Cheryl Dainty

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Year of Call: 2006

Cheryl joined chambers in 2007 upon successful completion of her pupillage. She practises exclusively in commercial and chancery 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.

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 presentation on personal insolvency at the Insolvency UK Network Conference in 2008.

Significant Cases

Nutting v Khaliq and Another

CA, on appeal from the Leeds District Registry of the Chancery Division

[2012] EWCA Civ 1726, 11/10/12

A second appeal against a costs order made in relation to an application by the Appellants pertaining to possession of their matrimonial home. Cheryl appeared at first instance and in both appeals for the Trustee in Bankruptcy. The appeal involved technical issues as to the crossover between the law relating to public funding, the usual rule that an office holder will be indemnified from the estate in respect of their costs and the consequences for that indemnity of findings of unreasonable conduct.

The Trustee successfully defeated the First Appellant’s appeal.

Cheryl acted for several creditors in the publicised Kwik Save administration.

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 is frequently instructed in proceedings under the Company Directors Disqualification Act 1986 and has in depth experience of interim applications, final hearings and applications for permission to act as a director while disqualified.

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.

Partnerships and LLPs

Cheryl receives instructions on partnership issues. Both during pupillage and afterwards has gained experience of high value partnership disputes. She is keen to broaden her practice in this area.

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 has been 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.

Banking and Finance

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, hire purchase/leasing 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).

Mortgages

Cheryl regularly undertakes work for large mortgage lenders as well as for mortgagors.

Cheryl gave a seminar on the Mortgage Pre-action Protocol shortly after it became law.

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 or finance professionals.

Cheryl was a speaker at the annual seminar of the Northern Chancery Bar Association in 2010, when the theme was Professional Negligence.

Land Registration

Cheryl has developed a niche practice advising and appearing in Court in relation to indemnity claims and claims pursuant to the recourse provisions under Schedule 8 of the Land Registration Act 2002.

Memberships

R3 Association of Business Recovery Professionals, Leeds and Manchester Womens' Groups

Northern Circuit Commercial Bar Association (Committee Member)

Chancery Bar Association                                                                                        

Northern Chancery Bar Association

Northern and North Eastern Circuits

Honourable 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)