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Daniel Burkitt

Call 2008 (Gray's Inn)
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Daniel has a strong commercial chancery practice focusing on:

  • Commercial litigation. Daniel acts in a wide variety of commercial matters in the High Court and Court of Appeal with particular emphasis on contractual disputes and freezing orders.
  • Banking. Daniel has represented financial institutions and high net worth individuals in substantial lending disputes.
  • Insolvency. Daniel has extensive experience in corporate and personal insolvency matters acting for office holders, creditors and debtors.
  • Arbitration/Mediation. Daniel has acted in English and international mediations and arbitrations including ICC arbitrations.
  • Costs. Daniel strives to protect his clients’ position on costs and recover costs from the other side.
  • Cases of interest
    • Devonshires Solicitors LLP v (1) Elbishlawi (2) Lam Developments Ltd [2021] EWHC 173 (Comm).  Daniel acted for the Claimant firm of solicitors who obtained summary judgment on invoices which may not have been final statute bills under the Solicitors Act 1974.  Butcher J held that (1) the Defendants had failed to plead that the bills were not final statute bills (2) whilst there was a jurisdiction to order assessment at common law, the onus was on the Defendants to challenge specific items where a breakdown had been provided.  As sufficient detail had been provided in relation to two of the six invoices at issue, summary judgment was given for the amounts claimed in those invoices.  Summary judgment was also given on the other invoices, with the amounts to be assessed at common law.
    • Carter & Anor v Lifeplan Products Ltd [2013] EWCA Civ 453, [2013] All ER (D) 234 (Apr) (Court of Appeal). Daniel persuaded the Court of Appeal to reverse the judge’s decision that by affirmation the Defendants had lost the opportunity to treat themselves as discharged from guarantee obligations. The Court of Appeal’s decision establishes that (i) affirmation must be pleaded and proved by evidence and (ii) a party’s repudiation of a contract may be accepted by the other party in a statement of case.
    • Bal Mohinder Singh v Jasminder Singh and Herinder Singh [2014] EWHC 1060 (Ch) (High Court). Led by John McDonnell QC, Daniel acted for the Claimant who sought to establish a constructive trust (affecting property worth £800m) based on a shared religious understanding. This decision establishes (for the first time) that such a trust can arise.
    • LBI hf v Stanford and Landsbanki Luxembourg SA [2014] EWHC 2732 (Ch), [2014] EWHC 2916 (Ch) (High Court). Led by John McDonnell QC, Daniel acted for the Defendant in a £20 million mortgagee’s possession claim involving complex issues of cross-border insolvency, set-off and conflict of laws.
  • Non-contentious work

    Daniel undertakes non-contentious and transactional work. In 2014, he acted for a substantial shareholder in the sale of House of Fraser to a Chinese company.

  • Education & qualifications

    Daniel was the Cairncross award holder and Winter Williams law scholar at St Peter’s College, University of Oxford and was awarded the prestigious Beddingfield scholarship by Gray’s Inn. He has taught part-time at the University of Oxford and the London School of Economics.

  • Public access

    Members of the public can instruct Daniel directly (without a solicitor) in suitable cases.

  • Publications

    Daniel is the author of several articles and co-author of Trade Mark Licensing (2nd edition 2004) published by Sweet & Maxwell.

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COVID-19

Three Stone have taken immediate measures to maintain our impressive chancery commercial services and our clerking team will provide their usual high standard of service whilst ensuring the safety of our clients, staff and members during this dynamic period.