Dan Sherlock is a Partner in Rix & Kay’s Dispute Resolution Team based in Sevenoaks and Ashford and is an expert in construction law disputes including Construction Act claims.
In addition, Dan offers dispute resolution and reputation management advice that works to protect and recover what matters most to you, whether it involves business or personal property. He also advises on protecting both your reputation and sensitive or confidential data/information, including recognising when to take urgent and decisive action to prevent harm.
Dan acts for a growing number of building contractor companies mainly in respect of claims arising from breach of contract and disputed payments, as well as for organisations who have employed contractors resulting in uncompleted building projects and defective works.
His clients include commercial clients of all sizes as well as private clients who require advice on a range of commercial and civil litigation matters.
Experience and approach
Dan’s specialisms as a litigator include complex contractual and financial disputes – including those with international elements, trust and regulatory disputes and the recovery of assets. Dan seeks to apply a quick solution where possible by using tenacity and innovation with an eye always on the cost and benefit of whatever he is doing.
Dan’s experience in litigation since 1998 underpins everything he advises upon in trying to keep you out of court and to keep down the expense. If a dispute is unavoidable, he can take care of it and will be realistic with you on the outcome and the costs involved.
He regularly speaks on a wide range of litigation related topics and industry events.
Areas of expertise
- Breaches of contract, guarantees and misrepresentation disputes
- Construction law, disputes and adjudication
- Data protection/misuse of databases, breach of confidence, passing off & reverse passing off
- Shareholder, director and fiduciary duty disputes
- Freezing orders, disclosure and delivery up orders
- Emergency injunctions including breach of confidence and the Protection from Harassment Act 1997
- Disputes relating to Trust property and Trustees’ duties
- Professional negligence
- Land ownership, trespass and boundaries
Reverse passing off: Cloning of a database
Dan advised the UK market leader in website advertising of family days out and activities around the country when it experienced the cloning of its database by a rival (reverse passing off). The database had taken 9 years to build at significant expense and represented the core value of the business. Dan presented legal proceedings to the rival and their commercial lawyers that included an urgent application to the High Court for an injunction and delivery up of evidence. It was all underpinned with in-depth analysis demonstrating incontestable cloning. He successfully obtained an admission of wrongdoing, undertakings to remove and delete all database cloning, financial compensation and an extended period of shut down by the rival. Further breach would have exposed the rival to action for contempt of court and publicity of the whole affair.
Advising a director on high value guarantees
Dan advised a director of a commercial entity that was in financial difficulties on a series of high value guarantees entered into with a variety of lenders, suppliers and those offering professional services. A number of those guarantees were either unenforceable or sufficiently questionable to allow for a productive negotiated settlement. This also led on to liaising with the company’s liquidator to assign (purchase and to take over) claims against a fellow director whose secret misconduct had caused the company to fail. Claims included breach of duty/misfeasance and the pursuit of assets wrongfully transferred from the company for little or no realised value.
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