Daniel Kozelko

Year of call:
2018
Email:
daniel.kozelko@39essex.com

Clerks:
02078321111

Daniel accepts instructions across all areas of Chambers’ practice, with a particular interest in civil law, commercial and construction law, environmental and planning law, public law, and regulatory law. He completed his pupillage in September 2019.

Daniel appears regularly in the county courts in civil matters, and has experienced a broad range of advisory and pleading work throughout his pupillage.

Daniel is currently on secondment to the Supreme Court as the judicial assistant to Lord Carnwath of Notting Hill until August 2020.

Civil Liability


Daniel regularly appears in the County Court and High Court and has experience of trials, applications, MOJ Stage 3 proceedings, infant settlements, and CCMCs. He also has considerable experience drafting and assisting in large and multi-handed claims. Highlights include:

  • Resisting an application for permission for appeal in the High Court in a claim brought by a pilot against an aviation authority;
  • Drafting particulars of claim for contribution and recoupment in the context of a multi-victim road traffic accident; and,
  • Document review and management in the context of a multi-million pound catastrophic injuries road traffic accident case.

Daniel assisted on a number of civil liability matters during pupillage. The types of case in which Daniel was involved include:

  • Assisting with a detailed advice concerning vicarious liability and non-delegable duties in the context of work subcontracted from the NHS to private healthcare providers;
  • Proceeding raising fundamental dishonesty allegations;
  • Proceedings raising complex issues of causation in a case where multiple independent medics were accused of negligence in treatment;
  • A two day County Court trial raising issues of the payment of solicitors’ fees;
  • Joint settlement meetings and mediation in a variety of clinical negligence and personal injury matters;
  • Drafting pleadings and schedules of loss in personal injury and clinical negligence matters; and,
  • Assisting in the preparation of an inquest.

Administrative, Public & EU


During pupillage Daniel worked on several administrative and public law matters. Examples of cases that Daniel was involved in include:

  • A Supreme Court appeal regarding ouster clauses and the jurisdiction of the High Court in respect of the Investigatory Powers Tribunal;
  • Proposed proceedings challenging the Legal Aid Agency’s decision to deprive a charity of funding in the context of purported referral fees;
  • Proceedings by a prisoner challenging the Ministry of Justice’s delay in releasing him on parole;
  • Proceedings challenging the decision of the Home Office to deport individuals to a country where violence was threatened, particularly in the context of expert evidence;
  • Responding to an application to reopen a decision of the Court of Appeal in light of the later decision in Ahsan v Secretary of State for the Home Department [2017] EWCA Civ 2009; and,
  • Responding to an application for permission to appeal to the Supreme Court in the context of a person seeking a visa to enter the United Kingdom to meet relatives, with a focus on Article 8 of the ECHR.

Regulatory & Disciplinary


Daniel was involved in a number of regulatory and disciplinary matters throughout the course of his pupillage. These include:

  • Disciplinary proceedings against a psychiatrist who gave false evidence as part of an expert report to the court;
  • Disciplinary proceedings brought by the GMC against a doctor who falsified a certificate for a qualification;
  • Proceedings brought by a parent against a school refusing to take a child with extensive special educational needs; and,
  • Civil proceedings brought by a student suffering from epilepsy following a SENDist tribunal decision that the school had discriminated against him unlawfully.

Environmental & Planning


Dan assisted on a wide range of cases during pupillage raising environmental and planning issues. For example, Daniel was involved in:

  • Resisting a judicial review to a decision to change the allocation of airspace around London;
  • A planning inquiry resisting development of a large block of apartments in Tower Hamlets;
  • A dispute concerning compulsory purchase of land and blight in the context of changes to the HS2 route;
  • A planning challenge to the decision of a council to refuse an application to build extensive polo facilities; and,
  • Group litigation seeking compensation in the context of the extension of an airport runway.

Commercial, Construction & International Arbitration


During the final two months of his pupillage Daniel assisted in the preparation and hearing of a three week trial in the Technology and Construction Court in a case concerning the failed construction of a biomass power plant. This included extensive document review, research, and drafting of cross-examination notes and aspects of the closing statement. Daniel is named on the transcript for the case.

During his pupillage Daniel gained experience of drafting statements of case, advices, and legal research notes on a variety of matters including:

  • An international arbitration determining quantum in a large scale dispute between oil producers;
  • An international arbitration determining the liability of a state as a contracting employer in the context of delay in the construction of a waste treatment plant in East Asia.
  • Enforcement proceedings in the context of a Tomlin order resolving a long-running property dispute;
  • An international arbitration addressing force majeure in the context of armed insurrections and international terrorism; and,
  • Litigation concerning the lawfulness of undertaking covert surveillance in property law disputes.

Call +44 (0)20 7832 1111 for more information

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