Daniel Petrides

Insolvency

Daniel is often instructed in relation to insolvency and company law matters. He frequently appears in the Company Insolvency List in the High Court, as well as acting in or advising on larger matters both led and unled.

Recent examples of relevant experience include:

• Acting successfully (led by James Bailey KC) in High Court trial concerning the true construction of the defendant company’s articles of association following the dismissal of the company’s founder (Glass v Previse Ltd (2018)).
• Defending a fraudulent misrepresentation claim arising from the sale of the shares in a financial services company based in Luxembourg.
• Obtaining and conducting an examination of an insolvent company’s former accountant under s.236 of the Insolvency Act 1986.
• Bringing proceedings under 238 and 423 of the Insolvency Act 1986.
• Advising on points of company law in relation to the corporate governance of the freehold management company of a block of luxury flats in Central
• Successfully applying to extend an administration for a third
• Advising on questions of corporate personality in relation to the test for intention under grounds (f) and (g) of the Landlord and Tenant Act 1954.

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Pensions

Daniel enjoys the intricacies of pensions law and is developing a broad practice in this area.

Relevant experience includes:

• (As a pupil) assisting on application for Beddoe relief by the trustees of the (old) British Airways pension scheme to pursue an appeal to the Supreme Court (Airways Pension Scheme Trustee Ltd v (1) Fielder & (2) British Airways Plc [2019] EWHC 29 (Ch)).
• (As a pupil) assisting in advising on numerous aspects of pensions law, including challenges to trustees’ exercise of powers, equalisation of benefits, the use of reservoir trusts, and amendments to scheme rules.
• (As a pupil) assisting with a number of professional negligence claims against pensions trustees or their advisors.

Daniel is also, along with Michael Tennet KC and Jonathan Hilliard KC, an editor of the chapter on actuaries in Simpson’s Professional Negligence and Liability Looseleaf.

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Professional liability

Daniel accepts instructions in professional negligence claims relating to all of the areas in which he practices.

Daniel is also, along with Michael Tennet KC and Jonathan Hilliard KC, an editor of the chapter on actuaries in Simpson’s Professional Negligence and Liability Looseleaf.

Recent experience includes:

• Acting for the claimants in a claim arising from the negligent drafting on an option agreement. (Led by Jonathan Seitler KC and Zoe Barton KC).
• A claim for professional negligence arising from a failure to advise on the planning implications of proposed building works on high-street retail premises (led by Andrew Mold KC).
• (As a pupil) assisting in defending a multi-million pound professional negligence claim relating to an alleged failure to advise on rights of light impeding the development of a neighbouring plot of land.
• (As a pupil) assisting with a number of professional negligence claims against pensions trustees or their advisors.

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Property

Daniel has a busy property practice encompassing all aspects of contentious and non-contentious real property and landlord and tenant work. He is ranked as a leading junior in the property litigation category of The Legal 500.

Examples of recent work as part of a larger team include:

• Acting in a long-running multi-staged rent review arbitration in relation to an £8 billion property portfolio. Most recently, this involved a 13-day (remote) hearing in July 2020 involving extensive cross-examination of expert witnesses on questions of valuation, financial modelling and public policy.
• Defending a complex claim for termination payments under an asset management agreement relating to a £270m property portfolio (led by Joanne Wicks KC and Jonathan Chew).
• Acting for the claimants in a claim arising from the negligent drafting on an option agreement. (Led by Jonathan Seitler KC and Zoe Barton KC).
• Advising on the existence of an easement said to have been acquired by way of lost modern grant in favour of a large residential property in South Kensington.
• A claim to enforce payment of a debt secured on a commercial premise in Newcastle (led by Jonathan Seitler KC).
• A claim for professional negligence arising from a failure to advise on the planning implications of proposed building works on high-street retail premises (led by Andrew Mold KC).
• (As a pupil) assisting with a defending a multi-million pound professional negligence claim relating to the failure to advise on rights of light inhibiting the development of land.

Examples of recent work as sole counsel include:

• Seeking urgent injunctive relief in relation to a claim for relief from forfeiture of mixed- use premises.
• Advising on the construction and enforceability of restrictive covenants.
• Advising on various issues arising from a neighbour dispute, including the availability of injunctive relief in relation to an alleged nuisance, the existence of a piping easement by way of prescription, and an alleged conflict of interest on the board of the freehold management company.
• Successfully obtaining possession orders in the County Court.
• Obtaining a final charging order over development land in Essex.
• Resisting summary judgment on an opposed lease renewal under grounds (f) and (g) of the 1954 Act.
• Successfully obtaining damages for use and occupation of lands belonging to a golf club in Hampshire.

Daniel also edited “Current Issues in Nuisance and Trespass” (a Wilberforce ebook) with Joanne Wicks KC and Benjamin Faulkner, and frequently speaks on issues in the law of real property and landlord and tenant laws.

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Trusts, probate and estates: contentious

Daniel is developing a broad private client practice spanning both contentious and non-contentious matters. He also retains an interest in the intersection between the law of trusts and other areas of law.

Examples of relevant experience include:

• Advising on undue Influence claims against an Inter vivos transferee of real estate.
• Advising in relation to a claim for breach of trust against trustees based in the Isle of Man.
• Advising on the payability of SDLT by public bodies entering into leases for specific purposes.
• Drafting proceedings against the executor of will.
• (As a pupil) assisting on a number of cases involving complex questions of international succession law, including cases concerning the existence of a constructive trust over Liberian bearer shares in a Greek company, and conflicting wills in four jurisdictions including Hong Kong and Malaysia.
• (As a pupil) assisting on the first case in which trustees were granted Beddoe relief to pursue an appeal to the Supreme Court (Airways Pension Scheme Trustee Ltd v (1) Fielder & (2) British Airways Plc [2019] EWHC 29 (Ch)).
• (As a pupil) assisting with both bringing and defending claims under the Inheritance (Family and Dependants) Act 1975.
• (As a pupil) assisting in advising on the construction of a trust provision dealing with the distribution of assets following the death of a beneficiary.

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