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Daniel Laking#2567

Daniel Laking

39 Essex Chambers
Daniel is a junior barrister specialising in civil claims, particularly Personal Injury and Insurance Fraud. He is frequently instructed in trials encompassing issues such as causation and low-velocity impact. He is also well-versed in the nuances surrounding litigation of civil claims, and is often called upon to provide advice and representation in detailed insurance law and procedural applications for both claimants and defendants. He has a detailed knowledge of costs law and its relation to personal injury matters, both in respect of the Fixed Costs regimes in CPR Part 45 and the subtleties of QOCS.

Daniel's paperwork practice encompasses pleadings and advices in a range of niche and unusual points relating to personal injuries law such as limitation, service and varying tortious claims. He is instructed in claims arising out of negligence by drivers, employers and occupiers, as well as broader property damage claims and claims against untraced defendants.
Contributed to

17

Claim by driver who incurred credit hire charges
Claim by driver who incurred credit hire charges
Precedents

This Precedent outlines particulars of claim for a road traffic accident where the claimant incurred credit hire charges.

A trial has been listed for a four-day hearing. The claimant has three witnesses and the defendant has
A trial has been listed for a four-day hearing. The claimant has three witnesses and the defendant has
Q&A

This question concerns the appropriate course of action when a trial timetable needs to be varied from the usual order.

How do you apply to change track allocation from small claims track to fast track where the claim value
How do you apply to change track allocation from small claims track to fast track where the claim value
Q&A

This Q&A considers the correct procedure for applying to reallocate a case from the small claims to the fast track when the value has subsequently increased to above the small claims limit.

How is interest on special damages calculated in personal injury claims, where the claim is a portal
How is interest on special damages calculated in personal injury claims, where the claim is a portal
Q&A

This Q&A considers how interest on special damages is calculated in personal injury claims, where the claim is a portal claim and it will not be issued in court.

I want to seek the court’s permission to order a preliminary issue on a discrete point. How do I make
I want to seek the court’s permission to order a preliminary issue on a discrete point. How do I make
Q&A

This Q&A considers the process to make an application to order a preliminary issue on a discrete point.

If a defendant considers that a claim has been brought after the expiry of a limitation period, what (if
If a defendant considers that a claim has been brought after the expiry of a limitation period, what (if
Q&A

This Q&A considers whether a defendant should note that they dispute the court’s jurisdiction when completing an acknowledgment of service if they believe there to be a limitation defence to the claim.

If liability was accepted via the Portal but proceedings were then issued under Part 8 at Stage 2 due to
If liability was accepted via the Portal but proceedings were then issued under Part 8 at Stage 2 due to
Q&A

This Q&A discusses the likely consequences of a case dropping out of the Portal but proceedings being issued under Part 8 rather than Part 7.

If the other side agrees to an extension of time for service of a claim form do you also need to make an
If the other side agrees to an extension of time for service of a claim form do you also need to make an
Q&A

This Q&A considers whether parties need to made an application to the court to extend time for service of a claim form where the parties have agreed to the extension required. The answer is based on this being a standard Part 7 claim form.

If you have not responded to a head of loss claimed within the Portal, are you deemed to have admitted
If you have not responded to a head of loss claimed within the Portal, are you deemed to have admitted
Q&A

This Q&A considers the consequences of a defendant failing to respond to a head of loss in the Portal at Stage 2.

In a small claims case, where exchange of witness statements has been ordered, can the court strike out a
In a small claims case, where exchange of witness statements has been ordered, can the court strike out a
Q&A

This Q&A considers whether the court can strike out a witness statement which was submitted after the deadline in a small claims case.

In circumstances where witnesses are required to travel a fair distance to court, is it reasonable to
In circumstances where witnesses are required to travel a fair distance to court, is it reasonable to
Q&A

This Q&A considers witness compensation when travelling to court.

In considering the value of a claim which is just below £10,000, does the court take into account the
In considering the value of a claim which is just below £10,000, does the court take into account the
Q&A

This Q&A considers track allocation under CPR 26.

The court is closed and/or understaffed due to coronavirus (COVID-19). What should we do where, for
The court is closed and/or understaffed due to coronavirus (COVID-19). What should we do where, for
Q&A

This Q&A considers how to take specific steps within litigation while courts are adjusting their work patterns to take account of coronavirus (COVID-19).

What is the process by which a CPR Part 8 claim can be reinstated if it has been struck out?
What is the process by which a CPR Part 8 claim can be reinstated if it has been struck out?
Q&A

This Q&A considers the process by which a CPR Part 8 claim can be reinstated if it has been struck out.

Where a claimant dies during small claims litigation, how should the court be alerted to the death of the
Where a claimant dies during small claims litigation, how should the court be alerted to the death of the
Q&A

This Q&A considers how a court should be alerted to a claimant’s death where the executor wishes to continue with the proceedings in a small claims litigation.

Where parties live a significant distance from one another, are they still expected to engage in
Where parties live a significant distance from one another, are they still expected to engage in
Q&A

This Q&A considers where and how mediation is to occur where parties live a significant distance from each other, with particular focus on alternative dispute resolution.

Which costs apply in a fast track claim that settles for £1,000? The defendant has made a Part 36 offer
Which costs apply in a fast track claim that settles for £1,000? The defendant has made a Part 36 offer
Q&A

This Q&A considers the fixed costs that apply under CPR 45.

Practice Areas

Panel

  • Q&A Panel

Qualified Year

  • 2015

Membership

  • Personal Injuries Bar Association

Education

  • New College Oxford, BA(Hons)
  • City University London, GDL (Commendation)
  • City Law School, BPTC (Distinction)
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