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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 international elements. 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. 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:

  • SPIE UK Limited v Garside (Comm)
    Defending the former owners of a construction business from claims for repayment of an earn-out under the sale and purchase agreement. The case involves legal issues as to whether the earn-out accounts can 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.
  • 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.
  • Parsadoust v Hanging Gardens Limited (Comm)
    Acting for the claimant in proceedings to enforce a call option in respect of shares in Babylon Health, the digital healthcare provider.
  • Pixdene Limited v Paddington and Company Ltd (IPEC)
    Application for pre-action disclosure to assess claims for breach of a royalty distribution agreement in relation to merchandising income from the Paddington Bear character.
  • 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 disclosure under the pilot scheme.
  • 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.
  • 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 it settled shortly before trial, the claim would have been 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:

  • 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
  • Hayes v Goodwin
    Five-day trial of claims between investors in a residential property development. The case involved issues as to the terms of the parties’ oral contract, the ownership of the development site, alleged misuses of project money, and the parties’ respective contributions to the project and their shares of the overall loss.
  • 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 it 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 at the CCMC, dealing with disclosure issues and costs budgeting.
  • Norwich Craft Beer Company Limited v Evans (ChD)
    Defending the 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.