Daniel Lightman KC and Reuben Comiskey (of Radcliffe Chambers), instructed by Stephen Baker of Herrington Carmichael, represented the successful appellants in Docklock Limited v C Christo & Co Limited [2024] EWCA Civ 45.
In a judgment handed down this morning, a very strong Court of Appeal – Lords Justice Lewison, Newey and Nugee – held that the rule in Clayton’s Case (the first in, first out rule) operates in the case of a running account between a property management company and its client. In consequence, payments out of the account were automatically appropriated to sums standing to the credit of the account at the time and were not available to set off against other sums received in a later period. Neither a subsequent Family Division order nor a related settlement agreement entered into between the relevant companies should be construed so as retrospectively to undo that prior appropriation.
As part of a broad Chancery-Commercial practice, Daniel Lightman KC engages with challenging and novel issues of law and civil procedure, in particular concerning shareholder disputes (having appeared in a number of landmark unfair prejudice petitions and derivative claims), company law (including in matrimonial proceedings), insolvency, civil fraud, breach of fiduciary duty and professional negligence.
Shortlisted for Company/Insolvency Silk of the Year in the Chambers & Partners UK Bar Awards in both 2026 and 2024 and shortlisted for Chancery Silk of the Year in the Legal 500 Bar Awards 2026, Daniel is recommended in Band 1 for Silks for Company by both Chambers UK, 2027 and the Legal 500, 2027 – and in Band 1 for Chancery Commercial by Chambers. Chambers UK, 2027 describes him as “A go-to silk for high value, complex disputes who leads the pack on shareholder disputes. He has great judgement and always furnishes reliable advice” and praises him for “constantly identifying innovative solutions to complex problems” and building “outstanding relationships with the wider legal team.”
Daniel has an extensive international practice, including current or recent shareholder litigation in the courts of Abu Dhabi, Bermuda, Cayman, Guernsey and Qatar, and a multi-shareholder arbitration in Hong Kong.
Call: 1995
Silk: 2016