Daniel Neill

Year of call: 2008

Daniel Daniel

Daniel has a broad practice covering the following areas: personal injury, clinical negligence, professional discipline, and costs. His caseload spans the whole of England and Wales: from Truro to Canterbury, and from Southampton to Newcastle-upon-Tyne. He is an experienced trial lawyer and is regularly instructed on difficult applications and appeals. He also has a busy paper-based practice. Daniel has a loyal following of solicitors and is particularly valued for his dynamic advocacy and pragmatic advice. 

 

Personal Injury

Daniel has firmly established himself as a 'go-to' junior practitioner in the south west. He undertakes fast-track and multi-track work in a range of matters of varying complexity for claimants and defendants. His caseload includes many six-figure claims. Being a member of Guildhall’s costs and litigation funding team, he is also regularly instructed to attend CCMCs and assessment hearings and to advise on a range of costs matters. Daniel is co-editor of the APIL Personal Injury Law, Practice and Precedents section on occupiers’ liability claims.

He has experience of the following cases:

  • Road traffic accidents
  • Highways claims
  • Employers’ liability claims
  • Public liability claims
  • Occupiers’ Liability claims
  • Animals Act claims
  • Industrial injury and disease claims (including HAVS, noise-at-work, and mesothelioma cases)
  • Fatal accidents
  • Inquests
  • Costs matters

Significant Cases

  • The claimant, in his early 20s, suffered a traumatic injury to his ankle in a road traffic accident. As a result, he was unable to pursue his intended career as a gamekeeper. The central issue was the question of 'disability' for the purpose of the future loss of earnings claim, where the parties’ arguments evolved so as to take account of the reported decisions of the High Court and the Court of Appeal in Billett v MoD. The case settled at a JSM for just under £500,000.
  • The claimant suffered a relatively moderate soft tissue injury to her back, which nonetheless impacted on her ability to work and to carry out her usual day-to-day activities. The parties' medical experts were in disagreement as to the extent and duration of that impact, which required careful management of the expert evidence and detailed assessment of the relative risks.
  • The claimant suffered an horrific mutilating injury to his hand and consequential psychological problems following an accident at work. Allegations of contributory negligence were successfully resisted, but issues in relation to quantum remained in dispute.
  • The defendant local authority required advice on a host of issues in relation to a fatal mesothelioma claim. Those issues included: its potential liability following multiple transfers of rights and liabilities in relation to the premises in question; indemnity issues; disclosure; and quantum.

Clinical Negligence

Clinical Negligence

Daniel’s clinical negligence practice is evenly divided between claimants and defendants. His rigorous analytical skills and affable manner make him a popular choice for both. He is also very experienced in dealing with medical experts due to his professional discipline practice.

He has experience of the following cases:

  • Surgical negligence
  • Pharmaceutical negligence
  • Nursing negligence
  • Delay in diagnosis/treatment
  • Unnecessary/inappropriate treatment

Significant Cases

  • The claimant suffered a particularly nasty extravasation injury as a result of chemotherapy. Advice was required on complicated issues of liability and quantum, following which settlement was achieved.
  • The claimant suffered facial disfigurement following a course of cosmetic treatment. Liability was strongly disputed, and issues of medical causation and quantum fell to be addressed.
  • The infant claimant suffered infection following negligent treatment of a burn injury by multiple defendant Trusts. Advice was provided on very complicated issues of medical causation, in concert with experts from a range of specialisms. 
  • Acting for defendant Trusts in cases raising a variety of issues, including: medical causation in respect of psychiatric deterioration following pharmaceutical negligence; failure to identify a tendon injury and consequential delay in treatment; allegations of sub-standard obstetrics and gynaecological treatment, orthopaedic surgery, and nursing care.

Professional Discipline

Professional Discipline

Daniel has considerable experience of acting on both sides of the disciplinary fence. He regularly prosecutes dentists at the General Dental Council and defends nurses at the Nursing and Midwifery Council. His cases have covered a panoply of conduct, competence, and health issues. He has a loyal following of solicitors, who rely on him for cases of unusual difficulty and those requiring a delicate touch.

He has experience of the following cases:

·          Professional performance hearings (GDC)

·          Professional conduct hearings (GDC)

·          Conduct and competence hearings (NMC)

·          Health hearings (both)

·          Interim orders (both)

Costs and litigation funding

Costs and Litigation Funding

Daniel is regularly instructed to deal with costs matters arising from his personal injury and clinical negligence practices, in particular CCMCs. He also attends assessment hearings and provides advice on discrete and often difficult costs issues.

He has experience of the following cases:

·          CCMCs

·          Applications

·          Detailed assessment hearings

·          Provisional assessment hearings

CLERK CONTACT INFORMATION

For further information and enquiries please contact:

Personal Injury: Heather Bidwell Wendy Shaw & Olive Kavanagh

Clinical Negligence: Heather BidwellWendy Shaw & Olive Kavanagh

Memberships

  • Personal Injuries Bar Association
  • Professional Negligence Bar Association

education

  • BVC at BPP, London: Outstanding
  • GDL at BPP, London: Commendation
  • PhD in Victorian literature at Emmanuel College, Cambridge
  • MA in English literature and Cultural Studies at UCL: Distinction (top mark overall in year group)
  • BA (Hons) in English literature at Emmanuel College, Cambridge: First