Daniel Shapiro KC

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.

Awards

Articles

• W&I: an Obvious Buy for a Buyer, as affirmed by Finsbury Foods
• Defending W&I claims: strategic themes illustrated in Finsbury Foods v Axis & Ors

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News

• Daniel Shapiro KC and Hamish Fraser act for the successful Defendant in a Commercial Court trial brought against a firm of insurance brokers.
• Daniel Shapiro KC, Michael Harper and Alethea Redfern acted for World Challenge Expeditions Ltd in its successful claim against Zurich Insurance Company Ltd

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Events

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

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.