Iain Daniels

Call date: 1992
Email: 

The Legal 500 - The Clients Guide to Law FirmsIain Daniels - Ranked in Chambers & Partners UK Bar Directory 2016

Areas of Practice

Profile

Qualifications

Bar Finals (ICSL) 1992
LL.B (Hons) (Sheffield)
Graduated Cum Laude, Holderness School New Hampshire
Queen Mary’s Grammar School, Walsall

Experience & Expertise

Iain Daniels is a founder member of Ely Place Chambers and a specialist advocate representing companies, public bodies and individuals in civil and criminal cases with an emphasis on health and safety, healthcare, regulatory crime and corporate liability.

Health and Safety

Iain appears in cases involving all aspects of health and safety and fire safety legislation including Crown Court trials, inquests and civil claims.  His recent cases include defending in ‘fatality’ trials on behalf of a number of multinational companies as well as a variety of instructions relating to construction site deaths, injuries and deaths involving large plant and machinery in factories, warehouses and farms, asbestos and other hazardous substance cases and a number of allegedly’ systemic’ cases within the healthcare sphere.

He advises corporations and public bodies in the context of on-going litigation and also as to the development of health and safety policy and how best to approach enforcement agencies with a view to avoiding prosecution.

Healthcare

Iain represents PCTs, NHS Hospital Trusts, private healthcare providers, nursing homes and doctors and nurses in a variety of work ranging from judicial review and Court of Protection matters to inquests and medical negligence.  In respect of non-contentious work he advises on risk management policy and protocols.

Additionally he has experience in disciplinary matters and regulatory work.

Inquests

Iain has a particular interest in coronial law and has appeared extensively in inquests throughout the country on behalf of Police Forces, healthcare providers and other public bodies as well as individual and corporate clients including appearances on appeal both in the Administrative Court and in the Court of Appeal.

Police and Prisons

Iain is instructed on behalf of a number of police forces and private prison providers as well as the Probation Service in a wide variety of cases which involve false imprisonment, assault, malicious prosecution, misfeasance, alleged breaches of the ECHR and PFI disputes. He has appeared in a number of high profile cases in the Court of Appeal and Administrative Court.

Perhaps unusually he also represents claimants in police law cases giving him a balanced understanding of the area.

Additionally he has extensive experience of defending in cases of personal injuries arising out of policing and prison work including injuries received in training, deployment and restraint. He had a particular interest in the Animals Act and injuries caused by police dogs and horses.

Personal Injury and Clinical Negligence

Over many years Iain has represented claimants and defendants in the full range of personal injury and clinical negligence work.  This work is often tied in with his inquest and health and safety practice and as a consequence he has a tendency to appear in cases arising out of fatalities.

Regulatory Work

In terms of regulatory work Iain represents clients with regard to regulatory crime, including Proceeds of Crime Act work, Agency Regulations and advising under the Bribery Act.

Media

Iain advises and appears in cases involving defamation and confidentiality primarily related to his other areas of practice.

Current & Recent Work

Cases in 2015/16 include matters involving:

  • appearing the Privy Council with regard to an arbitration award in Trinidad;
  • instructed in ongoing and threatened judicial review proceedings;
  • advising and appearing in a number of commercial cases, particular where there is an element of fraud or wrongdoing;
  • advising on a commercial dispute surrounding the development of a hotel complex in the Caribbean.
  • representing the defendants in respect of legionella outbreaks in a large NHS Hospital Trust and in a Local Authority Home;
  • representing a large multi-national company with respect to health and safety breaches in the Old Bailey;
  • advising on the effects of dialer fraud in the context of POCA;
  • advising and representing in a number of falls from height cases involving ladders, scaffolding and scissor lifts/MEWPS;
  • representing in trials and in advisory work with regard to asbestos and other dangerous substances;
  • successfully concluding a claim relating to pro-life protests outside abortion clinics;
  • establishing a duty of care with respect to a large metropolitan police force with regard performance of its policing function;
  • lecturing, advising and conducting hearings and trials in police and prison related work including serious allegations of misconduct;

 

Selection of Reported Cases:

NH International (Caribbean) Ltd v National Insurance Property Development Co Ltd [2015] UKPC 37 Represented a quasi-state agency with respect to an appeal from the Court of Appeal in Trinidad arising out of an arbitration relating to the building of a hospital in Tobago.

Global Marine Drillships Ltd v William La Bella & 9 Ors [2014] EWHC 2242 (CH) Represented the claimant in a claim with respect to the financing of the construction of a substantial oil drill ship where a solicitor who had released sums of money to third parties in breach of an undertaking had done so without authorisation.

Houchin v Lincolnshire Probation Trust [2014] EWCA Civ 823 Appearing on behalf of the Probation Service in an appeal with respect to a decision to grant summary judgment in a claim for misfeasance in public office.

R (on the application of Jude Odigie) v Serco Ltd & Secretary Of State For Justice (Interested Party) [2013] EWHC 3795 (Admin) Representing a private prison provider in a judicial review claim relating to the decision to transfer a prisoner serving an indeterminate sentence from a private prison to a high security prison before an adjudication of the charges against him.

R (on the application of Commissioner of Police of The Metropolis) v Central Criminal Court & (1) Mg (2) Crown Prosecution Service [2013] EWHC 179 (Admin) Judicial review in respect of an application to quash a court's decision purporting to lift a sexual offender's notification requirements.

Commissioner of Police for the Metropolis v Times Newspapers Limited [2011] EWHC 2705 Breach of confidence claim by the MPS and SOCA against the Times Newspaper with regard to the proposed use of confidential and sensitive material belonging to the Claimants in defence of a libel action brought against the newspaper.

Ahmad v Brent [2011] EWHC 80 Represented the Probation Service in a seven day application to strike out a claim brought under the Article 8 of the ECHR concerning the recall of a prisoner released on life licence following his conviction for an ‘honour’ killing of his eldest daughter.

Morales v  Parole Board [2011] 1 WLR 461 Represented the Probation Service in a judicial review in the Administrative Court relating to a convicted child sex offender who alleged that his recall to prison was unlawful and that he had not been released thereafter sufficiently quickly in breach of Article 5(4).

R (on the application of Takoushis) v HM Coroner for Inner North London [2005] 1 WLR 461 Instructed before the Court of Appeal on behalf of Guys and St Thomas in an appeal from the Administrative Court following a refusal by a coroner to summon a jury.  The decision deals with the sufficiency of evidence at inquests.

Taylor v Chief Constable of Thames Valley [2004] 1 WLR 3155 Instructed before the Court of Appeal by TVP with regard to the sufficiency of the words of arrest following the arrest and detention of a 12 year old boy at an animal rights demonstration

R (on the application of Commissioner of Police for the Metropolis) v HM Coroner for Greater London Southern District [2003] Inquest L.R. 132 Instructed on behalf of the MPS in the Administrative Court challenging the basis on which a verdict of systemic neglect was left to an inquest jury.

Directory Comments

He's very measured and very reasonable.’ ‘Put simply, he's brilliant. He's one of the best and most instructed barristers that we use.’

Chambers and Partners UK 2016 – Police Law

‘Always willing to fight his client’s corner and unafraid to make difficult submissions.’

Legal 500 2016 – Health and Safety

‘An effective and courteous advocate, who is empathetic and sensitive.’

Legal 500 2016 – Inquests and Inquiries

“.. a good jury advocate.”

Chambers UK 2015 – Health and Safety

Additional Information

He has lectured extensively on health and safety matters including defence strategy, corporate manslaughter, fire safety legislation and liability in respect of hospital and maternity ward security.   He gives talks on regulatory crime, the Animals Act, the Rehabilitation Code and Inquests.  He is happy to conduct in house talks and seminars as well as lecturing to larger audiences.

Iain is elected and serves as the Chairman of the Ely Place Commissioners, the smallest local authority in England and Wales.

Publications

‘Boardroom Bliss: why corporate manslaughter sentencing favours the big boys.’ – New Law Journal April 2010

‘Kill Bill 2: why senior management are losing sleep over new health and safety legislation’ – New Law Journal, January 2009

‘ In the Privy Council: Grant Adams v The Queen – Journal of Financial Crime, Vol 3, Issue 4, 1996