Daniel Scott

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

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

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