk v Letschew (ChD)
        Successfully resisting a jurisdiction challenge in contribution proceedings against a German national (full-day hearing).
      • RateSetter Trustee Services Limited v Purvis (Comm)
        Full-day CCMC dealing mostly with disclosure issues and costs budgeting.
      • Cawood v Sunningdale Golf Club
        Application for indemnity costs and a substantial payment on account of the claimant’s costs.
      • Norwich Craft Beer Company Limited v Evans (ChD)
        CCMC involving a successful application for security for costs and disputed costs budgets.
    • Shareholder Disputes and Company Law

      • Acting for a private equity firm in a dispute with the founders of an industrials business in which the firm had invested. The claim involves allegations that the founders lied about the resignation of a senior employee, and about the business’ historic and forecast revenues. The founders allege that, after the firm’s investment, they were wrongly excluded from the business.
      • Baugh v Work It Group Ltd (ChD)
        As sole counsel, defending claims brought by a former employee in relation to their shareholding in a fitness business. The case concerns the scope and application of good/bad leaver provisions in the company’s articles of association, and an alleged oral agreement to grant share options in a further company.
      • As sole counsel, acting for individuals seeking to regain control of a nightclub in which they had invested. The dispute involved alleged failures to issue shares in the holding company, alleged exclusion from management, potential injunctive relief, and contested contributions to the business.
      • Parsadoust v Hanging Gardens Limited [2021] EWHC 1594 (Comm) 
      • Acting for the successful claimant in proceedings to enforce a call option in respect of shares in Babylon Health, the digital healthcare provider. Dan was heavily involved from pre-action through to obtaining summary judgment. The case involved issues about a disputed oral agreement, alleged implied terms, the penalty doctrine, and relief from forfeiture.
      • Kirk v Letschew (ChD)
      • As sole counsel, acting for the successful claimant in contribution proceedings arising out of a judgment against a company and its shareholders for software copyright infringement. Dan was the advocate for all three hearings in the case, including in successfully resisting an application for permission to amend the defence to introduce allegations that the claimant had misappropriated company assets.
      • Norwich Craft Beer Company Limited v Evans (ChD)
      • Defending a majority shareholder and former director in proceedings against a minority shareholder for control of the Bullards brands of beer and gin. Dan drafted several pleadings and successfully obtained security for costs at the first CCMC.
      • Advising minority shareholders in a UK healthcare business on claims of unfair prejudice and wrongful competition by the majority shareholder.
      • While at King & Wood Mallesons (Sydney), acting for the majority shareholder in a joint-venture dispute concerning the construction of a diesel storage facility. The case involved technical construction issues, alleged breaches of directors’ duties and allegations of procurement fraud.
  • What the Directories Say

    The Legal 500 2024 (Commercial Litigation) - 'Daniel is commercially astute, incredibly smart, extremely rigorous in his analysis, and very hardworking. He is able to quickly and easily get on top of complex legal matters, and deals well with pressure.'

    Chambers & Partners 2024 (Commercial Dispute Resolution) - ‘Daniel is a go-to junior with strong commercial acumen, who provides first class legal analysis.’

    Chambers & Partners 2024 (Commercial Dispute Resolution) - 'Dan is an excellent barrister - he's down to earth, great with clients and highly intelligent.'

    Chambers & Partners 2024 (Commercial Dispute Resolution) - 'Daniel Fletcher is strategically very strong.'

  • 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

    • Registered Legal Practitioner with full rights of audience, DIFC Courts (Dubai) [2021]
    • 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, King & Wood Mallesons Sydney [2014-15]

Latest

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One Essex Court featured in 7 of The Lawyer’s Top 20 Cases of 2023

One Essex Court is delighted that 18 members of chambers are involved across 7 of the cases featured in...

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Jurisdiction challenges rejected in $3 billion fraud claim

On 26 May 2022, Trower J handed down judgment on Bourlakova v Bourlakov & others [2022] EWHC 1269...

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