Daniel Shapiro KC

Professional Liability

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.

Awards

Events

• Daniel Shapiro KC to speak at the British Insurance Law Association Virtual Lecture
• Daniel Shapiro QC to discuss coverage issues in cyber insurance at Lloyd’s Market Association

News

• Daniel Shapiro KC, Michael Harper and Alethea Redfern acted for World Challenge Expeditions Ltd in its successful claim against Zurich Insurance Company Ltd
• Daniel Shapiro KC, Caroline McColgan and Hamish Fraser acted for the successful Insurers in the first warranty & indemnity insurance claim to be decided by the Commercial Court

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Articles

• Defending W&I claims: strategic themes illustrated in Finsbury Foods v Axis & Ors
• Covid-19: Business Interruption insurance, an FCA class action, and the long-tail risks to insurance brokers

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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

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.