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. 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.
• Instructed as sole Counsel in High Court claim for the recovery of a sizable hotel deposit for a hotel located on a luxuty Caribbean island. The issued included jurisdiction, unfair contract terms and principles of agency.
• Advising and instructed regularly as sole Counsel in cases concerning the enforcement by High Court Enforcement Officers of High Court writs of control. Appearances include a range of interim hearings, representing the Officers in interpleader proceedings and trials.
• 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 a 4-week trial (accountants’ negligence) in the High Court in November 2019.
• Advising in solicitors’ negligence case on liability for failure to draft a trust deed in a conveyancing transaction.
• 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 regularly instructed in a wide range of insurance work, including::

• Instructed as sole counsel to advise and act for insurers in claim concerning insurers’ liability under a Legal Expenses Insurance policy. Advice included liability, settlement parameters and strategy.
• 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.

• 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)).
• 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.
• 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).