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Daniel Shapiro KC

Call 1999 • KC 2019

"He has an excellent sense for strategy and great client handling skills."
(Legal 500 2020)

Daniel Shapiro KC is recognised as “ferociously bright” with “beguiling advocacy skills”. He has extensive trial and appellate advocacy experience in a wide range of commercial litigation, appeals and arbitrations. “Technically excellent” and “top-quality”, Daniel is recognised for his cross-examination skills and his abilities in legally novel claims, such as removing expert witness immunity in Jones v Kaney.

Daniel’s courtroom skills, commitment and commerciality result in his instruction in complex cases for and against a wide range of commercial parties, insurers and professionals and across his practice areas.  Clients appreciate his tactical awareness, clear advice, and commitment to delivering a first rate service. Daniel always seeks the effective commercial solution to disputes and regularly acts for clients in successful mediations, round table meetings and other forms of ADR.

Warning against visa/ work permit fraud: please be advised that persons unknown are fraudulently impersonating Daniel Shapiro KC in a scam seeking payment for assistance with visas and work permits for fake job opportunities in the UK.  This has nothing to do with Mr Shapiro KC and is a fraud.  Mr Shapiro KC does not undertake any work to do with immigration or visas.

Insurance & Reinsurance

Daniel is an insurance and reinsurance specialist. He regularly acts for and advises insureds, insurers and reinsurers in respect of the operation and effect of policies. Daniel acts for insurance brokers and other insurance intermediaries in defending professional negligence claims. Daniel has experience across all non-marine and some marine policies, many involving programmes, and often global programmes, of insurance.  He has particular expertise in insurance matters related to his other areas of practice: professional indemnity (PI); warranty and indemnity (W&I); contractors all risks (CAR); property damage; public, products and employers’ liability; business interruption (BI); directors & officers (D&O); and cyber policies.  He is often instructed in developing areas or where policy language is evolving such as cyber risks.

In addition to his work as an advocate, Daniel is instructed in foreign proceedings as an expert witness to English insurance law.  He is also jointly instructed by insurers and insureds to provide binding opinions or early neutral evaluations to determine issues between parties efficiently and accurately.

Selected Cases

  • World Challenge v Zurich [2023] EWHC 1696 (Comm) – Daniel acted for World Challenge in its claim for indemnity for its refunds to customers in respect of deposits on expeditions cancelled as a result of the Covid pandemic
  • Finsbury Foods v Axis [2023] EWHC 1559 (Comm); [2023] Lloyd’s Rep. Plus 81  – Daniel defended W&I insurers in a claim arising out of the acquisition of a gluten free bakery.
  • DC Bars Ltd v QIC Europe Ltd [2023] EWHC 245 (Comm); [2023] 1 Lloyd’s Rep 239 – Whether proceedings should be stayed for an arbitration clause.
  • Spire Healthcare v RSA [2022] EWCA Civ 17; [2022] Bus LR 170; [2022] Lloyd’s Rep IR 130; [2023] PNLR 15 and [2020] EWHC 3299 (Comm); [2021] Lloyd’s Rep IR 182 – Daniel acted for Spire in respect of the limits and the proper meaning and effect of an alleged aggregation clause (also [2016] EWHC 3278 (Comm); [2016] 2 C.L.C. 1002; [2017] Lloyd’s Rep. I.R. 118 and [2018] EWCA Civ 317; [2018] Lloyd’s Rep IR 425).
  • Confidential arbitration concerning a CAR and property damage policy [2020] – Daniel acted for a CAR insurer in arbitration concerning issues of pure economic loss and complex structures.
  • Dalamd v Butterworth Spengler [2018] EWHC 2558 (Comm); [2019] Lloyd’s Rep IR 295 – Daniel defended Butterworth Spengler against a claim for insurance broking negligence arising out of property damage, business interruption and CAR policies.
  • Prezzo v High Point Estates [2018] EWHC 1851 (TCC); [2018] L. & T.R. 30 – The application and scope of the principle in Berni Inns to a leaseholder leasing only part of a building.
  • Peel Port v Dornoch Ltd [2017] EWHC 876 (TCC); [2017] B.L.R. 382; [2017] Lloyd’s Rep. I.R. 374 – Pre-action disclosure of a solvent insured’s insurance policy.
  • Confidential arbitration concerning liability policies [2017] – Arbitration in respect of multiple waste to energy recycling plants.
  • AmTrust v TRG [2014] EWHC 3912 (Comm) and [2014] EWHC 4169 (Comm) and [2015] EWCA Civ 437; [2015] 2 Lloyd’s Rep 154 – Daniel acted for an Italian insurance broker in a dispute concerning brokerage commission.
  • Confidential arbitration proceedings – Daniel acted for professional indemnity insurers in arbitration proceedings.
  • Involnert Management Inc v Aprilgrange Ltd [2015] EWHC 2225 (Comm); [2015] 2 Lloyd’s Rep 289; [2015] Lloyd’s Rep IR 661; & [2015] EWHC 2834 (Comm); [2015] 5 Costs L.R. 813 – Daniel acted for the Greek producing broker in respect of a claim in respect of a superyacht hull and IV policy.
  • Brit UW Ltd v F&B Trenchless Solutions Ltd [2015] EWHC 2237 (Comm); [2016] Lloyd’s Rep IR 69 – Daniel acted for the insured tunnelling contractor where insurers were seeking to avoid their public liability insurance.
  • Lorman v Allianz Daniel acted for insurers in respect of a building warranty insurance policy.
  • Proceedings in the High Court of Mumbai – Daniel acted for the London market insurance brokers in respect of a terrorism reinsurance policy.
  • British Waterways v Royal & Sun Alliance [2012] EWHC 460 (Comm); [2012] Lloyd’s Rep IR 562 – Daniel acted for British Waterways in its successful claim for cover under its motor insurance policy.
  • Burdon-Cooper v Lockton – Daniel was instructed on behalf of the placing insurance broker in respect of a professional indemnity policy.
  • Confidential arbitration proceedings – Daniel acted for insurers in relation to a significant claim arising out of oil rigs in the Gulf of Mexico.
  • Confidential arbitration proceedings – Daniel acted for a captive insurer in relation to an inwards insurance claim and an outwards reinsurance claims in respect of property damage and business interruption claims.
  • Flexsys America LP v XL Insurance Co Ltd [2009] EWHC 1115; [2010] Lloyd’s Rep IR 132 – Daniel acted in a claim for indemnity under the provisions of a drop down clause in a global Master Policy based on a local policy governed by Ohio Law.
  • Midland Mainline & Others v Commercial General Norwich Union & Others [2004] EWCA 1042; [2004] Lloyd’s Rep IR 22 – Daniel was instructed in a £30 million dispute between Train Operating Companies and their business interruption insurers arising out of the aftermath of the Hatfield derailment.

Professional Liability

Daniel is recognised as an expert in professional liability.  The calibre of Daniel’s professional liability practice is reflected in the instructions coming to him.  Clients appreciate Daniel’s clear strategic advice, his drive to succeed, and his experience.  Daniel is instructed for and against professionals including:

  1. Solicitors and barristers. Daniel acts in claims arising out of the full range of legal work including arising out of litigation and the settlement of litigation, commercial transactions, SPAs, private equity, tax advice, commercial property, conveyancing, Friday afternoon frauds, ancillary relief and crime.
  2. Accountants; auditors and Financial professionals, including independent financial advisors (IFAs), financial product providers, mortgage brokers, tax advisors and accountants.  Daniel is instructed both in more typical advice claims but also in claims arising out of tax mitigation, financial investments, private equity schemes and audit work.
  3. Directors & Officers.  Daniel regularly defends directors and officers in respect of alleged breaches of ss171, 172, 173 and/or 174 Companies Act and/or their fiduciary or common law duties.
  4. Insurance brokers.  Daniel defends insurance brokers in substantial claims and across all areas of insurance.  For further details please see his insurance practice.
  5. Construction professionals including architects, quantity surveyors, engineers, structural engineers, M&E contractors, plumbers and electricians.
  6. Surveyors and valuers.  Daniel frequently acts in substantial claims involving commercial property valuations and investment schemes.
  7. Other professionals or quasi-professionals including expert witnesses, nautical engineers, restaurant kitchen designers and fireworks display designers.

Daniel also acts in professional regulatory and disciplinary matters.

Selected Cases

  • Hamsard v AE Insurance – Daniel defended AE Insurance, an insurance broker, at trial against its former insured following the property insurers avoiding the policy.
  • Henry Boot Developments v Burnley Wilson Fish [2023] – Alleged Quantity Surveying negligence in respect of a construction estimate in a sale and leaseback transaction.
  • MW High Tech v Greenhalgh [2022] EWHC 2000 (TCC); [2022] BLR 487 – Daniel acted for three former directors of a waste to energy company.
  • Coote v Ullstein, Hodge Jones & Allen [2022] EWHC 607 (QB) – Daniel obtained summary judgment for Hodge Jones & Allen against a claim arising out of the MMR vaccine group litigation.
  • Aubrey Weis t/a Combined Property Control -v- Lockton Companies LLP – Daniel acted for Lockton insurance brokers
  • Borro Ltd v Aitken [2021] EWHC 1902 (Ch) – Daniel defended a former director of an internet start-up.
  • Hall v Saunders Law Ltd [2020] EWHC 404; [2020] BLR 445 – Daniel acted for Saunders Law in a successful summary judgment application on a claim brought by a litigation funder.
  • Thursford Collection v Price Bailey  – Daniel acted for Price Bailey in an accountants professional negligence matter concerning VAT.
  • Mayr & others v CMS Cameron McKenna Nabbarro Olswang LLP and Spokane v CMS Cameron McKenna Nabbarro Olswang LLP One of the Lawyer’s Top 20 cases of 2019. – Daniel defended CMS in a very substantial claim arising out of a private equity transaction where the Claimants discontinued and paid CMS’ costs after the first week of trial.
  • Jago v Mortgage4you – Defended a mortgage broker in respect of advice given re interest only mortgages.
  • Tenconi v James Hay Partnership [2019] EWHC 2285 (Ch); [2019] Pens LR 19 – Claim arising out of pension loss through the release of funds around Brexit.
  • Liddle v Atha [2018] EWHC 1751 (QB); [2018] 1 WLR 4953 – Daniel acted for Atha in this solicitors’ negligence action and on appeal.
  • Dalamd v Butterworth Spengler [2018] EWHC 2558 (Comm); [2019] PNLR 6 – Daniel defended Butterworth Spengler against a claim for insurance broking negligence arising out of property damage, business interruption and CAR policies.
  • Cayton Law v DWF, Baker Tilley – Daniel acted for Cayton Law in an experts’ and solicitors’ negligence action.
  • Hamilton-Smith v CMS Cameron Mckenna LLP [2016] EWHC 1115 (Ch) – Daniel defended a claim by a liquidator against CMS Cameron Mckenna LLP.
  • Two groups of claimants v Birchall Blackburn LLP – Daniel acted for two groups of claimants claiming losses from the defendant solicitors arising out of the purchase of foreign properties.
  • Wilshire v Churchers – Daniel acted for the defendant solicitors in a claim arising out of the alleged loss of pension rights in the settlement of ancillary relief proceedings.
  • Involnert Management Inc v Aprilgrange Ltd  – [2015] EWHC 2225 (Comm); [2015] 2 Lloyd’s Rep 289; [2015] Lloyd’s Rep IR 661; and [2015] EWHC 2834 (Comm) – Daniel acted for the Greek producing broker in respect of a claim arising out of the placing of a yacht hull and increased value insurance policy.
  • Smith v Eversheds (a firm) [2014] EWHC 2622 (Ch) – Daniel acted for the defendant in a claim for an alleged breach of a solicitors’ undertaking.
  • Jones v Kaney [2011] UKSC 13; [2011] 2 WLR 823; The Times, 31 March 2011; (First instance: [2010] EWHC 61 (QB); [2010] 2 All ER 649) – Daniel acted for Mr Jones at first instance and in the Supreme Court in this landmark decision abolishing partial expert witness immunity.
  • Leonard v Byrt [2008] EWCA Civ 20 – Acted for the claimants, instructed by the Bar Pro Bono Unit, in a claim against a barrister, solicitor and expert metallurgist.
  • Sinclair Roche & Temperley (a firm) v Somatra [2003] EWCA Civ 1474, [2003] 2 Lloyds Rep 855, CA; [2002] EWHC 1627 (Comm) – Daniel acted for the defendant solicitors in this action arising out of the settlement of a marine insurance dispute.

Commercial

Daniel advises and acts in Court Proceedings and Arbitration in relation to commercial agreements and disputes for commercial clients both within and outside the jurisdiction. Daniel regularly advises and litigates in claims arising out of mergers and acquisitions, joint venture agreements, distribution agreements, commission agreements, agency agreements and agreements in relation to business start-up. Daniel acts in financial disputes for banks and other entities providing financial services.  Daniel regularly acts in respect of agreements between insurers and/or insurance brokers.

Selected Cases

  • University of the Arts London v Legal & General [2023] EWHC 994 (Ch) – Daniel acted for UAL in relation to the rectification of VAT provisions in a commercial lease.
  • Corum XL v Epwin Logistics – Daniel acted for a development financer in respect of the rectification of a commercial lease.
  • Confidential arbitration proceedings arising out of a UCITS – Daniel acted in an international arbitration for a UCITS depositary in one EU jurisdiction against a pension scheme in another EU jurisdiction.
  • Tindall Riley v Various Underwriters – Daniel acted for Underwriters in respect of a dispute with a coverholder under a binding authority.
  • Confidential arbitration arising out of an M&A transaction – Daniel acted for the vendor of a substantial business in respect of disputes under the SPA warranties
  • AmTrust v TRG [2014] EWHC 3912 (Comm) & [2014] EWHC 4169 (Comm) & [2015] EWCA Civ 437; [2015] 2 Lloyd’s Rep 154 – Daniel acted for an Italian insurance broker in a dispute concerning brokerage commission.
  • Grup v Philips – Daniel acted for Grup, a Turkish distributor of baby products, in relation to the termination of an exclusive distribution agreement for baby feeding products.
  • Paratus v Connells – Daniel acted for Paratus in this matter concerning the proper construction or rectification of a settlement agreement.
  • LCP Holdings v Hombergh Holding BV – Daniel acted for the Defendant in the dispute in relation to the acquisition of a global steel business.
  • Zoran Stoyanovich v Brompton’s Auctioneers Ltd – Daniels acted for the defendant in this dispute concerning the sale of fine musical instruments.
  • RRT Holdings Establishment v Shafique [2012] EWHC 860 (Comm) – Daniel acted for the successful claimant in this dispute between two Formula 1 Agents in relation to driver fees.
  • Dhanani v Crasnianski [2011] EWHC 926 (Comm); [2011] 2 All ER (Comm) 799 – Daniel was instructed for the successful defendant in relation to a dispute concerning the potential creation of a private equity fund.
  • The Buncefield Incident – Between May 2006 and February 2011 Daniel was heavily involved in the litigation arising out of the explosion at the Buncefield Oil Terminal in Hertfordshire..  He acted for Hertfordshire Oil Storage Ltd and, later, Total in respect of claims brought by BP, Shell, Blackstone and NPIA, amongst others.

Product Liability

Daniel is typically instructed in technically complicated product liability cases of substantial value, and raising particular scientific and expert issues which require a high degree of input from Leading Counsel.  These usually arise in commercial situations raising significant legal issues, often involving multiple contracts.  Much of his product liability work is pre-action or pre-arbitration and results in the early satisfactory resolution of disputes.  He acts for a wide range of clients, often in conjunction with their product liability insurers.  He has acted in relation to many consumer and commercial products, from children’s shampoo; vehicle brake pads, power generation equipment, through to milking parlours. Daniel also regularly acts in professional negligence disputes arising out of product liability claims and in relation to cover under product liability insurance policies.

Selected Cases

  • Dublin Coach v Dawson, Daimler (formerly EvoBus) – Daniel is defending Daimler, the UK supplier of Mercedes Coaches.
  • Marsh v Pret a Manger – Daniel acts for Pret a Manger in a product liability claim.
  • Coote v Ullstein, Hodge Jones & Allen [2022] EWHC 607 (QB) – Daniel obtained summary judgment for Hodge Jones & Allen against a claim arising out of the MMR vaccine group litigation.
  • Baxi heating v ERIKS Industrial – Daniel defended the manufacturer of rubber gaskets intended for use in unvented hot water cylinders.
  • Veolia v PPG Realisations Ltd, formerly Peebles Parsons – Daniel defended the repairer and installer of a substantial electrical generator following an explosion in a generator feeding electricity to the grid from a recycling facility
  • Evans v Dairymaster – Daniel defended the manufacturer and installer of a milking parlour.
  • Wheatley v Hit Air – Daniel defended the supplier of an equestrian air bag jacket, leading Adam Taylor.
  • Hufford v Samsung Electronics (UK) Ltd [2014] EWHC 2956 (TCC); [2014] 1 BLR 634 – Daniel acted for the defendant in respect of an allegedly defective fridge-freezer which it was determined had not caused a fire.
  • AFT – Allegedly defective spray on glue.
  • Renold v Holroyd – Failure of operation of a fire suppression system.
  • Inhealth v Cruickshank – Fire in an MRI scanner.

Property damage and energy disputes

Daniel has extensive experience of acting in property damage claims arising out of explosions, fires and floods. He acts for both claimants and defendants, but often in subrogated claims. Daniel was heavily involved in the litigation arising out of the explosion at the Buncefield Oil Terminal in Hertfordshire, representing Hertfordshire Oil Storage, Chevron and latterly Total and was instructed to defend many of the larger or trickier property damage claims. His property damage practice has developed from there, clients appreciating his hands-on approach and willingness to think around problems. Daniel recognises that property damage claims are typically about achieving a recovery efficiently. He is committed to getting the best commercial result for the client.

Selected Cases

  • Cory/ Riverside v Hitachi Zosen – damage to an electrical turbine as a result of a failure in design and operation of safe electrical islanding
  • Valero Energy Limited v B&A Contracts Limited [2020] EWHC 3070 (TCC) – Daniel defended an oil storage tank cleaning contractor against a claim for a contractual indemnity following an explosion at a refinery in Pembrokeshire.
  • Hiscox v Precious Marble and TPN Electrical [2018] EWHC 3585 (TCC) – Daniel defended electrical contractors in respect of a claim for property damage arising out of an escape of water followed by a fire.
  • Endeavour drilling – Daniel acted for a drilling company in a claim arising out of damage to electricity cables.
  • Prezzo v High Point Estates [2018] EWHC 1851 (TCC) – Daniel acted for Prezzo in this dispute as to the application and scope of the principle in Berni Inns.
  • SFS Fire Services v Ashworth Frazer Ltd – Daniel acted for the defendant in respect of a claim relating to flooding of the archive of the Motor Manufacturers.
  • Hufford v Samsung Electronics (UK) Ltd [2014] EWHC 2956 (TCC); [2014] 1 BLR 634 – Daniel acted for the defendant in respect of an allegedly defective fridge-freezer which it was determined had not caused a fire.
  • Triumph Motorcycles – Daniel was instructed on behalf of Triumph Motorcycles to recover losses sustained in a factory fire caused by a petrol fuelling system.
  • The Buncefield Incident: Keystone v Total; NPIA v Total; West London Oil Pipelines & United Kingdom Oil Pipelines v Total; A group of 124 different claimants v Total UK Ltd – Between May 2006 and February 2011 Daniel was heavily involved in the litigation arising out of the explosion at the Buncefield Oil Terminal in Hertfordshire.  He defended Hertfordshire Oil Storage Ltd and, later, Total in respect of claims for property damage brought by a large number of claimants from individual homeowners through substantial commercial landlords and tenants, through to oil pipeline operators and oil majors.

Sports Law

Daniel has an extensive practice in Sports Law.  He has acted in arbitrations and litigation involving current and former professional sports persons and governing bodies in a wide number of sports, including for and against high profile current and former professional footballers, cricketers and rugby union players.  His professional negligence practice includes acting in disputes concerning sports agents and in respect of financial advisers to professional sportsmen.  He has acted in a number of insurance disputes following career ending injuries, overarching insurance arrangements provided by governing bodies for players, disputes concerning liability and professional indemnity policies, and insurance disputes arising out of sporting events and cancellations.  Daniel acts in a wide range of contractual disputes in relation to sports, including agency agreements, appearance agreements and image rights contracts.  Daniel appreciates the particular features of the position of a professional sports person and the importance of a swift and discrete resolution to disputes.

Selected Cases

  • RRT Holdings Establishment v Shafique [2012] EWHC 860 (Comm) – Daniel acted for the successful claimant in this dispute between two Formula 1 Agents in relation to driver fees.

Arbitration and Adjudication

Daniel accepts Arbitration appointments, particularly in insurance and professional negligence matters.  He is also instructed by insureds and insurers to provide neutral opinions or neutral evaluations.

Daniel is a TECBAR accredited adjudicator and accepts appointments as Adjudicator.  Daniel is typically appointed in Adjudications where the dispute concerns or has elements concerning professional negligence.

 

Awards


Articles


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News


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Events


Qualifications


  • CPE / Diploma in Law (Distinction – Inner Temple Bursary 1997), City University (1997 – 1998)
  • BA Hons, Merton College, University of Oxford (1994 – 1997)
  • George Webb Medley Prize in Economics, Oxford University (1996)
  • Merton College Exhibition (1995 & 1996)

Memberships


  • COMBAR
  • PNBA
  • TECBAR

Rankings


  • Daniel is recommended by Chambers & Partners as a leading silk for Professional Negligence, Insurance, and Property Damage.
  • Daniel is recommended by Legal 500 as a leading silk for Professional Negligence and Insurance & Reinsurance.
  • Daniel is a recommended silk in Who’s Who Legal, for both Professional Negligence and Insurance and Reinsurance.
  • Winner: Insurance Junior of the Year, Chambers & Partners Bar Awards 2016.
  • Shortlisted: Professional Negligence Junior of the Year, Chambers & Partners Bar Awards 2018 and 2012.

Recommendations


“”Daniel Shapiro is impressive across the board.”… “Daniel Shapiro’s legal knowledge and technical skills are excellent. We can always trust him to provide an educated, realistic and honest opinion on merits and strategy and deliver the message well to the client.”

Chambers & Partners, 2024

‘Danny is bright, exercises good judgement, is approachable, pragmatic and practical where necessary, knows his law and is very easy to deal with. He is liked by clients and his solicitors team and is a fearsome opponent.’

Legal 500, 2024

“Danny is a rising star in this area – he is bright, exercises good judgement, is approachable, pragmatic and practical where necessary, knows his law and is very easy to deal with. He is liked by clients and his solicitors team and is a fearsome opponent.”

Legal 500, 2024

“Daniel is very user-friendly, bright and commercially minded. He gains a detailed understanding of large volumes of documentation quickly. He is always practical and to the point.”

Chambers & Partners, 2022

“An extremely impressive all-rounder. Intellectually very strong, he writes thorough and detailed advice, but in a writing style that is nevertheless engaging and accessible. When advising in conference, his ability to set out complex legal arguments and strategy for clients is a particular strength and one that sets him apart from his contemporaries.”

Legal 500, 2022

“A very impressive and persuasive advocate who is completely dedicated to getting the right result for his clients. He is very proactive and user-friendly.” “He’s very popular, effective and produces learned opinions.”

Chambers & Partners, 2021

“Daniel has a very sharp intelligence. His drafting is thorough, and he is very robust in putting forward the best case/defence possible.”

Legal 500, 2021

“He is extremely knowledgeable and is not afraid to make a call and stand behind it.”

Legal 500, 2021

“He is working far beyond his call and seniority.”

Chambers & Partners, 2020

“Good on his feet, good with clients and able to turn things round efficiently.”

Chambers & Partners, 2020

“He is really sharp-witted and excellent in conference; he’s great on the black letter law but has an excellent balance of strategic legal advice and commercial advice.”

Chambers & Partners, 2020

“He is very down to earth and sensible in how he approaches cases, and is persistent in court, in a good way.”

Chambers & Partners, 2020


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