Daniel Neill

Year of call: 2008

Daniel Daniel

Daniel has over 10 years’ experience practising in Personal Injury, Clinical Negligence, Regulatory Law and Costs. His caseload is evenly divided between claimants and defendants and is mostly on the multi track. He is an experienced trial lawyer with a busy paper-based practice. He has a loyal following of solicitors and is particularly valued for his dynamic advocacy, robust pleadings and pragmatic advice. 

 

Personal Injury

Daniel is a popular junior practitioner in the south west and beyond. He undertakes work in a range of matters of varying complexity, encompassing the following areas:

  • Road traffic accidents
  • Employers’ liability
  • Highways
  • Public liability
  • Occupiers’ liability
  • Animals Act
  • Asbestos
  • NIHL
  • Product liability
  • Fatal accidents
  • Inquests
  • Costs

Daniel has considerable experience of cases involving issues of fraud and fundamental dishonesty. Being a member of Guildhall’s Costs team, he is regularly instructed to attend CCMCs and assessment hearings. He is co-editor of the APIL Personal Injury Law, Practice and Precedents section on occupiers’ liability claims.

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

Daniel’s affable manner and rigorous analytical skills make him a popular choice for both claimants and defendants. He is 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

Daniel has considerable experience of acting on both sides of the disciplinary fence. He has prosecuted dentists at the General Dental Council and defended nurses at the Nursing and Midwifery Council. His cases have covered a panoply of performance, conduct, competence and health issues (including interim orders), and he has the unusual distinction of never having had a nurse struck off the register

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 applications and assessment hearings and provides advice on discrete costs issues.

CLERK CONTACT INFORMATION

For further information and enquiries please contact:

Personal Injury: Wendy Shaw or Olive Kavanagh 

Clinical Negligence: Wendy Shaw or 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