Daniel
Webb

Daniel is instructed on a wide range of domestic and international commercial disputes, representing both individuals and corporate entities. These often have a financial/banking element, following secondments Daniel has undertaken at the Financial Conduct Authority (see Banking and Finance below). Daniel’s expertise also comprises: sale of goods; supply of goods and services; breach of contract; questions of interpretation, agency and assignment.

Recent work:

• Acting for the commercial landlords on various matters flowing from the London Trocadero v Picturehouse Cinemas litigation
• As sole counsel, successfully obtained summary judgment on behalf of directors of a consultancy firm in relation to an investment scheme
• As sole counsel, defending a claim for recovery of a deposit in an aborted commercial property sale
• Worked as part of the FCA’s internal team from the pre-action stage through to the Supreme Court hearing of Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1 – a test case on business interruption insurance triggered by the Covid-19 pandemic, and one of the most important cases of 2020
• Instructed as part of a team in the early-stage merits assessment of a £30 million international infrastructure dispute
• Instructed on an online gaming dispute, seeking some €3 million said to be held on trust
• Assisted in an LCIA arbitration concerning the true construction of an indemnity clause
• Assisted in advising on the application of the ‘battle of the forms’ doctrine to an international manufacturing contract

Daniel has a particular interest in the legal and practical complexities raised by civil fraud. Daniel has experience successfully representing clients in cases where fraud or other forms of dishonesty are alleged, and welcomes instructions to advise on such cases.

Recent work:

• Instructed on a long-running family dispute, defending a counterclaim to unwind a residential property transfer on the basis of deceit and other grounds
• SHB London Limited v Davina London Ltd and ors, 9 March and 18 August 2022, unrep., His Honour Judge Hellman: successfully establishing that purported written licence agreements were not genuine and that the Defence was “fundamentally dishonest”, following trial as sole counsel and cross-examination of several witnesses
• Instructed by enforcement receivers as part of a counsel team to assist with evidence in a complex fraud matter worth some £60 million
• Defending a High Court claim for fraudulent misrepresentation, unlawful means conspiracy and breach of a joint venture agreement

Daniel has a wide-ranging insolvency practice working for companies and individuals in distress, as well as IPs and creditors.

As to companies, his experience includes issues of misfeasance, wrongful trading, transactions at an undervalue, challenging insolvency processes/decisions, applications to extend administration, and all aspects of the winding-up jurisdiction including injunctions against presentation, rescission applications, void dispositions and costs matters.

As to individuals, his experience includes setting aside statutory demands and all aspects of the bankruptcy jurisdiction including taking carriage of petitions, annulment and rescission of bankruptcy orders.

Recent work:

• Re BHS Group Ltd: defending (led by Stuart Hornett) one of the former directors of a BHS company in proceedings brought by liquidators for alleged wrongful trading
• Re Exhibitions Holdings Limited; Harris v London Trocadero (2015) LLP and ors, 14 April 2023, unrep., Deputy District Judge Pickering: successfully resisted applications by administrators for costs orders against third parties in relation to ongoing administrations
• Instructed (led by Justin Kitson) on a successful in-court administration application where there were competing qualifying floating charge holders
• Advising administrators and appearing on an application to end  administration and enter liquidation
• Acted for the petitioner in a High Court set aside application brought by a well-known classic car collector who alleged that certain cars were sold at an undervalue
• Represented the petitioner in a long-running annulment and rescission application raising various issues including service of a bankruptcy petition on a debtor in prison
• Successfully obtained a High Court declaration of validity following a defect in an out-of-court appointment of administrators
• Acted for the applicants at the interim hearing of Cash Generator Ltd v Fortune [2018] EWHC 674 (Ch), the first reported case on the deemed consent procedure for the appointment of liquidators in a CVL
• Instructed by IPs in a High Court application for private examination

Daniel has considerable expertise in landlord and tenant disputes, both commercial and residential. This comprises claims for possession and issues with enforcement (acting for landlords, mortgagees, trustees in bankruptcy, and those in possession), forfeiture, and disrepair. Daniel is astute to the commercial realities of disrepair and other breach of covenant claims, and has experience negotiating difficult settlements as well as successful court proceedings.

Recent work:

• Instructed by commercial landlords on various matters flowing from the London Trocadero v Picturehouse Cinemas litigation, including appearing as sole counsel on an injunction to restrain re-entry of a cinema in the Trocadero Centre
• Instructed (led by Mark Warwick QC) on a dispute concerning the scope of covenants to repair and insure
• Gadgets Repair Limited v Aviva Life & Pensions UK Limited, 28 October 2022, unrep., Deputy District Judge Jenkins: acted for Aviva in successfully resisting an injunction to prevent possession of commercial premises, the central issue being whether occupation was under a tenancy at will
• Advising LPA Receivers wishing to sell freehold land on issues of tenants’ right of first refusal, severance and Crown interest under LTA 1987
• Acting for landlords on several residential disrepair matters, with focus on quantum, experts and commercial resolution

Daniel deals with all kinds of real property claims, such as for trespass, nuisance, adverse possession, and disputes involving issues of co-ownership and trusts of land, easements, boundaries, conveyancing and registration.

Daniel’s banking and finance experience lends itself to advice on the validity, priority and effect of mortgages and charges – Daniel is frequently instructed by lenders in that regard.

Recent work:

• Acting (led by Ian Clarke KC and James Newman) for the freeholder of a department store in relation to a construction dispute valued at over £2 million. Daniel was particularly involved in issues of termination of agreements for lease, entitlement to an equitable lease, inspection as an interim remedy, and security for costs
• Re BHS Group Ltd: defending (led by Stuart Hornett) one of the former directors of a BHS company, issues included valuation of BHS’ large retail property portfolio and whether certain properties were sold at an undervalue
• Successfully resisted an injunction application to prevent the immediate auction of residential properties, involving issues of undue influence and misrepresentation
• Instructed on a long-running family dispute, defending a counterclaim to unwind a residential property transfer on the basis of undue influence, deceit and lack of capacity
• Appeared in the High Court on a claim for an order for sale under CPR r.73.10C, following charging orders for non-payment of judgment debts
• Advising on restrictive covenants in the context of a scheme of development
• Maunders v Price, 31 March 2021, unrep., His Honour Judge Johns KC: acting as sole counsel for the successful Defendant in a 3-day multi-track trial of a claim that a property was transferred to be held on trust for the Claimant absolutely, the claim essentially collapsing during Daniel’s cross-examination of the Claimant
• Several s.14 ToLATA 1996 disputes concerning the beneficial interest in a family home (unmarried couples, siblings), including questions of valuation where there have been home improvements
• Advising on the breach of a right of access in relation to a mobile home

Daniel is often instructed on company law disputes, and cases where the rights and obligations of directors, shareholders and partners or quasi-partners are in question.

Recent work:

• Re BHS Group Ltd: defending (led by Stuart Hornett) one of the former directors of a BHS company, a central and hotly-contested issue being the application of directors’ duties to a non-executive director
• Defending a High Court claim for breach of a joint venture agreement and unlawful means conspiracy
• Advising a residents’ freehold company on the validity of resolutions brought by minority shareholders
• Advised and appeared on a petition to wind up an LLP following a breakdown between members
• Obtained an order to rectify a transfer deed after the transferee company had been dissolved, the deed having erroneously included the wrong parcel of land
• A successful claim in the High Court under s.125 of the Companies Act 2006 to rectify the register of members where the sole shareholder, director and officer of a company had died
• Successfully applied to set aside an order purportedly made against an unincorporated company
• Appearing in and advising on applications for extensions of time for registering charges

Daniel frequently advises and appears on behalf of banks, financial institutions and other entities in relation to enforcement of loan agreements, guarantees and indemnities, insurance contracts and questions arising from FSMA 2000 and the FCA Handbook, CCA 1974, and CRA 2015.

Daniel has undertaken several secondments at Financial Conduct Authority advising on investments, insurance and pensions issues, giving him valuable expertise for financial services work.

Recent work:

• Regularly instructed by lenders in multi-track mortgage possession claims where there are questions of regulation
• Worked as part of the FCA’s internal team from the pre-action stage through to the Supreme Court hearing of Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1 – a test case on business interruption insurance triggered by the Covid-19 pandemic, and one of the most important cases of 2020
• Instructed as part of a team by a retail client on a multi-million pound Chancery Division claim against a bank for alleged mis-selling of a series of interest rate swaps
• Sole counsel in a multi-track matter where a borrower disputed that LPA Receivers’ fees could be added to the mortgage, and the quantum of those fees
• Advised on the effect of Manx regulations prohibiting card payment surcharges

• Service Charge Disputes: When a landlord’s certificate is both conclusive, and not…
• The business interruption insurance test case: some points to note for general commercial practitioners
• Lexis Nexis Case Analysis – ACL Netherlands BV v Lynch [2019] EWHC 249 Ch on the collateral use of documents (This article was first published by Lexis®PSL on 14/02/2019)
• Lexis Nexis Case Analysis – Skymist Holdings Ltd v Grandlane Developments Ltd [2019] EWHC 1834 (Comm) on litigation privilege (This article was first published by Lexis®PSL on 18/07/2019)
• Corporate Rescue & Insolvency (December 2018 Issue): contributor to ‘Selborne Says’, resolving questions of insolvency law, practice and procedure