Daniel Shapiro KC

Daniel advises and acts Court and Arbitration proceedings 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 SPAs, 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

• Confidential arbitration arising out of a UCITS – Daniel acts for a UCITS depositary in an international arbitration in respect of alleged losses to a pension scheme.
• Tindall Riley v Various Underwriters – Daniel acts for Underwriters in respect of a dispute under a binding authority
• Confidential arbitration arising out of an SPA – Daniel acted for the vendor of a substantial business in disputes, including warranty disputes, arising out of the SPA.
• 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 acts 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 significant dispute concerning the potential creation of a private equity fund which was the subject of a two week trial before Teare J. Daniel was led by Roger Ter Haar QC.
• Ogilvie v Hiscox (2010) – Daniel acts for Ogilvie in a claim against insurers. He successfully resisted an application to stay a Commercial Court claim under the Arbitration Act notwithstanding an express arbitration clause.
• The Buncefield Incident – Between May 2006 and February 2011 Daniel was been heavily involved in the litigation arising out of the explosion at the Buncefield Oil Terminal in Hertfordshire. With Michael Harvey QC, Daniel advised Total UK Ltd and Chevron, the shareholders in a joint venture, Hertfordshire Oil Storage Ltd, in relation to issues where there was no conflict between them. Latterly, when Total was found to be liable, he continued to be instructed to advise Total on such issues.
• BP v Total UK Ltd – Daniel acted, with Michael Harvey QC, for Total in relation to a claim in excess of £30,000,000 brought by BP arising out of the Buncefield explosion.
• Shell v Total UK Ltd – Daniel acted, led by Michael Harvey QC, for Total in relation to a claim in excess of £200,000,000 brought by Shell arising out of the Buncefield explosion.
• Blackstone v Total UK Ltd – Daniel acted, with Michael Harvey QC, for Total in relation to a claim in excess of £75,000,000 brought by part of the Blackstone property group in relation to a private equity investment in a large regional distribution centre, known as “Mammoth”.

Daniel has extensive experience in the TCC, arbitration and adjudication in relation to energy claims and construction. He spent five years acting for HOSL, Chevron and latterly Total in matters relating to Buncefield. He is regularly instructed on insurance issues arising out of energy matters. Recently he has acted in a significant number of cases involving wind farms (both onshore and offshore) and offshore oil platforms. He is experienced in disputes concerning the negligence of construction professionals including surveyors, engineers, architects and project managers. He is often instructed in insurance disputes arising out of construction 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 accepts appointments as an adjudicator and is a TECBAR accredited adjudicator. He 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 chapter in Emden: “Formation of the Contract, Mistake and Misrepresentation”.

Selected Cases

• Trenchless – Daniel acts in relation to a construction and insurance dispute arising out of microtunnelling under railways.
• Confidential adjudication proceedings – Daniel acted in relation to one of the world’s largest offshore wind farms leading Richard Sage and Caroline McColgan.
• Confidential adjudication proceedings – Daniel acted in relation to the steel decking and structure of a luxury London hotel.
• Confidential arbitration proceedings – Daniel acted in confidential arbitration proceedings concerning defective wind turbines.

Daniel is an insurance and reinsurance specialist. He regularly acts for and advises insured’s, insurers and reinsurers in respect of the operation and effect of insurance and reinsurance policies. Daniel acts for insurance brokers and other insurance intermediaries in defending professional negligence claims. Clients appreciate his clear advice.  The quality of his insurance practice is recognised by the directories and winning Insurance Junior of the Year at the Chambers & Partners Bar Awards 2016.

Daniel acts in litigation involving all non-marine and many marine policies, many involving programmes of insurance.  He has particular expertise in insurance matters related to his other areas of practice: professional indemnity (PI); CAR; property damage; public, products and employers’ liability; business interruption (BI); building warranty; directors & officers (D&O); and cyber policies.  He is often instructed in developing areas or where policy language is evolving such as cyber risks.  He is instructed is the most complex and contentious claims such as business interruption claims arising from the gilets jaunes protests in Paris.

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

• Confidential arbitration concerning a CAR and property damage policy – Daniel acted for the insurer in arbitration concerning issues of pure economic loss and complex structure theory.
• Dalamd v Butterworth Spengler [2018] EWHC 2558 (Comm) – Daniel defended Butterworth Spengler against a claim for insurance broking negligence arising out of property damage, business interruption and CAR policies. Daniel led Mek Mesfin.
• Spire Healthcare v RSA – Daniel acted for Spire at first instance ([2016] EWHC 3278 (Comm); [2016] 2 C.L.C. 1002; [2017] Lloyd’s Rep. I.R. 118) and in the Court of Appeal ([2018] EWCA Civ 317; [2018] Lloyd’s Rep. I.R. 425) in respect of the limits and the proper meaning and effect of an alleged aggregation clause.
• 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: Daniel acted in this dispute in respect of pre-action disclosure of a solvent insured’s insurance policy.
• C v GL – Confidential Arbitration in respect of multiple waste 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.
• AJ Buckley v Quinn – Daniel acted for AJ Buckley in proceedings claiming an indemnity under a professional indemnity insurance policy.
• Confidential arbitration proceedings – Daniel acts 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 yacht hull and increased value insurance 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.
• Fullflow v (1) Newline, (2) Abacus – Daniel gave expert witness evidence to the Cour d’Appel de Fort de France as to English insurance law in respect of a public and products liability policy and a professional indemnity policy.
• Proceedings in the High Court of Mumbai – Daniel acts 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 in relation to the death of two independent contractors.
• Burdon-Cooper v Lockton – Daniel was instructed on behalf of the placing insurance broker in respect of a professional indemnity policy.
• Cornish v Markel – Daniel acted for the Claimants seeking indemnity under an IFA’s professional indemnity Policy.
• Confidential arbitration proceedings – Daniel acted for insurers in relation to a significant claim arising out of oil rigs inthe 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 totalling over £150m.
• 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.
• Confidential arbitration proceedings – Daniel acted for insurers in arbitration proceedings brought by a luxury hotel for business interruption following a fire.
• Confidential arbitration proceedings – Daniel acted for insurers in relation to the loss of a prototype robot.
• 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.

Daniel is an expert in professional liability litigation.   The calibre of Daniel’s professional liability practice is recognised in the directories and reflected in the instructions coming to him.  Clients appreciate Daniel’s clear strategic advice, his experience in fighting professional negligence claims, and his knowledge in the area.  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. 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. Construction professionals including architects, engineers, structural engineers, M&E contractors, plumbers and electricians.
4. Insurance brokers.  Daniel defends insurance brokers in substantial claims and across all areas of insurance.  See further his insurance practice.
5. Surveyors and valuers.  Daniel frequently acts in substantial claims involving commercial property valuations and investment schemes.
6. 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.  Daniel is the author of “Mitchell and Denton: injustice and professional negligence claims” P.N. 2014, 30(3), 145-157.

Selected Cases

• Hall v Saunders Law Ltd [2020] EWHC 404 – Daniel acted for Saunders Law in a successful summary judgment application on a claim brought by a litigation funder.
• Mayr & others v CMS Cameron McKenna Nabbarro Olswang LLP and Spokane v CMS Cameron McKenna Nabbarro Olswang LLP ([2017] EWHC 3264 (Comm); [2018] EWHC 3093 (Comm); [2018] EWHC 3669 (Comm)) 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. This was one of the Lawyer’s Top 20 cases of 2019.
• 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] P.N.L.R. 6  – Daniel defended Butterworth Spengler against a claim for insurance broking negligence arising out of property damage, business interruption and CAR policies. Daniel led Mek Mesfin.
• 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); [2015] 5 Costs L.R. 813 – 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.
• Whibley v Strachan, (2) Thompsons Solicitors – Daniel acted in defence of a Consultant Orthopaedic Surgeon expert witness.
• 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.
• Aylward v (1) Hunt and (2) Sutton – Daniel was instructed by the Claimant against the solicitor and barrister who represented the Claimant in criminal proceedings.
• McGuinness v Bank of Scotland – He was instructed for a buy-to-let purchaser bringing a claim against the valuer for negligent misstatement.
• Excel v Stevens Scanlan – He acted for the defendant surveyors in a commercial property valuation claim.
• BPE & Others v Fox – Daniel acted for the Claimant against an allegedly negligent medical expert witness.
• MMR vaccine group litigation – Daniel was instructed on behalf of the defendant solicitor.
• 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. The claim was against an expert psychologist who was negligent in the agreement of an expert’s joint statement.
• 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.

Daniel Shapiro QC 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, EvoBus; Daniel is defending EvoBus, the UK supplier of Mercedes Coaches.
• Coote v Ullstein, Hodge Jones & Allen [2022] EWHC 607 (QB); Daniel obtained summary judgment for Hodge Jones & Allen, leading Nicola Atkins.
• Baxi heating v ERIKS; Daniel defended the manufacturer of rubber gaskets intended for use in unvented hot water cylinders.
• Veolia v Peebles Parsons; Daniel defended the repairer and installer of a stator within the rotor of a generator.
• Evans v Dairymaster; Daniel defended the manufacturer and installer of a milking parlour, leading Richard Sage.  The Claimants discontinued just before trial.
• 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 – Daniel acted in respect of a number of actions concerning allegedly defective glue.
• Renold v Holroyd – Daniel acted for the Claimant in a claim for damage caused by the non-operation of a fire suppression system.
• Inhealth v Cruickshank – He acted for the Claimant in respect of a fire in an MRI scanner.

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

• 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.
• 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.
• York Neuro Imaging (2) The University of York v VPS (UK) Ltd – Daniel acted for the owners of a
• substantial commercial building in a claim arising out of substantial flooding resulting from the heating and ventilation system.
• Endeavour drilling – Daniel acts for a drilling company in a claim arising out of damage to electricity cables.
• Mood Developments Ltd v VPS (UK) Ltd – Daniel acted for security service providers in a claim in respect of flooding at a property.
• CB Transport Refrigeration Limited v Iveco & Others – Daniel acted in a claim in respect of damage to a commercial damage by fire.
• A group of 124 different claimants v Total UK Ltd – Daniel was responsible for the defence of a group of 124 commercial claimants’ claims in the Technology and Construction Court across 2009 and 2010.
• Keystone v Total UK Ltd – Daniel acted for Total in relation to a claim in excess of £80,000,000 brought by Keystone, the distributor for McDonald’s Restaurants in the UK.
• NPIA v Total UK Ltd – Daniel acted in relation to the defence of a claim in excess of £12,000,000 brought by the National Police Improvements Agency.
• West London Oil Pipelines & United Kingdom Oil Pipelines v Total UK Ltd – Daniel acted for Total in relation to a claim in excess of £200,000,000 brought by the operators of the oil distribution pipelines and terminals feeding Heathrow Airport. The claim involved highly technical evidence as to the appropriate reconstruction of oil terminal and pipeline systems.
• Triumph Motorcycles – Daniel was instructed on behalf of Triumph Motorcycles to recover losses sustained in a factory fire caused by a petrol fuelling system.

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.

Daniel accepts Arbitration appointments, appointments as Adjudicator, and, particularly in insurance and professional negligence matters, instructions to provide neutral opinions or evaluations.