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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 five. One of the claimant's witnesses is unable to attend the first two days of the hearing. Is an application to court for an order to change the usual timetable of the claimant's witnesses appearing first, then the defendant's witnesses, or can this be agreed between the parties, so that the witness who is unable to attend the first two days can appear on the third day?
A trial has been listed for a four-day hearing. The claimant has three witnesses and the defendant has five. One of the claimant's witnesses is unable to attend the first two days of the hearing. Is an application to court for an order to change the usual timetable of the claimant's witnesses appearing first, then the defendant's witnesses, or can this be agreed between the parties, so that the witness who is unable to attend the first two days can appear on the third day?
Q&As
How do you apply to change track allocation from small claims track to fast track where the claim value has exceeded the small claims track threshold since first it was issued?
How do you apply to change track allocation from small claims track to fast track where the claim value has exceeded the small claims track threshold since first it was issued?
Q&As
How is interest on special damages calculated in personal injury claims, where the claim is a portal claim and it will not be issued in court?
How is interest on special damages calculated in personal injury claims, where the claim is a portal claim and it will not be issued in court?
Q&As
I want to seek the court’s permission to order a preliminary issue on a discrete point. How do I make such an application and when would be the best time to do so? If I want the issue to be considered at the first case management conference, do I still need to issue a formal application notice and pay a court fee?
I want to seek the court’s permission to order a preliminary issue on a discrete point. How do I make such an application and when would be the best time to do so? If I want the issue to be considered at the first case management conference, do I still need to issue a formal application notice and pay a court fee?
Q&As
If a defendant considers that a claim has been brought after the expiry of a limitation period, what (if any) impact does this have on a defendant’s approach to the acknowledgment of service and disputing the court’s jurisdiction?
If a defendant considers that a claim has been brought after the expiry of a limitation period, what (if any) impact does this have on a defendant’s approach to the acknowledgment of service and disputing the court’s jurisdiction?
Q&As
If liability was accepted via the Portal but proceedings were then issued under Part 8 at Stage 2 due to the defendant’s failure to act, would such a scenario necessitate proceedings to be transferred to Part 7 proceedings?
If liability was accepted via the Portal but proceedings were then issued under Part 8 at Stage 2 due to the defendant’s failure to act, would such a scenario necessitate proceedings to be transferred to Part 7 proceedings?
Q&As
If the other side agrees to an extension of time for service of a claim form do you also need to make an application to the court?
If the other side agrees to an extension of time for service of a claim form do you also need to make an application to the court?
Q&As
If you have not responded to a head of loss claimed within the Portal, are you deemed to have admitted that head of loss?
If you have not responded to a head of loss claimed within the Portal, are you deemed to have admitted that head of loss?
Q&As
In a small claims case, where exchange of witness statements has been ordered, can the court strike out a witness statement that is filed/served two weeks after the deadline and reads as a response to the witness statement that was filed/served on time?
In a small claims case, where exchange of witness statements has been ordered, can the court strike out a witness statement that is filed/served two weeks after the deadline and reads as a response to the witness statement that was filed/served on time?
Q&As
In circumstances where witnesses are required to travel a fair distance to court, is it reasonable to cover expenses relating to overnight accommodation? Is the claimant permitted to cover these costs personally if the court refuses to cover them?
In circumstances where witnesses are required to travel a fair distance to court, is it reasonable to cover expenses relating to overnight accommodation? Is the claimant permitted to cover these costs personally if the court refuses to cover them?
Q&As
In considering the value of a claim which is just below £10,000, does the court take into account the fact that the court fee will take the value over £10,000 and potentially into the fast track?
In considering the value of a claim which is just below £10,000, does the court take into account the fact that the court fee will take the value over £10,000 and potentially into the fast track?
Q&As
The court is closed and/or understaffed due to coronavirus (COVID-19). What should we do where, for example (a) I need to make an emergency application eg for a freezing or other injunction, (b) I need to pay a court fee/other, (c) I need to file and/or issue court documents by a certain deadline (d) documents are due to be served by the court?
The court is closed and/or understaffed due to coronavirus (COVID-19). What should we do where, for example (a) I need to make an emergency application eg for a freezing or other injunction, (b) I need to pay a court fee/other, (c) I need to file and/or issue court documents by a certain deadline (d) documents are due to be served by the court?
Q&As
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&As
Where a claimant dies during small claims litigation, how should the court be alerted to the death of the claimant whose executor wishes to continue the proceedings? Is there an automatic stay until Grant of Probate or can a hearing proceed without?
Where a claimant dies during small claims litigation, how should the court be alerted to the death of the claimant whose executor wishes to continue the proceedings? Is there an automatic stay until Grant of Probate or can a hearing proceed without?
Q&As
Where parties live a significant distance from one another, are they still expected to engage in mediation and if so, how and where?
Where parties live a significant distance from one another, are they still expected to engage in mediation and if so, how and where?
Q&As
Which costs apply in a fast track claim that settles for £1,000? The defendant has made a Part 36 offer of £1,000.
Which costs apply in a fast track claim that settles for £1,000? The defendant has made a Part 36 offer of £1,000.
Q&As

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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