Hannah Daly

Hannah is regularly instructed in a broad range of commercial disputes. Her recent work includes:

• Junior Counsel in team led by Justin Fenwick QC leading to a 2-week trial in the Cayman Islands in In the matter of Lilly Lea Perry et al. v Lopag and others (Unreported judgment, 27 May 2020). The claim, together with related probate proceedings in the High Court in London, concerned the rescission of the transfer of a Cayman company into a Liechtenstein trust. Other issues included double-derivative claims under Cayman law and inconsistency and affirmation/election as defences to a claim for rescission.
• Junior Counsel led by Roger Stewart QC acting in a multi-million pound IT contract arbitration concerning claims for fraudulent misrepresentation and breach of contract in the disasterous rollout of a complex system for public sector clients.
• Instructed in drafting interim application for collateral use of documents under CPR 31.22(1)(b) and 32.12(2)(b).
• Advising on service out of the jurisdiction where the proposed defendant was in Cyprus with potential agents in the UK.
• Advising on issue of proceedings and Norwich Pharmacal applications in England against Defendants located in Dubai for breaches of an investment scheme into commercial property located in Dubai.
• Instructed as sole Counsel in High Court claim for the recovery of a sizable hotel deposit for a hotel located on a luxury Caribbean island. The issued included jurisdiction, unfair contract terms and principles of agency.
• Acting in a claim for fraudulent misrepresentation and unlawful means conspiracy in connection with a mobile home investment business suspected to be a ponzi scheme.
• Instructed regularly to defend High Court Enforcement Officers and Enforcement Agents in the County Court and High Court for alleged breaches of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.
• Advising and pleading on interpretation of contracts in disputes concerning the rights and liabilities of recruitment agencies.
• Defending in a Dubai arbitration concerning damage to a cotton manufacturing plant after a fire (During pupillage)
• Assisting George Spalton led by Justin Fenwick QC in an appeal as to the relevance of an ATE policy to an application for security for costs in Premier Motorauctions v PwC & Lloyds [2017] EWCA Civ 1872 (During pupillage)

Hannah is regularly instructed in claims for profesisonal liability, and in particular claims concerning solicitors, accountants, financial advisers, insurance brokers, IT professionals, property surveryors and managing agents.

• Junior Counsel to Clare Dixon in the successful defence of a multi-million pound claim against a firm of accountants following a 4-week trial in the High Court: De Sena v Notaro [2020] EWHC 1366 (Ch).
• Defending claim against professional trustees brought by a disgruntled beneficiary alleging breach of trust/duty for failure to supervise co-trustee and misapplication of trust funds. Issues included powers under Trustee Act 1925/2010, defences under s.61 and scope of an exoneration clause in the trust instrument.
• Defending financial advisers alleged to have given negligent advice about an Isle of Man Contractor Loan/Employee Benefit Trust scheme.
• Advising in solicitors’ negligence case on liability for failure to draft a trust deed to record the unequal shares in which an acquired property was to be held.
• Defending a firm of architects sued for fraudulent misrepresentation over preliminary quotations supplied for the completion of a multi-million pound residential construction project.
• Instructed in several ongoing claims against installers of cavity wall insulations, including pleadings, attendance at CCMCs, making strike-out applications and trials.
• Advising on liability and quantum against a chartered surveyor in a claim for negligent valuation of a lease extension.
• Assisting in solicitors’ negligence claim for failure to prosecute case timeously and settling the case on poor terms where the underlying claim concerned construction of a residential property.
• Advising PI insurers in solicitors’ negligent conveyancing claim where the firm was in run-off. Claim concerned failure to properly register charge on a property.
• Insurance brokers’ negligence claim for failure to procure adequate property and business interruption/gross profit cover where industrial unit damaged by fire (During pupillage).
• Advising in claim against pensions adviser for negligent/fraudulent advice as to offshore pensions scheme (During pupillage).

Hannah is happy to accept instructions in a range of insurance work. Her experience includes:

• Claims arising out of legal expenses insurance policies: including the assesment of the prospects of success of underlying claims and the legal responsibility of claims handlers, brokers, panel firms and insurers.
• Assisting George Spalton and John Hough QC in a two-week trial in the Commercial Court in Euro Pools Plc v Royal and Sun Alliance insurance Plc [2018] EWHC 46 (Comm) concerning which of two policy years certain claims fell into (During pupillage).
• Advising insurer as to coverage in fixtures and chattels in dilapidation dispute.

Hannah regularly undertakes cases which are either brought in the Chancery Division or involve chancery claims. Her experience includes:

• Assisting Tim Chelmick and Justin Fenwick QC in a contested probate application addressing issues under s.50 of the Administration of Justice Act 1985: Perry v Neupert [2018] 7 WLUK 445 (ChD).
• Defending claim against professional trustees brought by a disgruntled beneficiary alleging breach of trust/duty for failure to supervise co-trustee and misapplication of trust funds. Issues included powers under Trustee Act 1925/2010, defences under s.61 and scope of an exoneration clause in the trust instrument.
• Making an application to strike out a claim brought against liquidators for bringing bankruptcy proceedings against former company director who had taken out a substantial director’s loan.
• Hannah is instructed regularly to undertake winding up applications.

Hannah has acted in domestic and international human rights cases, including:

• Junior Counsel to Can Yeginsu in an application to the European Court of Human Rights by Wikimedia, the owners of Wikipedia, in an effort to have the ban on Wikipedia lifted in Turkey. Turkey’s Constitutional Court ruled the ban was a violation of the right of freedom of expression in December 2019 and the ban was subsequently lifted on 15 January 2020.
• Advising as to the prospects of an application under the Freedom of Information Act 2000 to retrieve documents from the police concerning the murder of an Irish lawyer in Northern Ireland during the Troubles (During pupillage).
• Hannah was called “a brilliant young barrister” by the Sunday Times in 2018 for her winning essay on protecting the anonymity of defendants accused of committing sexual offences which was submitted to the Bar Council’s Law Reform Essay Competition in 2017.

Hannah has experience of solicitors’ and barristers’ disciplinary proceedings, including:

• Assisted Lucy Colter led by Graeme McPherson QC in two-week disciplinary hearing before the Bar Tribunals & Adjudication Service before a 5-person Tribunal which raised issues of conflicts of interest and bias/the appearance of bias (During pupillage).
• Assisting George Spalton (led by Roger Stewart QC) in a hearing before the Solicitors’ Disciplinary Tribunal concerning unlawful CFAs and alleged failure to disclose documents (During Pupillage).