Daniel Laking

Daniel is frequently instructed in multi-track personal injury cases for both claimants and defendants. His practice includes high-value claims in which he is often instructed as sole counsel. He is frequently instructed to draft pleadings, schedules and counter-schedules and is familiar with cases involving complex expert evidence.

Daniel is available to advise on liability across a broad spectrum of cases, including:

• Animals Act claims
• Cross-border/international accidents
• Employers’ liability
• E-scooters and micro-mobility
• Fatal Accident Act claims
• Fraud/fundamental dishonesty
• Highways Act claims
• Noise induced hearing loss and disease claims
• Occupiers’ liability
• Road traffic accidents
• Secondary victim cases
• Sexual abuse and assault claims

He is well placed to advise on accidents at work due to his related specialisms in coronial law and health and safety, and has extensive experience of Fatal Accident Act claims. He is also able to advise on enforcement methods in relation to orders for costs and damages following trial.

Daniel appears in court for trials and interlocutory hearings on a regular basis. He has extensive witness handling experience, particularly in cases involving complex expert evidence and allegations of fraud.

Prior to pupillage, Daniel worked as a paralegal to a senior junior practising solely in catastrophic personal injury. He is proficient at drafting complex schedules and counter-schedules in high-value personal injury and Fatal Accident Act cases, particularly those involving dependency, care, accommodation/adaptions and loss of earnings/pension. Daniel is available to advise on complex quantum and future loss issues.

Cases of note:

Recent instructions include:

• A claim arising out of sexual abuse of a minor 
• A Fatal Accident Act claim arising out of an accident at work and related inquest proceedings
• A brain injury claim arising out of a road traffic accident
• A public liability claim arising out of defective premises
• A chronic pain case which began with short-lived soft tissue injuries.

Daniel has a great deal of experience in fraudulent claims. He has been successful at trial in securing numerous findings of fraud or dishonesty, and has been instructed to advise at an early stage as to whether fraud/dishonesty should be alleged. He is familiar pleading defences raising fraud and taking such cases to trial. His practice extends to standalone applications for fundamental dishonesty after discontinuance.

Daniel is praised for his attention to detail and meticulous cross-examination in such cases, as well as his robust advice. He is frequently involved in cases where surveillance evidence has been obtained or late disclosure reveals inconsistencies.

His experience includes:

• Phantom passengers
• Staged accidents
• Exaggeration
• Medical causation
• Inconsistent evidence/accounts

As a specialist costs practitioner, Daniel is also well-placed to advise and represent defendants in costs applications arising in fraud cases, such as applications under CPR r44.15 (strike out) and 44.16 (fundamental dishonesty).

Daniel has a specialist practice in product liability. He has been involved in a number of claims arising out of allegedly defective products in a wide range of industries. He is comfortable pursuing and defending cases brought under the Consumer Protection Act 1987 as well as in negligence and contract. He advises on appropriate defendants in both domestic and international contexts and is familiar with the strict liability nature of such claims. He is well-placed to act for claimants and defendants alike.

Recent cases include:

• A claim arising out of a defective valve in domestic heating apparatus
• Defending a large clothing manufacturer against allegations of defective clothing
• Claims arising out of defective household appliances such as dishwashers and washing machines

Daniel’s product liability practice complements his other areas of work, in particular health and safety, personal injury and property damage. He is able to digest large amounts of technical expert evidence and give concise advice as to strategy and next steps in such cases.

Daniel is instructed to defend organisations and individuals in health and safety cases arising out of Health and Safety Executive (HSE) and local authority prosecutions (as well as other regulators) in both the Crown and Magistrates’ Courts. He has a particular interest in sentencing practice in health and safety cases. His experience extents to workplace accidents in factories and on construction sites, care/clinical settings and accidents involving members of the public.

Daniel is comfortable representing parties before the criminal courts in such cases, and is also able to advise at an early stage, such as when an investigation has been or is likely to commence. He has provided advice in relation to enforcement notices and their challenge before the Employment Tribunal.

Due to his health and safety experience, Daniel is well placed to advise on occupiers’ and employers’ liability in civil cases, as well as the overlap between related criminal and civil proceedings. This is complemented by his expertise in inquests and Fatal Accident Act claims. Due to these areas of specialism, Daniel is familiar with providing strategic advice and representation in related sets of proceedings arising out of the same incident.

“Daniel is incredibly sharp, with an ability to absorb and analyse large volumes of information quickly and accurately, following which he formulates sound advice and strategy.” – Legal 500, Tier 4 Leading Junior (2024)

Daniel is ranked as a Leading Junior for clinical negligence work (Legal 500 2024). He is instructed by both claimants and defendants in a range of clinical negligence claims including both medical and dental negligence. He is regularly instructed by NHS Resolution, private insurance companies and medical defence organisations, as well as by claimants.

Daniel is familiar advising on cases involving detailed liability evidence and causation points arising out of a range of factual scenarios. His areas of specialism include:

• Consent claims
• Delayed or incorrect diagnosis
• Dental treatment
• Fatal accidents
• General practitioner claims
• Obstetrics cases
• Plastic surgery
• Unnecessary or prolonged treatment

Daniel’s clinical negligence practice is complemented by his inquests experience. He has represented interested persons in inquests and subsequent civil litigation in a healthcare context. He is able to provide early strategic advice in such cases.

Daniel is happy to turn around urgent paperwork and frequently drafts particulars of claim, schedules/counter-schedules of loss, advice on liability and quantum and agendas for expert discussions. He regularly appears in court in clinical negligence matters and is happy to consider conditional fee agreement (CFA) instructions in appropriate cases.

Cases of note:

Recent instructions include:

• Class action against a government department in relation to prescription of medication
• A secondary victim claim arising out of treatment in hospital
• Failure to diagnose a spinal abscess
• Claim arising out of a full-term miscarriage
• Delayed diagnosis of cancer
• Delayed referral by GP to specialist services

Daniel has a significant practice in inquiries and investigations. He has since 2017 been instructed on the Grenfell Tower Inquiry as junior counsel, led by Kate Grange QC (39 Essex Chambers) and Richard Millet QC (Essex Court Chambers). He is familiar with the specific challenges posed by ongoing, high-profile and document-heavy cases. Prior to his work on the Grenfell Inquiry, Daniel was involved in the second Deepcut Inquest and the inquests arising from the terror attacks on Westminster Bridge.

Daniel is familiar acting as both counsel to the inquiry as well as on behalf of core participants, including families, public bodies or private organisations. He is available to advise at an early stage in respect of disclosure, procedure and tactics, as well as to provide representation at hearings. His experience extends to cases which attract significant media coverage and volumes of disclosure, and he is familiar with all the main document management platforms.

Daniel is an experienced inquest lawyer, both in his own right and as a junior. He is familiar with all aspects of coronial law such as the applicability of Article 2 of the European Convention on Human Rights (ECHR), jury inquests and the conclusions available to a coroner. He is well versed in the specific challenges posed by ongoing, high-profile and document-heavy cases. He has been instructed in inquests arising out of a range of contexts including terror attacks, national disasters, healthcare and road traffic accidents.

Daniel has experience in a range of areas including:

• Deaths in state custody
• Defective products
• Healthcare
• Road traffic accidents
• Suicide and self-harm
• Workplace accidents/health and safety

Daniel is available to advise at an early stage in respect of disclosure, procedure and tactics, as well as to provide representation at both pre-inquest reviews and final hearings. His specialism in civil litigation renders him well placed to advise in relation to claims where both coronial and civil proceedings are anticipated.

Cases of note:

• Inquest in a healthcare context arising from alleged neglect
• Inquest in two deaths arising from a road traffic accident collision
• Inquest arising from suicide and self-harm material on social media
• Westminster Bridge inquests
• Second Deepcut inquest

Daniel is ranked as a Tier 1 “rising star” in the field of costs litigation in The Legal 500, 2024.

He is a sought-after junior in the field of costs litigation. He regularly appears before Costs Judges in the Senior Courts Costs Office as well as before Regional Costs Judges both led and in his own right. He is frequently instructed in high-value cases and those involving complex and novel points of law, particularly at Detailed Assessment.

He is available to advise on tactics and procedure in relation to Detailed Assessment hearings and related applications. He is also available to assist in cases where his specialisms overlap, for example, recovering costs of inquest proceedings in subsequent civil litigation and detailed assessments arising out of public law proceedings. He has recently been instructed in APIL’s judicial review of the October 2023 intermediate track costs reforms.

He is instructed in the County and High Courts on costs points that arise during substantive litigation (such as disputes on the application of CPR 44 fixed costs or costs-only hearings) and additionally has been instructed as specialist costs counsel in large-scale banking and tax litigation.

As a personal injury and fraud specialist, Daniel is familiar with all aspects of costs as they relate to personal injury (PI) and clinical negligence cases. He is frequently instructed in costs and case management conferences as well as costs applications that arise in civil proceedings. He has a full understanding of the exceptions to qualified one-way costs shifting and has been successful in recovering costs under both Civil Procedure Rule (CPR) r44.15 and CPR r44.16 in bespoke applications. He has also been instructed in applications for wasted and indemnity costs as well as in relation to Part 36 offers.

Cases of note:

• Representation of the client in a solicitor/own client Detail Assessment which resulted in the firm being referred to the SRA
• APIL judicial review challenging elements of the recent fixed costs reforms 
• Advising on costs in excess of £2m arising from Tax Tribunal proceedings
• Detailed Assessment on the recoverability of pre-LASPO ATE premium
• Summary assessment proceedings in the High Court arising out of an abuse claim
• Advising on costs arising from ADR procedures and internal investigations
• Detailed Assessment relating to the Civil Legal Aid (Costs) Regulations 2013 

Daniel is familiar with a range of insurance law issues, including policy coverage, construction of policy terms, indemnity and material non-disclosure. He has advised in cases arising out of double coverage, particularly when fleet and employers’ liability policies overlap, and has provided training to solicitors’ firms in these areas. He is familiar with bringing claims exercising a right of subrogation and has been instructed in cases where there is a dispute around which policy should respond.

His insurance expertise complements his personal injury and health and safety practice areas. Accordingly, he is well placed to advise on insurance disputes arising from road traffic accidents as well as accidents in the workplace, or where there are a number of potential defendants. He is also able to advise on liability under the Road Traffic Act/Article 75 (of the articles of association of the Motor Insurers’ Bureau) hierarchy.

Daniel has a diverse property damage practice which complements his work in insurance law. He is instructed by defendants and their insurers in bringing/defending claims, claiming contribution and exercising a right of subrogation. Daniel is available to advise on cases arising in negligence, nuisance, Rylands v Fletcher, conversion or in contract.

His expertise includes:

• Cladding and construction damage
• Conversion and trespass to property
• Fire and explosions
• Flooding
• Product liability
• Storm and weather damage
• Subsidence and tree root damage
• Water penetration

Property damage claims typically involve complex issues that span a range of specialisms. Daniel’s related practice areas of insurance, civil litigation and product liability render him well-placed to advise and represent parties in a range of property damage cases. In particular, his instruction on the Grenfell Tower Inquiry renders him well-placed to deal with cases arising out of damage caused by fire, as well as in construction contexts.