Daniel Burkitt

Call 2008

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.
  • Banking. Daniel has represented financial institutions and high net worth individuals in substantial lending disputes and has expertise in matters relating to the Icelandic banking crisis.
  • 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 is familiar with the ICC rules.
  • Cases of interest

    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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