Daniel Kirk
Partner
Daniel is a dispute resolution partner specialising in real estate disputes and partnership disputes. He leads the firm’s primary care dispute resolution services.
Daniel has particular expertise with the firm’s healthcare, GP and emergency services clients; he has worked across all the firm's sectors. 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.
Daniel is a CEDR accredited mediator.
Notable projects
Primary care
- Arbitrations and High Court claims involving various GP partnership disputes.
- NHS Dispute Resolution procedure cases including: contract termination, recovery of money, application of the ‘three year rule’ and the Premises Costs Directions
- High Court, regarding NHS contract status and effect of dissolution of partnership
- Daniel also lectures on the NAPC Diploma in Advanced Primary Care Management
Property litigation
- High Court complex debt recovery and service charge disputes
- Surrey and Sussex Healthcare NHS Trust v Logan Construction (South East) Ltd [2017] EWHC 17 (TCC)
- 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
Regulatory
- Defending health and safety prosecutions (Crown Court) including deaths involving legionella, a fall on the stairs, incorrect use of equipment and injury to staff and patients. Court of Appeal decision on fineas
- 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
Qualifications
- MA (Hons) Lit Hum, Oxford University
- Postgraduate Diploma in Law, College of Law London, 2003
- Legal Practice Course, College of Law London, 2004
- CEDR Accredited Mediator
Memberships
Association of Partnership Practitioners
