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Cheryl Dainty
Practice Areas:
Practice Area CVs:
Year of Call: 2006
Cheryl joined chambers in 2007 upon successful completion of her pupillage. She practises exclusively in chancery and commercial matters, with a focus on commercial litigation, insolvency, banking and company law. Cheryl has delivered a number of seminars, both within chambers and for the benefit of professional associations.
Banking
Cheryl acts frequently for lenders, including major financial institutions, as well as borrowers. She has been involved in a variety of actions brought by and against financial institutions, including guarantee claims, mortgage disputes and the trial of a claim arising out of the Bank's conduct in relation to a freezing order. Cheryl is content to deal with all issues of banking law, including those arising out of the Consumer Credit Act 1974. Further, she frequently advises on the application of factoring agreements and invoice discounting arrangements.
Significant Cases
Cheryl was instructed by several major high street banks in the litigation arising out of the challenge to bank overdraft charges and appeared on behalf of one of the major banks in a group case management conference in the High Court (Leeds District Registry).
Company
Cheryl receives instructions in all types of company dispute, including claims based on breaches of directors' duties and share and asset purchase agreements (especially warranty claims). Cheryl has assisted in the drafting of several high value minority shareholder petitions.
She accepts instructions in relation to all types of company insolvency issues, including voluntary arrangements, administration and winding up. Cheryl also has an interest in directors' disqualification and the enforcement of restrictive covenants in employment and service contracts and is keen to develop a practice in these areas.
Significant Cases
Cheryl acted for the Claimant in S & D Property Investments Ltd v Christian Nisbet & Stephen French [2009] EWHC 1726 (Ch) (Nicol J), in which issues arose as to vicarious liability of a company for the harassment of its officers and relational loss.
Dispute Resolution:
Cheryl regularly acts in a variety of commercial and chancery disputes, whether arising in contract, restitution or otherwise. She has significant experience of interim applications as well as final hearings. She has also been involved in actions under the Protection from Harassment Act 1997, including an application for an injunction by a local authority against a former councillor. Cheryl has a special interest in conflict of laws and jurisdictional disputes. She also receives instructions in enforcement matters and is currently instructed by a well known football manager in respect of high value enforcement proceedings.
Cheryl has been instructed on a number of occasions to attend mediation of commercial disputes.
Significant Cases
S & D Property Investments Ltd v Christian Nisbet & Stephen French [2009] EWHC 1726 (Ch) (Nicol J) - harassment in the context of debt collection; quantum of anxiety damages and damages for economic losses.
Finance
Cheryl receives instructions in banking, finance and consumer credit.
Insolvency
Cheryl has a special interest in insolvency law and is frequently instructed to act on behalf of creditors, debtors and office holders, both in an advisory context and as an advocate. She has significant experience in personal and corporate insolvency, as well as corporate restructuring. She has a thorough knowledge of the issues arising in council tax bankruptcies and is regularly instructed by a number of local authorities.
Cheryl delivered a talk on personal insolvency at the Insolvency UK Network Conference in 2008.
Significant Cases
Cheryl acted for several creditors in the publicised Kwik Save administration.
Partnerships and LLPs
Cheryl receives instructions on partnership issues and during pupillage gained experience of high value partnership disputes. She is keen to broaden her practice in this area.
Professional Negligence
Cheryl has a keen interest in the law of professional negligence and has gained experience through her own practice and during pupillage. She will accept instructions for Claimants and Defendants, principally in respect of solicitors, finance or construction professionals.
Cheryl was a speaker at the annual seminar of the Northern Chancery Bar Association in 2010, when the theme was Professional Negligence.
Real Property
Cheryl undertakes work across the spectrum of real property, in particular interests in land, mortgage disputes and enforcement (including undue influence), residential and commercial landlord and tenant and easements and covenants.
Cheryl gave a seminar on the Mortgage Pre-action Protocol shortly after it became law.
Memberships
Chancery Bar Association Northern Chancery Bar Association
Northern Circuit Commercial Bar Association (Committee Member/ New Practitioner
and CPD Subcommittee)
R3 Association of Business Recovery Professionals, Leeds and Manchester Womens' Groups (Committee Member: Leeds)
Northern and North Eastern Circuits
Honorable Society of the Inner Temple
Panels:
Junior Counsel to the Crown (Provincial Panel)
Career and Education
Degrees: (1) The University of Oxford, Corpus Christi College
BA (First Class Hons.) Law with Law Studies in Europe (German Law)
(2) The University of Bonn, Germany
Masters of Comparative Law (with a focus on comparative
commercial law)
Scholarships: Hanseatic Scholarship for Britons
Inner Temple Exhibition
Languages: German (fluent), French (competent)
Year of Call: 2006
Other: Cheryl was a research assistant at the Institute for German and
Rheinland Legal History, University of Bonn (2002-2003) and a guest
lecturer ("Introduction to English Law") at the University of Bonn (2004
- 2005) and the University of Würzburg (2004 - 2007)
