Dan Clarke practises in personal injury.

He has a particular specialism in cases with an international element, including claims raising conflicts and jurisdictional issues. He was junior counsel in the Court of Appeal and Supreme Court in the leading case of Brownlie (No. 2). He is ranked as a Tier 1 leading junior for Travel Law in the Legal 500 and a leading junior in Chambers & Partners. He also has experience of acting in claims in other jurisdictions, including in the Privy Council and in Jersey.

He undertakes clinical negligence work for both claimants and defendants and receives regular instructions from NHS Trusts. His clinical negligence work includes birth injury, spinal cord injury, fatal claims, claims concerning consent to treatment following the Montgomery decision and psychiatric injuries (especially secondary victim claims).

He has recently acted in a claim concerning a young woman who had to have bilateral above knee amputations and bilateral amputations of her fingers following sepsis and in a claim on behalf of a man in his 50s rendered tetraplegic by an undiagnosed and untreated spinal abscess. He has acted in a number of claims involving negligently performed breast surgery.

He also appears at medical inquests, representing both families and NHS trusts.

His practice also includes industrial disease, claims for historic sex abuse (including group actions), RTAs, and employers’ liability.

His broader personal injury practice encompasses catastrophic injury, road traffic, employer’s liability, and historic sexual abuse claims. Dan is recommended in Legal 500 for his expertise in personal injury.

He frequently writes and speaks on personal injury topics. He is a contributor to the APIL Guide to Accidents Abroad, a comprehensive practitioners’ text on all aspects of personal injury and illness claims with an international element. He has written for the Journal of Patient Safety and Risk Management. He is often invited to speak on legal topics in personal injury law. He has spoken at the APIL Accidents Abroad Conference.

He is a CEDR accredited mediator.

Expertise

Daniel is ranked as a leading junior in Travel in Legal 500 and is ranked in Chambers & Partners

Notable Travel Law cases


Brownlie v FS Cairo (Nile Plaza) LLC [2021] UKSC 45 (led by Sarah Crowther KC)

The leading authority on the interpretation of the “tort gateway” and the “default rule” in cases where a foreign law applies.

MXD (led by Sarah Crowther KC)

A claim on behalf of Polish man who suffered catastrophic injuries in head-on car crash in England.

Whitehead v Clarity and ors (led by Howard Stevens KC)

A large head injury claim brought under the Package Travel Regulations by a couple whose minibus turned over on a motorway while on their honeymoon in Mexico.

BH v AIG Europe

A claim by a man who broke his neck bungee trampolining on a work away day in Belgium.

Daniel is ranked as a leading junior in Personal Injury in Legal 500

Notable Personal Injury cases


MU

Acting for a Romanian carpenter in a large claim arising out of an accident at work. The claimant was working alongside a colleague when a saw, operated by his colleague cut through his thumb resulting in an amputation. Large claim for prosthetics with expert evidence from experts in prosthetics, as well as in occupational therapy, hand surgery and plastic surgery. Settled in early 2022 (confidential figure).

LXP (led by Sarah Crowther KC)

Complex, multi-party case arising out of an accident on the front drive of a house when a family car rolled back over a young child, leaving her with catastrophic brain and orthopaedic injuries. Settled (for several million pounds) and approved on first day of trial.

LXC

A claim on behalf of a victim of child sex abuse in 1970s against estate of perpetrator (settled for £300,000).

KDR

A claim on behalf of a woman left with permanent foot pain following RTA (settled for £550,000).

MA

An employer’s liability claim arising from fall down some stairs (settled for £600,000).

MX

Acted for victim of child sex abuse in 1970s and 1980s (settled at mediation for £100,000).

Daniel does a balance of claimant and defendant work.  His clients include patients, their families and NHS hospital trusts.

Notable Clinical Negligence cases


RC (led by Sarah Crowther KC)

Acting for a US citizen in his 50s on holiday in England who developed an abscess in his upper spine leading to tetraplegia.

HW and ors

Acted for family in Fatal Accident Act claim arising from negligent treatment of a man’s heart condition 15 years earlier (settled for £160,000).

SN

Acted for Trust in claim arising from alleged failure to diagnose and treat cauda equina syndrome (settled for £150,000).

TE

Acted for Trust in clinical negligence claim by family of woman who died suddenly aged 43 from undifferentiated connective tissue disorder.

HH

Acted for Trust in claim by psychiatrist against employer for head injury caused by assault by patient with iron bar.

Notable Commercial & Chancery cases


Noble Caledonia v Air Niugini

A claim by a tour operator against a national airline for 43 cancelled cruises caused by the late arrival of a flight in Singapore (settled at mediation in Singapore)

Hall v Maritek [2015] UKPC 23

An appeal to the Privy Council from the Bahamas in a claim for the sale of land worth US$11m (junior).

Anguilla Business Services Ltd v St Kitts Scenic Railway Ltd

A claim in Eastern Caribbean Supreme Court against company directors for US$3m (junior).

Related updates

Daniel Clarke is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.

"He is extremely efficient at handling complex matters and his client service is very proficient."

Travel: International Personal Injury, Chambers & Partners 2024

‘Meticulous, approachable, excellent with clients and a pleasure to deal with.'

Personal Injury, Legal 500, 2024

‘Daniel has good attention to detail and is tactically astute. His advocacy is clear, concise and he presents arguments with authority.'

Clinical Negligence, Legal 500, 2024

“Daniel handles complex matters in a thorough and efficient manner.”

Travel: International Personal Injury, Chambers and Partners 2023

"Meticulous in his approach, hard working and incredibly sharp."

Travel Law, legal 500 2023

"Daniel is very bright, but wears his erudition lightly and is thus very approachable."

Personal Injury, Industrial Disease and Insurance Fraud, legal 500 2023

"Recognised for his down-to-earth attitude in dealing with sensitive matters and conveying clear advice to clients."

Clinical Negligence, Legal 500 2023

"He is perceptive to every detail, and is deliberate and precise in his tactics."

Personal injury, Legal 500 2022

"Dan's knowledge of the area is vast and he is able to explain quite complex issues in a way clients can understand."

Travel Law, Legal 500 2022

"He is approachable, amenable, thorough and knowledgeable - utterly cool, calm and collected in high-pressure situations."

Travel, Legal 500 2021

"Has a quietly effective style and adopts a pragmatic and collaborative approach."

Personal Injury, Legal 500 2021

"He is very good on his feet in court and has a good rapport with the judges. He also provides very clear written advice and is very approachable."

Travel, Chambers and Partners 2021

"He is extremely knowledgeable, very patient and has very good attention to detail. He is very approachable but entirely professional in his work."

Travel, Chambers and Partners 2020

"Very intelligent and personable."

Travel, Chambers and Partners 2020

"He is always helpful in discussing the merits of a claim in a friendly, yet professional, manner."

Personal Injury, Legal 500 2020

"He is exceptional on cross-border personal injury claims."

Travel, Legal 500 2020

"Daniel is quick to respond and excellent on French claims."

Travel, Chambers & Partners 2019

"He's very personable and very good with clients. He understands the issues in a particular case, is very good in court and also provides very clear advice."

Travel, Chambers & Partners 2019

"He is very pragmatic and highly intellectual."

Travel, Chambers & Partners 2019

"He is great at dealing with vulnerable clients."

Travel, Legal 500 2019

"An experienced practitioner in travel claims with an especially good manner with minors. His knowledge of French is also a bonus."

Travel, Chambers & Partners 2018

"His advice is very precise, he's good on his feet and he's very down-to-earth."

Travel, Chambers & Partners 2018

"He gets into the detail and takes a quiet, considered approach."

Travel, Legal 500 2017

"Particularly noted for cases with an international element."

Personal Injury, Legal 500 2017

"He gives difficult advice very openly and honestly, and is capable of spotting tricky issues."

Travel, Chambers & Partners 2017

"Daniel is an experienced practitioner in travel claims and has an especially good manner with minors."

Travel, Chambers & Partners 2017

"Daniel is always just an e-mail away and you can have a sensible discussion around the case."

Travel, Chambers & Partners 2017

"His strengths are his eye for detail, coupled with a calm, relaxed approach."

Personal Injury, Legal 500 2016

"Very personable and good with clients."

Personal Injury, Legal 500 2015

To find out more, contact Paul Barton on +44 (0)20 7427 4907 for a confidential discussion.

Our dedicated practice management team can help you identify the right barrister for your case.

  • Accredited Mediator, CEDR
  • PEOPIL
  • EAPIL
  • PIBA
  • APIL
  • JA, Court of Appeal (2008)
  • Tutor in Criminal Law, UCL (2004/5)
  • Research Assistant, Centre for Socio-Legal Studies, University of Oxford (2004/5)
  • Research Assistant, Law Commission (2002/3)

  • French

  • Stopping the Clock – Limitation in Foreign Law Claims (June 2020)
  • Chapter on Remedies, APIL Guide to Accidents Abroad (July 2018)
  • Case note on RE v Calderdale & Huddersfield NHSFT, Journal of Patient Safety and Risk Management (January 2018)
  • Reform of the Gateways for Service Out, LexisNexis (April 2017)
  • Joining a Foreign Tortfeasor to an Odenbreit Claim, LexisNexis (July 2015)
  • The Limitations of Odenbreit, LexisNexis (June 2015)
  • The Brussels I Regulation Recast, LexisNexis (November 2014)
  • QOCS and Third Party Claims, LexisNexis (August 2014)

  • LLB (1st), Law with French Law, UCL
  • BCL, University of Oxford
  • CS en Droit Français, Université de Panthéon-Assas, Paris II
  • Prince of Wales Scholarship, Gray’s Inn

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