Daniel Soar

Daniel has an established chancery and commercial practice, covering the traditional areas of probate, property, trusts and breach of contract, appearing regularly in the County Court, First-Tier Tribunal (Property Chamber) and the High Court.

As part of his probate practice, Daniel frequently advises on and appears as advocate in contentious probate litigation concerning will challenges and claims under the Inheritance (Provision for Family and Dependants) Act 1975. Daniel recently successfully represented an adult child claimant and obtained an order for substantial financial provision following a 2-day trial. He is also familiar with applications to remove executors and is able to advise on the proper construction of wills.

Daniel’s property practice is wide ranging, encompassing commercial, residential and agricultural property. He regularly advises on the enforceability of easements and covenants, as well as acting in nuisance disputes. Daniel is able to advise in relation to claims to beneficial interests in property, whether by proprietary estoppel, constructive trust, or under the Trusts of Land and Appointment of Trustees Act 1996. Landlord and tenant work is also a staple for Daniel, whether that be protected business tenancies under the Landlord and Tenant Act 1954, residential or agricultural tenancies.

Daniel frequently advises on all aspects of commercial claims, particularly breach of contract claims. He is experienced in advising on the proper construction of contracts and on the reasonableness of exclusion clauses under the Unfair Contract Terms Act 1977. Daniel often acts in claims of misrepresentation and unjust enrichment, alongside breach of contract. He is regularly instructed to attend interim applications such as strike out, summary judgment, pre-action/third party disclosure applications and relief from sanctions. Daniel is also available to advise on litigation strategy generally and/or to assist with negotiations.

Daniel is a qualified mediator.