Daniel Kirk

Associate

Daniel is an Associate in the Litigation team, specialising in GP disputes, real estate disputes and health and safety/regulatory investigations.  He leads the firm’s Dispute Resolution offering to GPs. 

Daniel has particular expertise with the firm’s healthcare, GP and care homes clients.  He has extensive experience of resolving complex property related disputes, including landlord and tenant and development issues, primary care contract issues, and GP partnership disputes. He also advises on responding to enforcement action by the Care Quality Commission and the Health and Safety Executive.

Daniel won a Capsticks Employee Recognition Award in Spring 2018.

Notable projects

Primary care

  • NHS Dispute Resolution procedure cases including: contract termination, recovery of money and application of the ‘three year rule’
  • High Court, including appeal to the Court of Appeal, regarding NHS contract status
  • Daniel also lectures on the NAPC Diploma in Advanced Primary Care Management 

Regulatory

  • Defending health and safety prosecutions (Crown Court) including: deaths involving legionella, a fall on stairs, incorrect use of equipment, and injury to staff and patients
  • Due diligence on high value buy-out of specialist healthcare service
  • Shiekh v General Dental Council (High Court) - appeal of interim suspension order and erasure

Property litigation

  • Surrey and Sussex Healthcare NHS Trust v Logan Construction (South East) Ltd [2017] EWHC 17 (TCC)  
  • Advising a major public sector client on a multi-million pound IT dispute
  • Advising on contentious aspects of major site disposals including Asset of Community Value (ACV) and gaining possession from occupiers
  • Ram Brewery – acting for healthcare commissioner as an interested party at the planning inquiry in relation to Section 106 contributions for health
  • St Helier Hospital redevelopment – High Court declaration regarding restrictive covenants under section 84(2) Law of Property Act 1925

    Qualifications

    • MA (Hons) Lit Hum, Oxford University
    • Postgraduate Diploma in Law, College of Law London, 2003
    • Legal Practice Course, College of Law London, 2004

    Contact Daniel Kirk