Daisy Boulter

Call 2010

Daisy has a varied commercial chancery practice and regularly appears as a sole advocate in the High Court as well as in the County Court. In addition, she is often instructed as part of a team in large scale and high value matters.

Daisy’s experience extends across Chambers’ main practice areas. She has also developed experience offshore after having spent four months on secondment in the Litigation and Insolvency department of a leading law firm in Guernsey and ten months as a consultant in the Private Client and Trusts department of a leading law firm in Jersey.

Daisy welcomes instructions for advocacy, drafting and advisory work in relation to:

  • contentious trusts, probate and estates – including claims arising out of lack of testamentary capacity; knowledge and approval; Inheritance Act claims; mistake and rectification; construction of wills; claims for breach of trust and recovery of trust assets; removal of trustees/personal representatives; Beddoe relief and applications to Court for directions; professional negligence claims by disappointed beneficiaries under the White v Jones.
  • business, commercial and contractual disputes – including disputes over loans, share purchase agreements and facility agreements; agency and consultancy arrangements; guarantees and indemnities; construction, validity, enforceability and termination of contracts. 
  • corporate and individual insolvency – all aspects of bankruptcy, liquidation, administration and voluntary arrangements; applications in insolvency proceedings (e.g. rescission, annulment, setting aside statutory demands, restraint of advertisement and validation orders); transactions at undervalue and preferences.
  • trusts, civil fraud and asset recovery – including the creation and enforcement of trusts; disputes involving breach of fiduciary duty; dishonest assistance and knowing receipt; claims in deceit, conspiracy and other economic torts.
  • company and partnership – including breach of directors’ duties; shareholder disputes, unfair prejudice petitions and derivative claims; partnership disputes and claims arising out of joint ventures; dissolution. 
  • property – claims regarding the beneficial ownership of land; undue influence; common intention constructive trusts and proprietary estoppel; TOLATA claims, orders for sale and enforcement of charging orders.
  • Commercial, civil fraud & asset tracing

    Daisy has been instructed on a broad range of commercial and contractual disputes. Her cases often involve an international element, which involve considerations of governing law, jurisdiction and service out of the jurisdiction. Illustrative commercial cases include:

    • Kotak v Kotak [2018] EWHC 318 (Ch) – Instructed (with Adam Chichester-Clark) for a partner (JK) in two-week trial in a complex partnership dispute against his brother (DK). Succeeded in establishing that: (i) multi-million-pound borrowings were obtained without JK’s knowledge or consent; (ii) JK’s signature had been forged on some 28 loan agreements totalling around £11M; and (iii) significant amounts of partnership funds had been used by DK for non-partnership purposes. DK’s application for permission to appeal this judgment was refused by both the lower court and the Court of Appeal. The case is ongoing and involves issues concerning forgery, breach of fiduciary duty, construction of bank mandates, one partner’s liability to third parties, insolvency and the taking of specific accounts.
    • Instructed by an investor in relation to a business dispute concerning the acquisition of shares in a US company. The case involved issues concerning the construction of contracts, breach of contract, estoppel and waiver and declarations of trust. The case recently settled.
    • Les Ambassadeurs Club Ltd v Kolia [2017] – Acted for a Mayfair casino in proceedings against a former client resident in Singapore and its successful application for a freezing order in the Queen’s Bench Division. The return date for the freezing order was reported in the press: https://www.telegraph.co.uk/news/2017/08/14/les-ambassadeurs-club-mayfair-sues-gambler-over470000-debt/. Daisy has been instructed by a number of high-end London casinos in gambling disputes, including applications for a worldwide freezing orders, service out of the jurisdiction and other interim relief.
    • Phoenix Group Foundation v Cochrane et al [2016] – Instructed (with Edward Bartley-Jones QC and Adam Chichester-Clark) for a BVI company and a Panama Foundation in their successful application for freezing orders up to the value of £145M against the second to fifth defendants in the Queen’s Bench Division. The freezing injunction arose from a claim to recover around £73M from the first defendant under the terms of a loan note, which had been entered into as part of a settlement of complex multi-party proceedings. The second to fifth defendants (including 3 individuals and a Marshall Islands company) were added as parties to an additional claim in conspiracy against them.
    • Acted for the successful defendant company at a 3-day trial in which the Court dismissed all the claimant’s claims based on an alleged contract for introductory services and declarations relating to the validity of a guarantee. The Court found that the claimant had deliberately misled the Court and had fabricated documents to support his claim. Daisy was also instructed in the related bankruptcy proceedings against the claimant debtor and successfully opposed the claimant’s applications for a review, annulment and a stay of the bankruptcy proceedings.
    • Acted for a company in the business of security for high profile clients in its application for an injunction restraining its former employee from breaching restrictive covenants and disclosing confidential information.
    • Acted for the defendant insurer in successfully setting aside an order for permission to serve a claim form outside of the jurisdiction on the basis that the claimant had breached its duty of full and frank disclosure and an arbitration agreement.
    • Instructed for the defendant in proceedings in the Queen’s Bench Division involving a claim for sums arising from the termination of a lease agreement following the destruction of an industrial shredder at a waste recycling facility. The case settled before trial.
    • Instructed by four defendants in proceedings in the Queen’s Bench Division concerning the construction and validity of facility agreements, debentures and guarantees relating to the marketing of real estate in Cape Verde.
    • Instructed in a trial concerning a contractual claim relating to the provision of maintenance services to an elevator. The case settled mid-trial.
  • Trusts, Probate & Estates

    Daisy provides a wide range of advocacy, drafting and advisory work in contentious trust and probate matters. Illustrative cases include:

    • Advising the sole beneficiary of a will in relation to challenges based on alleged lack of testamentary capacity and want of knowledge and approval resulting from the testator suffering from the effects of a brain tumour and bipolar affective disorder. Advising on a alternative claims based on proprietary estoppel and common intention constructive trust (ongoing).
    • Acting for a beneficiary in relation to an application for the removal of an executor and for directions from the Court in relation to the validity of a tax scheme and an alleged sham offshore trust (ongoing).
    • Acting in a dispute involving a claim that the deceased made a gift conditional on his death pursuant to the principle of donatio mortis causa (ongoing).
    • Instructed by surviving spouses, adult children and minors in respect of claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (various cases ongoing).
    • Acting for the sole beneficiary in respect of an alleged proprietary estoppel claim arising from the construction of a bungalow on a farm and allegations of undue influence (ongoing).
    • Acting for personal representatives of an estate in the context of a potential claim to recover substantial sums misappropriated by a beneficiary during the lifetime of the deceased and related Beddoe relief (ongoing).
    • Acting for a disappointed beneficiary in respect of a potential claim in negligence under the principles in White v Jones against the testator’s solicitors arising from their alleged failure to properly advise the testator in respect of his last will (ongoing).
    • Successfully obtained an interim injunction in the Chancery Division to prevent the sale of a property pending a claim for a declaration that the said property was beneficially owned by the deceased’s estate.
    • Advised a beneficiary of the deceased’s estate on a professional negligence claim against the draftsman of the deceased’s last will.
    • Advised beneficiaries of the estate on various ongoing issues, including a lost will, beneficiaries’ rights to information and setting aside a notice of severance and other lifetime transactions for lack of capacity and undue influence.
    • Instructed on a range of Court of Protection matters, including applications for the removal of deputies, statutory wills, the ratification of gifts and setting aside Lasting Powers of Attorney on various grounds.
    • Acted for two residuary beneficiaries at trial and successfully opposed an application in the Court of Protection by P’s friend for a statutory will relating to assets worth £1.3M and for the retrospective ratification of substantial lifetime gifts.
    • Re Walker Deceased [2015] WTLR 493 – Instructed to appear as sole counsel for the claimants in this case at the disputed application for expert evidence. The claim involved a challenge to the deceased’s will on the grounds of lack of testamentary capacity and want of knowledge and approval arising from the deceased’s psychosis.
  • Partnerships, joint ventures & company law

    Daisy has advised and acted on a wide range of director, shareholder and partnership disputes including, unfair prejudice petitions and derivative claims, claims involving transactions at an undervalue and breach of directors’ duties. Illustrative cases include:

    • Instructed (with Adam Chichester-Clark) in an ongoing dispute in which it is alleged that one of the partners utilised partnership assets on various occasions for his personal benefit or for the benefit of companies in which he held an interest and breached his duties in various respects (including diverting rental income, failing to disclose partnership documents and operating a business in competition with the partnership). Daisy is also instructed in the dissolution of the partnership and various claims for specific accounts.
    • Instructed (with David Lord QC) in relation to a claim by a partner against a bank in respect of the construction of a bank mandate and the scope of one partner’s ability to bind a partnership to third parties under s.5 of the Partnership Act 1890.
    • Instructed (with David Lord QC) in relation to a dispute arising from the enforcement of an indemnity provided during the acquisition of shares. The case concerned the construction of an indemnity; voidable transactions under s.195 of the Companies Act 2006 and the application of the Duomatic principle.
    • Instructed (with Adrian Francis) to act for a defendant property consultant in a dispute over whether a multi-million pound UK investment property portfolio had been acquired pursuant to a partnership or a joint venture agreement between the parties. The case spanned a wide range of legal issues, including partnership, company law, civil fraud, breach of fiduciary duty, taxation and professional negligence.
    • Advised a director/shareholder on unfair prejudice proceedings and derivative claims involving transactions at an undervalue, his exclusion from management of the company and the misapplication of company assets by his former co-directors.
    • Advised directors in relation to a liquidator’s claims alleging transactions at an undervalue, misfeasance, unlawful directors’ loans and breach of directors’ duties.
  • Insolvency

    Daisy is instructed on a wide range of insolvency disputes and has regularly appeared in the High Court and the County Court in relation to various individual and corporate insolvency matters, including applications for restoration to the register, setting aside statutory demands, validation orders, rescission, restraint of advertisement, annulment and reviews. Illustrative cases include:

    • Instructed in relation to the insolvency of a partnership resulting from the alleged misapplication of partnership funds and the fraud by one partner. Instructed in relation to the specific and dissolution accounts (ongoing).
    • Advising in relation to a potential application under section 339 and section 423 of the Insolvency Act 1986 by a trustee in bankruptcy.
    • Instructed by a businessman and football club owner in relation to setting aside a statutory demand in relation to a disputed debt for alleged services for the provision of finance.
    • Instructed to advise and appear on behalf of trustees in the context of various applications in the course of insolvency, including applications for possession and the sale of property, transactions at an undervalue and preferences.
    • Nortel Networks UK Limited – Acted on behalf of the joint administrators of Nortel Networks UK Ltd and the Nortel companies operating in Europe, the Middle East and Africa to analyse the depositions of hundreds of witnesses and foreign expert reports. This was one of the largest insolvencies with proceedings taking place in Delaware, Ontario and the UK.
  • Offshore

    Daisy has a particular interest in work in offshore jurisdictions following her secondments at a leading law firm in Guernsey and Jersey between 2012 and 2015. Illustrative cases include:

    • Instructed in relation to a claim for a beneficial interest in shares in a Jersey company, which is the registered owner of real property in the UK worth in the region of £3M (ongoing).
    • Instructed to advise and draft skeleton arguments in relation to an application by a Guernsey trustee in the Royal Court for directions involving a $12M trust governed by the law of the Bahamas.
    • Advised and drafted various instruments to restructure a Jersey law trust to comply with rules relating to foreign grantor trusts in the US. This matter involved a high-profile political figure in Georgia.
    • Instructed (with Richard Wilson QC) to advise and draft documentation in support of a trustee’s application in the Royal Court for directions on various issues potentially affecting the validity and UK tax exposure of 1,500 Jersey law trusts and EBTs.
    • Khan v Gany Holdings BVIHC (Com) No.10 of 2012 (2013) – Instructed (with Richard Wilson QC and Alan Boyle QC) in this complex offshore trust dispute in the British Virgin Islands in respect of the removal of office holders, beneficiaries’ rights to information and an account.
    • Illustrative case on secondment in Jersey and Guernsey include:
      • Advised and drafted an application in the Royal Court in Jersey to set aside an instrument of appointment and exclusion resulting in unforeseen French tax liabilities and disclosure obligations on the grounds of the statutory Hastings-Bass jurisdiction and mistake.
      • Advised a high net worth businesswoman on the Czech Forbes “rich list” and drafted bespoke provisions of a charter and regulations of a Jersey foundation holding assets of around £50M.
      • Advised on the implications of numerous potentially invalid ex officio appointments of trustees and enforcers of a charitable purpose trust. This matter subsequently involved drafting complex supplemental instruments of amendment, rectification, confirmation and appointment on behalf of numerous prominent figures in Jersey to remedy these historical drafting errors.
      • Drafted bespoke and complex trust instruments and foundation regulations for high net worth individuals and families together with a wide variety of supplemental trust instruments (including instruments of appointment, resignation, removal, amendment, confirmation, termination, release and indemnities).
  • Offshore secondments
    • Appleby, Jersey (Private Client and Trusts) (2014 – 2015) – Daisy spent ten months as a Consultant in the Private Client and Trust department in Jersey. She gained extensive experience across a broad range of contentious and non-contentious trust-related matters, including advising both local and international clients on the establishment and administration of Jersey trusts and foundations, statutory Hastings-Bass and mistake applications, applications to remove trustees, issues arising from insolvent trusts, conflicts of interest and claims for breach of fiduciary duty.
    • Appleby, Guernsey (Litigation and Insolvency) (2012 – 2013) – Daisy spent four months on secondment to the Litigation and Insolvency department in Guernsey. During this time, she advised and settled proceedings in relation to a broad range of claims in Guernsey, including a £900M dispute in Guernsey arising from the novation of a security interest agreement. This matter concerned claims for breach of directors’ duties, knowing receipt and dishonest assistance against multiple defendants.
  • Education
    • 2009-2010: BPP Law School (BVC) – Very Competent
    • 2005-2008: University of Kent (LLB) – First Class
  • Professional memberships
    • Chancery Bar Association
    • COMBAR
  • Scholarships
    • The Sir Thomas More Bursary (Lincoln’s Inn)
    • Hardwicke Entrance Scholarship (Lincoln’s Inn)
    • Kent Law School Prize (University of Kent)
  • Seminars

    Daisy regularly gives seminars and lectures on areas within her expertise and is available to provide talks and seminars upon request.

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