Practice overview

Dan is described in the legal directories as a ‘rising star’ whose advocacy is ‘excellent’. He is also known for his ‘piercing’ cross-examination. He has a very busy commercial chancery practice with a particular emphasis on commercial, civil fraud, insolvency and property work. He also has a professional liability practice related to his expertise in these areas.

He is an assured but tenacious advocate, who is always willing to roll his sleeves up to fight for his clients. He combines an analytical approach to his cases with a commercial understanding of what clients really want.

He is regularly instructed in cases that are of high value and complexity. He appears frequently in the Commercial Court and in the Chancery Division, often against senior juniors or KCs. He is equally comfortable being instructed as part of a larger team and enjoys collaborating with both his leaders and instructing solicitors. Dan also maintains an advisory practice, and prides himself on being able to deliver speedy and pertinent advice to his clients whenever it is needed.

Many of Dan’s cases have a multi-jurisdictional dimension. His recent cases have involved jurisdictions including the BVI, Cayman Islands, the People’s Republic of China, Hong Kong, the Channel Islands, Saudi Arabia and many more. Dan is therefore particularly alive to the kind of problems that arise in such cases and enjoys grappling with foreign law issues and disputes over jurisdiction.

Dan is ranked in the Legal 500 2024 as a Rising Star in Commercial Litigation.

 

Commercial disputes

Dan is ranked in the Legal 500 2024 as a Rising Star in Commercial Litigation. He acts in a wide range of commercial disputes including claims concerning breach of contract, civil fraud, and insolvency law issues. He has a particular interest in civil fraud and the obtaining of freezing injunctions and other forms of interim relief. He also has considerable experience of proceedings for contempt of court. His involvement as junior counsel in the Wang v Darby litigation means that he has particular expertise in cryptocurrency fraud disputes, and the ways in which existing weapons in the armoury of civil fraud practitioners are being deployed to address new problems. He is regularly involved in claims which involve breach of fiduciary duty and/or breach of trust, and an element of dishonesty.

Dan is also frequently instructed in disputes involving company law issues, including shareholder disputes, allegations of breach of directors’ duties, unfairly prejudicial conduct, share purchase agreements and breach of warranty claims.

His recent notable instructions include:

  • Acting (led by Tim Penny KC) in the Wang v Darby litigation, one of the first cryptocurrency fraud cases to consider issues such as whether cryptocurrencies are property and whether they can be held on trust. Tim and Dan successfully obtained a worldwide freezing order, continued until trial. Subsequently, Dan acted (unled) at trial for the successful claimant and obtained further freezing and ancillary relief post-judgment.
  • Acting (led by Tim Penny KC) in successfully obtaining an anti-suit injunction in the Cayman Islands to prevent the prosecution of proceedings in Malta.
  • Acting for the Defendant in a substantial claim which alleged fraudulent misrepresentation and breach of warranty (led by Bobby Friedman).
  • Acting for the Defendants in a multimillion-pound breach of directors’ duty claim in Gibraltar (led by Terence Mowschenson KC and Sebastian Allen).
  • Acting (led by Alan Gourgey KC) in ongoing multimillion-pound Commercial Court proceedings which involve allegations of sham and unlawful means conspiracy.
  • Acting (unled) in enforcement proceedings relating to a circa £50m foreign judgment.
  • Acting (unled) in proceedings arising out of the possibly unlawful termination of commission agreements, where Dan’s client alleges unlawful means conspiracy and inducement of breach of contract.
  • Acting (unled) in proceedings alleging accounting irregularities and breaches of fiduciary duty which is down for a 5-day trial in January 2024.
  • Acting frequently in CPR Part 71 examination of judgment debtors.
  • Acting regularly in all manner of enforcement proceedings, including the enforcement of foreign judgments and the enforcement of judgments by way of charging orders over land and securities (including shares).
  • Acting frequently in cases where urgent interim relief is required, many of which by their nature remain confidential.
  • Acting in numerous proceedings concerning breach of contract, dealing with business operations ranging from the provision of IT cloud software to commercial cleaning services.
  • Successfully obtaining summary judgment for the Defendant to a professional negligence claim which involved complex facts concerning foreign exchange trading.
  • A secondment to Ogier’s offices in Jersey, working on international civil fraud and trusts matters. In particular, Dan assisted in enforcement action being taking in a multimillion-pound civil fraud claim.

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  • Quote symbolDaniel prepares thoroughly and his advocacy is excellent. His cross-examination is piercing and helps clients prevail.

    The Legal 500 2024

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    Events / Webinars

    Wilberforce Fraud, Trusts & Asset Recovery Conference 2023

    Wednesday 8th November 2023 | 12.45pm - 5.30pm, followed by drinks
    Courthouse Hotel Shoreditch, London

    £120 + VAT | 3.5 CPD

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    Events / Webinars

    Civil Fraud Conference 2023

    Thursday 8th June 2023 | 12.15pm - 5.55pm followed by drinks & canapés
    The View at The Royal College of Surgeons, Lincoln's Inn Fields, WC2A 3PE

    £130 + VAT | 4.0 CPD

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    Wilberforce Fraud, Trusts & Asset Recovery Conference 2022

    Tuesday 8 November 2022 | 1pm - 5pm followed by drinks reception
    The Courthouse Hotel Shoreditch, London, EC1V 9LL

    £120 + VAT | 2.5 CPD

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    Wilberforce Insolvency Conference 2022

    Wednesday 13 July 2022 | 12.20pm - 6pm, followed by drinks
    Convene (and online via Zoom), 22 Bishopsgate, London EC2N 4BQ

    £120 + VAT | 4.0 CPD

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Daniel's expertise

Download Property CV

Property

Daniel has a busy and varied property practice. He deals regularly with landlord and tenant disputes (both commercial and residential), real property work and land registration issues. He also has particular expertise in complex possession and trespass claims which involve an element of political protest, and therefore engage human rights considerations. His property practice complements his other areas of expertise, and he often works on property cases which involve elements of trusts law, commercial law, civil fraud and insolvency.

Dan also has expertise in claims where the beneficial ownership of property is disputed, often where there is a lack of formality in the arrangements between the parties. He is particularly adept at running cases based on common intention constructive trusts, resulting trusts and proprietary estoppel.

He is also regularly instructed in cases under Part II of the Landlord and Tenant Act 1954 and has particular experience of ground (f) cases.

Daniel enjoys working both on his own and as part of a larger team of counsel.

As part of a counsel team, Daniel’s recent experience includes:

  • Acting (led by Jonathan Seitler KC) in the London Trocadero (2015) LLP v Picturehouse Cinemas Ltd litigation, one of the leading cases on COVID-affected rent arrears, which is currently on appeal to the Court of Appeal.
  • Acting (led by John McGhee KC) in a right to light claim concerning a significant West London development project.
  • Acting (led by John McGhee KC) in an arbitration concerning alleged breaches of a sale contract and development agreement relating to land worth over £50m.
  • Acting led by Martin Hutchings KC) in a complex development dispute. Settled before trial.
  • Acting (led by Tim Penny KC) in the Wang v Darby litigation, which was the first case in which it was conceded by a defendant that cryptocurrencies are property.
  • Acting (led by Jonathan Davey KC) in a claim concerning the equitable co-ownership of a multimillion-pound commercial property in London.
  • Acting (led by Jonathan Seitler KC) in an Expert Determination concerning a dispute over the development of land.

As sole counsel, Daniel’s recent property experience includes:

  • Acting (unled) in ongoing charging order proceedings concerning the ownership of two luxury properties in West London. The case revolves around serious allegations of sham and the ability of the respondents to prove the authenticity of certain key documents that are said to evidence ownership of the properties in question.
  • Acting for the successful Appellants in a High Court appeal concerning the correct construction of two restrictive covenants over freehold land.
  • Acting in numerous complex possession proceedings and trespass, including most recently an urgent hearing in the High Court after the Defendant went on hunger strike in the Claimant’s property. Dan also has extensive experience of acting in HS2- related possession claims and injury: see Balfour Beatty Limited v Persons Unknown [2022] EWHC 874 (QB).
  • Acting frequently in service charge disputes.
  • Acting regularly in dilapidations claims.
  • Advising regularly on issues concerning the validity and service of notices under leases and other property-focused contracts.
  • Acting frequently in proceedings arising out of the Party Wall etc. Act 1996.
  • Acting in adverse possession and boundary disputes.
  • Acting in a number of claims involving interim and final charging orders over land and orders for sale.
  • Advising regularly on complex overage disputes, and other development-related disputes.
  • Dealing regularly with issues of disclaimer of leasehold (and more rarely, freehold) property.
  • Advising on, and acting in, a number of 1954 Act claims.

Download Property CV

  • Quote symbolDaniel prepares thoroughly and his advocacy is excellent. His cross-examination is piercing and helps clients prevail.

    The Legal 500 2024

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    Events / Webinars

    Wilberforce Birmingham Property Seminar 2024

    Thursday 7th March 2024 | 3pm - 5.55pm, followed by drinks
    The Grand Hotel, Birmingham

    Free to attend | 2.0 CPD

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    Publications

    Current Issues in Nuisance and Trespass

    Jonathan Seitler KC | Joanne Wicks KC | Julian Greenhill KC | Tiffany Scott KC | Benjamin Faulkner | Jonathan Chew | Daniel Scott | Francesca Mitchell | Daniel Petrides
    March 2022

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    Webchats

    Property in the pandemic: Possession proceedings

    Daniel Scott, Francesca Mitchell and Daniel Petrides discuss the scope and application of Practice Direction 51Z in light of both its recent revision and the forthcoming appeal concerning its legality.

    Daniel Scott | Francesca Mitchell | Daniel Petrides
    Friday 24 April 2020

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Civil fraud and asset recovery

Dan has particular expertise in disputes involving civil fraud and asset recovery. He has significant experience of seeking (and opposing) the various forms of interim relief that arise in civil fraud litigation, including freezing orders, proprietary injunctions, receivership orders, Norwich Pharmacal and Bankers Trust relief, and other disclosure orders. He also had considerable experience of proceedings for contempt of court and of the new CPR Part 81. His involvement as junior counsel in the Wang v Darby litigation means that he has particular expertise in cryptocurrency fraud disputes, and the ways in which existing weapons in the armoury of civil fraud practitioners are being deployed to address new problems.

He also has experience of bringing the full range of civil fraud claims, including conspiracy, deceit, dishonest assistance, knowing receipt and breach of fiduciary duty.

His recent notable instructions include:

  • Acting (led by Tim Penny KC) in the Wang v Darby litigation, one of the first cryptocurrency fraud cases to consider issues such as whether cryptocurrencies are property and whether they can be held on trust. Tim and Dan successfully obtained a worldwide freezing order, continued until trial. Subsequently, Dan acted (unled) at trial for the successful claimant and obtained further freezing and ancillary relief post-judgment.
  • Acting (led by Tim Penny KC) in successfully obtaining an anti-suit injunction in the Cayman Islands to prevent the prosecution of proceedings in Malta.
  • Acting for the Defendant in a substantial claim which alleged fraudulent misrepresentation and breach of warranty (led by Bobby Friedman).
  • Acting (led by Alan Gourgey KC) in ongoing multimillion-pound Commercial Court proceedings which involve allegations of sham and unlawful means conspiracy.
  • Acting (unled) in proceedings arising out of the possibly unlawful termination of commission agreements, where Dan’s client alleges unlawful means conspiracy and inducement of breach of contract.
  • Acting (unled) in proceedings alleging accounting irregularities and breaches of fiduciary duty which is down for a 5-day trial in January 2024.
  • Acting (unled) in ongoing charging order proceedings concerning two luxury properties in West London. The case revolves around serious allegations of sham and the ability of the respondents to prove the authenticity of certain key documents that are said to evidence ownership of the properties in question.
  • Acting frequently in CPR Part 71 examination of judgment debtors.
  • Acting frequently in cases where urgent interim relief is required, many of which by their nature remain confidential.

Download Civil fraud and asset recovery CV

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    Events / Webinars

    Wilberforce Fraud, Trusts & Asset Recovery Conference 2023

    Wednesday 8th November 2023 | 12.45pm - 5.30pm, followed by drinks
    Courthouse Hotel Shoreditch, London

    £120 + VAT | 3.5 CPD

    View more
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    Events / Webinars

    Civil Fraud Conference 2023

    Thursday 8th June 2023 | 12.15pm - 5.55pm followed by drinks & canapés
    The View at The Royal College of Surgeons, Lincoln's Inn Fields, WC2A 3PE

    £130 + VAT | 4.0 CPD

    View more
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    Events / Webinars

    Wilberforce Fraud, Trusts & Asset Recovery Conference 2022

    Tuesday 8 November 2022 | 1pm - 5pm followed by drinks reception
    The Courthouse Hotel Shoreditch, London, EC1V 9LL

    £120 + VAT | 2.5 CPD

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    Articles

    Cryptocurrencies and trusts: Watch and learn

    By Daniel Scott
    Thursday 7 April 2022

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Daniel's expertise

Download Insolvency CV

Insolvency

Dan has a diverse and burgeoning insolvency practice. He regularly acts for office holders, directors, creditors and insolvent companies or individuals. His practice involves primarily contentious work before the Insolvency & Companies Court Judges in the High Court and covers both personal and corporate insolvency. He also undertakes advisory work and advises frequently on the full gamut of insolvency processes.

Dan has particular expertise in claims reviewing transactions, such as preference claims, claims concerning transactions at an undervalue and claims concerning transactions defrauding creditors under section 423 of the Insolvency Act 1986.

He also has considerable experience of applications challenging the decision of officeholders under sections 168 and 303 of the Insolvency Act 1986.

Much of Dan’s insolvency work complements his commercial, fraud and property expertise. He is uniquely equipped to deal with insolvency issues that straddle the traditional lines between these practice areas.

Recent instructions include:

  • Acting (led by Ian Rogers KC) in Counsel General for Wales & Ors v Gareth Allen (as Official Receiver) & Ors(Re Baglan Operations Ltd) [2022] EWHC 647 (Ch). Dan’s client challenged the decision of the Official Receiver to terminate electricity supply to a business park in Wales, which included flood defence mechanisms. The judgment considers the “perversity” test in s.168(5) IA86 and the role of environmental factors in a liquidator’s decision-making over whether to continue trading a business. It also discusses whether the OR is a public authority under the HRA for these purposes.
  • Acting (led by Graeme Halkerston) in high-profile bankruptcy proceedings for the petitioner in respect of a €120m debt.
  • Acting (unled) in ongoing charging order proceedings concerning two luxury properties in West London. The case raises interesting questions about priority and fairness between different creditors and whether the instigation of foreign insolvency processes can prevent a charging order being made final.
  • Acting (unled) in a successful application extend the administration of several group companies which are Defendants in the ongoing SKAT fraud litigation.
  • Acting regularly in applications concerning officeholder remuneration.
  • Successfully acting for a Trustee in Bankruptcy in obtaining an order suspending the discharge of a bankruptcy and an order that the bankrupt attend for an examination pursuant to section 366 of the Insolvency Act
  • Advising regularly on issues of disclaimer of onerous property in both corporate and personal insolvencies.
  • Acting in a high-value offshore misfeasance claim brought by a liquidator against the former directors of the company.
  • Appearing in numerous winding up and bankruptcy petitions and related applications.

Download Insolvency CV

  • Quote symbolDaniel prepares thoroughly and his advocacy is excellent. His cross-examination is piercing and helps clients prevail.

    The Legal 500 2024

Insolvency insights & events View all thought leadership View all events

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    Events / Webinars

    Wilberforce Insolvency Conference & Dinner 2024

    Thursday 1st February 2024 | 12.30pm - 5.55pm, followed by drinks and dinner
    The Carlton Tower Jumeirah, London

    £130 - £185 + VAT | 4 CPD

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    Events / Webinars

    Wilberforce Fraud, Trusts & Asset Recovery Conference 2023

    Wednesday 8th November 2023 | 12.45pm - 5.30pm, followed by drinks
    Courthouse Hotel Shoreditch, London

    £120 + VAT | 3.5 CPD

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    Articles

    Challenging Office Holder Decisions After Baglan Operations Limited [2022] EWHC 647 (CH)

    This article was first published in ThoughtLeaders4 FIRE Magazine Issue 10. Click here to view the full article  

    By Thomas Robinson | Daniel Scott | Daniel Petrides
    Monday 26 September 2022

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    Events / Webinars

    Wilberforce Insolvency Conference 2022

    Wednesday 13 July 2022 | 12.20pm - 6pm, followed by drinks
    Convene (and online via Zoom), 22 Bishopsgate, London EC2N 4BQ

    £120 + VAT | 4.0 CPD

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Daniel's Details

BSB/VAT information

Registered name: Mr Daniel Lewis Scott
VAT number: 290468383

Qualifications and Appointments

  • BA (Hons) English Literature, Durham University, First Class
  • GDL, City University, with Distinction
  • BPTC, City University, Outstanding.

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