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Daniel Shapiro

Call 1999

"Insurance Junior of the Year"
(Chambers UK 2016)

Daniel Shapiro is described 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 regularly instructed in complex claims in his practice areas of commercial contracts, insurance and reinsurance, professional negligence, energy, construction, product liability and property damage. Daniel is instructed in a number of cutting-edge claims following his success in Jones v Kaney.

Daniel’s commerciality, commitment and courtroom skills gain him instructions for and against a wide range of commercial parties, insurers and professionals. Clients appreciate his clear advice, tactical awareness 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.

Commercial

Daniel advises, litigates and acts in arbitration in relation to commercial agreements for 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 regularly acts in respect of agreements between insurers and/or insurance brokers.

Selected Cases

  • Confidential proceedings arising out of an SPA – Daniel acts for the vendor of a substantial business in 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.
  • Global Draw v IGT [2014] EWHC 2973 (Comm) – Daniel acts for the vendor of a video gaming company in respect of various claims arising out of the SPA.
  • 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”.

Energy & Natural Resources

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.

Insurance & Reinsurance

Daniel is an insurance and reinsurance specialist. He regularly acts for and advises insureds, insurers and reinsurers in respect of insurance and reinsurance policies. Daniel acts for and against insurance brokers and other insurance intermediaries in professional negligence claims. Clients appreciate his clear advice and the quality of his insurance practice is recognised by the directories.

Daniel is often instructed in disputes involving complex technical evidence or the interaction of foreign law or where there are programmes of insurance or multiple insurance policies. He frequently acts in insurance matters related to his other areas of practice, dealing with professional indemnity, CAR, property, public, products and business interruption policies.

Daniel has been instructed in foreign proceedings as an expert witness to English insurance law. He also advises as to English insurance law insofar as applicable to jurisdictions such as Hong Kong.

Daniel 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

  • Spire v RSA – Daniel acts for Spire in proceedings under the Shorter Trials Scheme to determine the limits of indemnity under a combined liability insurance policy.
  • AJ Buckley v Quinn – Daniel acts 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.
  • Confidential arbitration proceedings – Daniel acted for financial advisors in a claim under their professional indemnity 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.
  • T C Power v (1) Chartis and (2) the Insurance Partnership – Daniel acted for Chartis in a claim for
  • insurance cover in relation to damage to a gas turbine.
  • Confidential arbitration proceedings – Daniel acted for a captive insurer in relation to inwards insurance and outwards reinsurance claims over £150m for property damage and business interruption.
  • 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 arbitartion proceedings – Daniel acted for insurers in relation to the loss of a prototype robot.
  • Confidential arbitration proceedings – Daniel acted for a captive insurer in relation to a series of losses under fleet motor insurance.
  • 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 regularly acts both for and against a variety of professionals, including insurance brokers, solicitors, barristers, independent financial advisors (IFAs), surveyors, architects, engineers, structural engineers and expert witnesses. The calibre of Daniel’s professional negligence practice is reflected in Jones v Kaney and is recognised in the directories. Clients appreciate Daniel’s clear strategic advice and his experience and knowledge in the area of professional negligence.

Daniel has experience of acting in professional negligence type claims in respect of non-standard professionals including 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

  • Two groups of claimants v Birchall Blackburn LLP – Daniel acts 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.

Product Liability

Daniel has advised upon and litigated various product liability claims involving property damage and/or personal injuries. He acts in relation to a wide range of consumer and commercial products from skin reactions to children’s shampoo through to defective brakes on a mid-sized car. Daniel regularly undertakes subrogated claims and advises in relation to cover under product liability insurance policies.

Selected Cases

  • 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.

Property Damage

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

  • 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.

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.

Awards


Chambers UK Leading Barrister (Top Ranked) 2016

News


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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

Recommendations


“He is very commercially minded, very bright, cuts through the facts and gets to the issue quickly. He’s very good on his feet as well.”

Chambers UK 2016

“Quickly identifies the key issues and provides practical and commercial advice.”

Chambers UK 2016

“An experienced and effective advocate.”

Chambers UK 2016

“He is a very well-rounded senior junior who really gets the bit between his teeth when instructed on a case.”

Chambers UK 2015

“He’s extremely hands-on and very good at thinking around problems.”

Chambers UK 2015

“His tactical abilities are outstanding and he is extremely good with clients.”

Legal 500 2015

“He’s a savvy advocate. He reads the court well and pitches his arguments well”.

Chambers UK 2014

“He is clever and practical. One can work with him flexibly.”

Chambers UK 2014

“Ferociously bright and gets straight to the point.”

Legal 500 2014

“Very responsive and user friendly.”

Legal 500 2014


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