Daniel Thorpe

Daniel is recognised by Legal 500 as a Rising Star in Private Wealth and Probate Disputes. He accepts instructions across all aspects of contentious private client and trusts work, whether to advise, appear in court, assist with drafting or attend mediations.

Daniel has broad experience of contentious trusts litigation.

• He is instructed on behalf of a trustee in an ongoing matter in the British Virgin Islands involving blessing and removal applications.
• He has been instructed in a matter (led by Christopher Boardman KC) involving a petition to wind-up in the English courts a BVI company which held assets subject to a multi-million pound trust, defended by the beneficiaries of the trust via a derivative (or double-derivative) action.
• Claims for personal and proprietary relief following breaches of trust.
• Claims under the Trusts of Land and Appointment of Trustees Act 1996.

He also has experience of contentious probate and administration claims, including the following.

• Appearing in only the second reported case under rule 65 of the Non-contentious Probate Rules 1987 involving a dispute between two brothers as to who should be the administrator of their father’s estate (King v King [2023] EWHC 2822 (Fam)).
• Claims to remove personal representatives.
• Claims under the Inheritance (Provision for Family and Dependants) Act 1975.
• Challenges to the formal and substantial validity of wills.
• Applications for “put up or shut up” orders.
• Applications to approve estate accounts.
• Professional negligence claims against solicitors, will draftsmen and personal representatives.
• Acting for charities in their capacity as beneficiaries and executors under wills.
• Advising in respect of testators who leave multiple wills in different jurisdictions and/or wills which cover assets in multiple jurisdictions.
• CPR 21 approval hearings on behalf of minors and unborn and/or unascertained beneficiaries.

Daniel has also appeared in the Court of Protection on the Property and Affairs Pathway, most recently representing a trust company in its capacity as attorney.

Daniel accepts instructions across a range of personal and corporate insolvency cases and represents office-holders, directors, individuals and companies. As well as appearing in court, he is often instructed to assist with the drafting of proceedings and evidence.

Daniel is currently instructed on a matter involving the winding-up of a BVI company in the English court (led by Christopher Boardman KC) which also engages trusts law questions of derivative and double-derivative beneficiary actions.

Recently, Daniel appeared (with Andrew Brown) in the Court of Appeal successfully representing Habib Bank in Khan v (1) Singh-Sall and (2) Habib Bank AG Zurich [2023] EWCA Civ 1119. This was a case considering the proper interpretation of, and test under, section 282 of the Insolvency Act 1986 which provides for the Court’s power to annul bankruptcy orders and was the first Court of Appeal decision on this question for some time.

In addition, Daniel’s experience includes:

• Advising on and appearing in winding-up petitions and connected applications to restrain their presentation and advertisement.
• Applications for administrations and extensions to administrators’ terms of office.
• Applications with respect to office-holders’ remuneration.
• Applications concerning a range of matters where office-holders seek directions from the court.
• Claims to challenge antecedent transactions.
• Proceedings alleging misfeasance.
• Advising on and appearing in bankruptcy petitions.
• Applications to set aside statutory demands.
• Applications under section 335A of the Insolvency Act 1986 and section 14 of the Trusts of Land and Appointment of Trustees Act 1996 for orders for sale and related orders with respect to a bankrupt’s home.
• Applications for private examinations.

Daniel’s practice incorporates a range of commercial disputes, and he is regularly instructed in matters involving breach of contract, debt and the sale of goods and provision of services, as well as those involving misrepresentation and mistake.

Daniel’s cases often involve elements of company law, including claims against directors, partners and shareholders. Most recently, Daniel was instructed as sole counsel on behalf of a petitioner on an interim application in unfair prejudice proceedings in the Commercial Division of the High Court of the BVI. The petitioner was seeking strike out and the entry of judgment for over US$ 22 million in the face of the alleged dissipation of the company’s substantial cryptocurrency assets.

In addition, Daniel’s experience includes:

• Claims for breach of fiduciary duty and associated remedies.
• Claims involving civil fraud, including deceit, conspiracy, undue influence and related matters.
• Disputes between HMRC and taxpayers.
• Claims for breach of directors’ duties and directors’ disqualification proceedings.
• Unfair prejudice and just-and-equitable winding-up petitions.
• Partnership disputes, including both traditional partnerships and LLPs.

Daniel is called to the Bar in the British Virgin Islands and holds a current practising certificate. He therefore accepts instructions to appear in the British Virgin Islands, either as sole counsel or with a leader.

Daniel has appeared in the Commercial Division of the High Court of the BVI as sole counsel in applications for strike out and the entry of judgment in US$ 22 million unfair prejudice proceedings, relating to the alleged dissipation of a company’s substantial cryptocurrency assets, and he has appeared as sole counsel in an application brought by liquidators under the BVI Insolvency Act. He is currently instructed on behalf of a trustee who is defending a removal application and seeking the court’s blessing of a momentous decision.

Daniel was seconded to the dispute resolution team of a leading offshore law firm in the British Virgin Islands. Whilst on secondment, he assisted on matters involving:

• Alleged misfeasance and the unravelling of antecedent transactions across multiple jurisdictions in the Caribbean, Europe, the Middle East and Africa.
• The status of shareholders following disputed allotments and/or allocations of shares, and those shareholders’ liability for the price of those shares.
• A multi-million dollar dispute involving the unravelling of a fraudulent scheme designed to extract funds from a large commercial bank via BVI SPVs.
• The ending of a company’s liquidation.
• Various challenges to the jurisdiction of the BVI courts.

Daniel welcomes instructions across chambers’ other areas of practice and has experience of disputes in the banking and financial services, pensions, charities, professional liability and real estate sectors.

In particular, Daniel has experience of residential and commercial possession claims, usually acting for lenders and landlords, in the county courts.

Recently, Daniel was instructed as sole counsel by a FTSE 100 sponsoring employer in relation to a dispute with a pension scheme member about the length of their pensionable service, and he has been instructed to attend CCMCs in pensions matters in the county court.

Daniel frequently advises on settlement proposals and is happy to accept instructions to act in all forms of ADR within the areas of his practice.

• Master of Arts in Law, Downing College, University of Cambridge
• LLM in International Commercial Law, University College London (first in year for Commercial Remedies)
• Bar Professional Training Course, BPP Law School

• The Honourable Society of Lincoln’s Inn
• The Contentious Trusts Association (ConTrA)
• The Commercial Bar Association (Combar)
• The Chancery Bar Association (ChBA)

Unless otherwise agreed in writing, Daniel provides his services in accordance with the Terms of Work and Client Due Diligence policy as published on Radcliffe Chambers’ website (as amended from time to time).

Read Daniel’s Privacy Notice, Data Protection Policy and Disposal Policy.