Daniel Shapiro
- Date of Call: 1999
- Email: shapiro@crownofficechambers.com
General Information
BA (Oxon).
Practice
Daniel has extensive trial and appellate advocacy experience in a wide range of commercial litigation, insurance and reinsurance, building and construction, professional negligence and product liability. He is regularly instructed in cases involving complex technical evidence, both in court and also arbitration. Daniel seeks the effective commercial solution to disputes as quickly as possible. He recognises the benefits of alternative dispute resolution and has regularly acted for clients in successful mediations and other forms of ADR. Daniel is listed in the Legal 500 (2009) as a leading junior for professional negligence. Daniel is experienced in acting for Claimants against the UK Government in claims which give rise to national security issues.
General Commercial
Daniel advises and litigates in cases of breach of commercial agreements for clients both within and outside the jurisdiction. Since May 2006 Daniel has been heavily involved in the litigation arising out of the explosion at the Buncefield Oil Terminal in Hertfordshire. He acted for the joint venture vehicle Hertfordshire Oil Storage Ltd and its shareholders, Total UK Ltd and Chevron. Subsequently, he has acted for Total. He has acted for HOSL and then Total in very significant claims brought by BP, Shell, WLPS and UKOP (who own oil pipelines crossing the UK), Blackstone (private equity investment in property), Keystone Distribution UK Ltd (McDonald's distributor) and NPIA. Daniel acted against some of and was responsible for the case management of all of a group of 124 commercial claimants, the quantum of whose claims was determined in the Technology and Construction Court across 2009 and 2010. Daniel is presently instructed in relation to a significant dispute over the creation of a private equity fund. Daniel is experienced in claims involving sale of goods, agency, bailment and conversion and conflicts of law. He acts in company matters and partnership disputes and has extensive experience of claims involving fraud and dishonesty.
Insurance and Reinsurance
Daniel acts both in arbitrations and court proceedings involving insurance and re-insurance disputes, including those involving complex technical evidence. He has particular experience of claims involving fraud and fraudulent devices and arson, the application of foreign law, claims under the Third Parties (Rights Against Insurers) Act 1930 and claims for and against captive insurers. At present Daniel is advising in various claims for cover, in particular arising out of pollution and contamination clauses. He recently successfully represented XL in Flexsys America LP v XL Insurance Co Ltd which is the first English decision as to the construction and effect of a drop down clause in a global master insurance policy and the cover thereby provided by such clauses additional to local policies.
Professional Negligence
Daniel has advised upon and dealt with a variety of professional negligence cases including those involving solicitors, surveyors, educational psychologists and construction professionals (see below). He is experienced in professional negligence type claims against non-standard defendants including beauty therapists, nautical engineers and the designers of professional kitchens. Daniel has had a longstanding view that the current immunity of expert witnesses is wrong and that it is likely the courts will abolish such immunity. He is presently acting in Jones v Kaney where Blake J granted a leapfrog certificate and the Supreme Court have granted permission to appeal to challenge the current immunity of experts. The appeal is due to be heard in January 2011.
Construction and Engineering
Daniel has extensive experience in the TCC. He has been involved in a variety of construction disputes including those relating to the standard JCT forms and he is experienced in disputes concerning the negligence of construction professionals including surveyors, engineers, architects and project managers. He is also instructed in insurance disputes arising out of construction contracts including the insurance clauses of the JCT contracts. He appears regularly in the TCC in flood and fire claims, including the effective case management of some 124 claims arising out of the Buncefield Incident before Ramsey J. Daniel has acted for both employers and contractors in adjudication. He is a TECBAR accredited Adjudicator and accepts appointments as Adjudicator in all types of construction dispute. Daniel is the Assistant Editor of Emden on Construction Law and the author and editor of the chapters in Emden "Formation of the Contract, Mistake and Misrepresentation" and "Conflict of Law as Applied to Building Contracts"
Product Liability
Daniel has advised upon and litigated various product liability claims involving both property damage and/or personal injuries. He has acted in relation to a range of consumer products from skin reactions to children's shampoo through combustible TVs to defective brakes on a mid-sized car. He also has extensive experience of product liability for commercial goods such as glass panels and uninterrupted power supplies.
Selected Cases
Jones v Kaney [2010] EWHC 61 (QB); [2010] 2 All ER 649. Daniel acts for the claimant against a negligent expert psychologist who, it is alleged, was negligent in the agreement of an expert's joint statement. Blake J granted a leapfrog certificate so that the matter might be taken directly to the Supreme Court which has granted permission to appeal. The matter will be heard by the Supreme Court in January 2011. Daniel is led by Roger Ter Haar QC.
Flexsys America LP v XL Insurance Co Ltd [2009] EWHC 1115; [2010] Lloyd's Rep. I.R. 132. He successfully represented XL, led by Andrew Bartlett QC against a claim by Flexsys for indemnity under the provisions of a drop down clause in a global Master Policy. This is the first English decision as to the construction and effect of a drop down clause and the additional cover thereby provided by such clauses. The Court also found that there was no cover under the local policy (which was governed by Ohio Law) in any event because of various deliberate act exclusions.
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.
The Buncefield Incident Since May 2006 Daniel has been heavily involved in the litigation arising out of the explosion at the Buncefield Oil Terminal in Hertfordshire. He acted for the joint venture vehicle Hertfordshire Oil Storage Ltd and its shareholders, Total UK Ltd and Chevron.
Construction Robotics v Zurich Commercial Arbitration as to the level of indemnity for a specialist prototype construction robot (2006)
Midland Mainline & Others v Commercial General Norwich Union & Others [2004] Lloyd's Rep IR 22, CA [2003] EWHC 1771 (Comm), Steel J. He was instructed as a junior in a £30 million dispute between Train Operating Companies and their business interruption insurers arising out of the aftermath of the Hatfield derailment.
Hull Trains & Others v Gerling General Insurance Company (2002), junior in an insurance dispute between Train Operating Companies and their business interruption insurers arising out of the aftermath of the Hatfield derailment, settled before trial.
Sinclair Roche & Temperley (a firm) v Somatra [2003] EWCA Civ 1474, [2003] 2 Lloyds Rep 855, CA; [2002] EWHC 1627 (Comm), junior counsel in a solicitors negligence action arising out of the conduct of a marine insurance dispute which had been settled shortly before trial.
Kingscroft Insurance Company v Groupama Insurance Company (2002), junior in a re-insurance dispute settled shortly before arbitration.
Smith v South Gloucestershire County Council [2002] EWCA Civ 1131; [2002] 3 EGLR 1; [2002] 38 EG 206. The case concerned the correct date for the assessment of damages in tortious and statutory claims that were analogous to surveyor's negligence cases.
