Daisy Boulter

Call 2010

Daisy is instructed in all areas of Chambers’ work, including contentious probate and trusts, claims under the Inheritance (Provision for Family and Dependants) Act 1975, insolvency law, company law, civil fraud (including injunctions and other interim relief), professional negligence and commercial litigation. She regularly appears as a sole advocate in the High Court and the County Court in the commercial and chancery fields.

Daisy 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.

The following examples illustrate the breadth of commercial and chancery areas upon which Daisy typically advises:

  • Advised on a wide range of trust-related matters, including breach of fiduciary duties, the removal of trustees, Beddoe relief, applications for directions, Hastings-Bass and mistake claims, indemnities, insolvent trusts, invalid appointments of trustees and beneficiaries’ rights to information.
  • Instructed on claims involving challenges to wills on the grounds of lack of testamentary capacity, want of knowledge and approval and undue influence.
  • Instructed by surviving spouses, adult children and minors  on claims under the Inheritance (Provision for Family and Dependants) Act 1975 (including applications for interim orders).
  • Advised on claims against property, including proprietary estoppel and common intention constructive trust claims.
  • Advised on a wide range of trust related matters, including fiduciary duties, the removal of trustees, Beddoe relief, applications for directions, Hastings-Bass and mistake claims, indemnities, insolvent trusts, invalid appointment of trustees and beneficiaries rights to information.
  • 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.
  • Instructed on various commercial and contractual disputes, including claims relating to the construction and validity of facility agreements, debentures and guarantees in a wide range of fields.
  • Advised directors, shareholders and liquidators on unfair prejudice proceedings and derivative claims and claims involving transactions at an undervalue, exclusion from management of the company, the misapplication of assets, unlawful directors’ loans and breach of directors’ duties.
  • Instructed in professional negligence claims against an architect for failure to supervise building works and claims against solicitors for negligent advice.
  • Cases of Interest
    • Re Walker Deceased [2015] WTLR 493 – Instructed by Furley Page to appear as sole counsel for the claimants at the disputed application for expert evidence in this case. 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.
    • Re: Joint venture dispute (2014) – Instructed (with Adrian Francis) to act for the 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. This case spanned a wide range of legal issues, including partnership, company law, civil fraud, breach of fiduciary duty, taxation and professional negligence
    • Kleeman v Lesley Viscountess Hambleden (2014) – Instructed by Berwin Leighton Paisner to appear as sole counsel on behalf of the claimants for a worldwide freezing injunction relating to a £1.8 million claim against three defendants for selling a property in breach of a deed of covenant.
    • Nortel Networks UK Limited (2013-2014) – Instructed by Herbert Smith to act 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.
    • Re: Guarantees (2014) – 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.
    • Schrader v Schrader [2013] WTLR 701 – Instructed to appear as sole counsel for the defendant in the High Court in this case to oppose an application for specific disclosure in this claim (involving testamentary capacity, want of knowledge and approval and undue influence).
    • Soomro v Khuhawar (2013) – Successfully obtained an interim injunction in the Chancery Division of the High Court to prevent the sale of a UK property pending a claim seeking a declaration that the said property was beneficially owned by the deceased’s estate.
    • Re: Court of Protection (2013) – Instructed by Russell-Cooke for two residuary beneficiaries and successfully opposed an application in the Court of Protection by P’s friend for a statutory will relating to assets worth £1.3 million and for the retrospective ratification of substantial lifetime gifts.
    • Re: 1975 Act Claim (2013) – Instructed by Mishcon de Reya to act for a surviving spouse to defend a 1975 Act claim made by an illegitimate child of her late husband.
    • Re: Professional negligence dispute (2013) – Instructed by Cameron McKenna LLP in relation to claims in contract and professional negligence against an architect for failure to supervise building works.
  • Offshore secondments

    Appleby, Jersey (Private Client and Trusts) (Oct 2014 – July 2015)

    • Daisy recently 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.
    • During this time, Daisy advised on a wide range of Jersey trust matters, including statutory Hastings-Bass and mistake applications, applications to remove trustees, issues arising from insolvent trusts, conflicts of interest and claims for breach of fiduciary duties.
    • She 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).

    Appleby, Guernsey (Litigation and Insolvency) (Oct 2012 – Jan 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 involving breach of directors’ duties, knowing receipt, dishonest assistance, breach of contract and professional negligence.
  • Recent and notable offshore cases
    • Re: Public Trustee v Cooper application (2016) Instructed in relation to an application by a Guernsey trustee for directions involving a $12m trust governed by the law of the Bahamas.
    • Re: Public Trustee v Cooper application (2015) – Instructed (with Richard Wilson) 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.
    • Re: Statutory Hastings-Bass and mistake claim (2015) – Instructed to advise and draft documentation for 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. This case involved statutory Hastings-Bass and mistake claims relating to trust assets worth around £2 million.
    • Re: Foundation (2015) – Instructed to advise and draft bespoke provisions of a charter and regulations of a Jersey foundation holding assets of around £50 million.
    • Re: Invalid appointments of trustees and enforcers (2015) – Instructed to advise individual trustees (including a number of prominent legal and political figures in Jersey) on the implications of numerous potentially invalid appointments of trustees and enforcers of a charitable purpose trust.
    • Khan v Gany Holdings BVIHC (Com) No.10 of 2012 (2013) – Instructed (with Richard Wilson and Alan Boyle QC) in this complex offshore trust dispute in the British Virgin Islands High Court involving issues of removal of office holders, beneficiaries’ rights to information and an account.
    • Re: Guernsey matter (2012) – Instructed to act for a defendant in a £900 million 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 seven 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)
  • Past seminars & events

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

    • Annual New York conference, 3 Stone Buildings (2013, 2014, 2015) – Provided updates on topical issues at three conferences in New York.
    • Enforcing Judgments Offshore: Fighting the Firewall” (2015) – This seminar outlined recent developments on the offshore firewall provisions focusing on the Jersey and Guernsey position and provided practical points for practitioners to consider when faced with offshore firewall provisions.
    • Duty to Mitigate” (2014) – This seminar dealt with the circumstances in which a claimant in will negligence cases ought first to mitigate his loss by bringing a claim for rectification of the will pursuant to s.20 of the Administration of Justice Act 1982.
    • The Defence of Change of Position” (2013) – This seminar outlined the legal requirements to establish the defence of change of position and its legal and practical limitations.
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