Daniel Crowley FCIArb

Call: 1990

Arbitrator

Expertise

Insurance & Reinsurance
Private International Law
Professional Negligence
Property Damage
Commercial
International Arbitration & Projects
Personal Injury

Qualifications

B.A. LL.B (First Class Honours) (Qld.)  B.C.L. (Oxon)
FCIArb

Appointments

Fellow of The Chartered Institute of Arbitrators (2000)
Chartered Arbitrator, Member of The Chartered Institute of Arbitrators’ Panel of Chartered Arbitrators (2004)
TECBAR Adjudicator (2004)
Member, Dubai International Financial Courts (DIFC) Register of Legal Practitioners (2008)

Practice Profile

Specialises in insurance, professional liability, product liability, property damage/recovery actions, general commercial law and personal injury actions. He acts in arbitrations and mediations in his areas of practice both as advocate and as an arbitrator. He accepts work in accordance with the Bar Council’s Public Access Scheme.

 

Insurance & Reinsurance

Daniel Crowley acts in all aspects of commercial insurance including coverage issues, policy construction,misrepresentation, non-disclosure, breach of warranty, estoppel, waiver and reservation of rights. He has a particular expertise in insurance fraud. He also has expertise in motor insurance (including claims against the MIB) and permanent health insurance and critical illness claims. He also acts for and against brokers as part of his professional negligence practice. He lectures on insurance issues especially insurance fraud.

Notable cases include:

 

  • Puiu v Ethos Recycling Ltd v Brit Insurance Ltd (High Court, QBD 2008) Action by Defendant for breach of contract after Brit’s failure to indemnify it in respect of an EL claim made against it. (Instructed by Clarke Willmott and Ince & Co.). 

 

  • Provident Insurance plc v (1) Ferguson (2) Griffiths Insurance and (3) Norwich Union plc (High Court, QBD, London Mercantile Court 2009) Action for declaration that Provident entitled to avoid policy on grounds of material non-disclosure/mis-representation. Action linked to trial of Hames v Ferguson and Others (High Court QBD, 2008) and appeal to Court of Appeal, [2008] All ER (D) 152 CA (instructed by Greenwoods).  userfiles/file/Success_for_Daniel_Crowley_in_the_Court_of_Appeal.doc

 

  • Kansara v Zurich Insurance Company Ltd [High Court, TCC, HHJ Peter Coulson QC, 2007] Claim on household insurance policy for subsidence damage. Case settled part way through Claimant’s cross-examination (instructed by Beachcroft LLP)

 

  • Crowe Dedicated (No. 2) Ltd. v Business Life Direct Ltd. and Teachercare Ltd. [High Court, QBD, Commercial Court, Christopher Clarke J, 2005]. Sums due on premium/claims bordereaux (instructed by Bryan Cave).

 

  • Sweetnam v Direct Line Insurance [High Court, QBD, Bristol District Registry 2004].

    Fraudulent claim; claim discontinued after service of Defence.  (Instructed by Beachcroft Wansbroughs)

 

  • Wilks v Legal & General Insurance Ltd [High Court, QBD, Commercial Court, 2002, Thomas J]
    Double insurance and rights of contribution between insurers (instructed by Beachcroft Wansbroughs).

 

  • Farley v Direct Line Insurance [High Court, QBD, 2001]
    Breach of warranty, misrepresentation, material non-disclosure and fraud (instructed by Beachcroft Wansbroughs).

 

  • Van Beuningen v BEI and DR Neil and Others [Central London County Court 2001] Bloodstock Insurance/Brokers’ negligence. Acted for underwriters (instructed by Barlow Lyde & Gilbert).

 

  • Peppard v Hobbs and Royal & Sun Alliance [Luton County Court, Mr Recorder Brunner QC, 2001] Fraudulent Insurance Claim (instructed by Beachcroft Wansbroughs).
  • Taylor v Prudential Assurance Company Ltd [Manchester County Court, 1999] Fraudulent insurance claim (instructed by Prudential).

 

  • GIO Personal Investment Service Ltd v Liverpool & London Steamship Protection and Indemnity Association Ltd. and Others [High Court, QBD, Commercial Court, Colman J, 1998] post-judgment Mareva injunction in re insurance case (instructed by Berry & Berry).

 

  • Kaan Hasip v Cigna Insurance Co of Europe SA - NV [High Court, QBD, Judge in Chambers, 1998] Permanent Health Insurance (instructed by Davies Lavery).

 

  • Cannon v Zurich Insurance Company & Sun Alliance Group [High Court, QBD, Astill J, 1997] Fraudulent insurance claim. (instructed by Beachcroft Wansbroughs London).

 

Professional Negligence

Acting for and against solicitors,accountants,auditors financial advisers,valuers,surveyors, engineers, architects and other construction professionals,insurance brokers and local authority officers.

 

  • Shrubbery Farms Ltd and Others v Baverstocks [High Court, QBD 2006] Accountant’s/auditor’s negligence.  Acted for Claimant.  Action settled shortly before 3 week trial due to commence (instructed by Stanley Tee & Co).

 

 

  • Primavera v Allied Dunbar  [2001] All E R (D) 231 (QBD); [2003] Lloyd’s Rep PN 14; [2002] All ER (D) 54 (CA) [Trial, High Court, QBD, HHJ Hawkesworth QC, November 2001; Court of Appeal, (Simon Brown, Latham and Mance LLJ) [2002] EWCA Civ 1327. Negligent pension advice (instructed by Wragge & Co). Primavera discussed in Stapleton, “Cause-in-Fact and the Scope of Liability for Consequences” (2003) 119 LQR 388 at 422-423.

 

  • Dainty & Others v Reynolds & Others. [Court of Appeal, Chadwick LJ and Rix LJ, 2000; Trial High Court QBD Holland J, 2001] CA – [2000] All E R (D) 2010; High Court – [2001] All E R (D) 43 Agricultural Consultant’s Negligence action. (Instructed by Druces & Attlee).

 

  • Vanstone v O.H. Parsons & Partners (instructed by Blake Turner & Co.). Claim for damages against solicitors after personal injury claim struck out for delay.

 

  • Van Beuningen v BEI and Dr Neil and Others. [Central London County Court  2001] Bloodstock insurance, Insurance Broker’s negligence. Acted for underwriters (instructed by Barlow Lyde & Gilbert).

 

  • A&J Roberts v Brockbank Tyson & Co [Carlisle County Court, 2000]. Solicitors’ negligence (instructed by HFT Gough & Co)

 

  • Bristol & West Building Society v Acland and Lensam (a firm). [High Court, QBD, Lightman J (Bristol & West Managed litigation), 1998]. Surveyor’s negligence.  Action settled (instructed by Kennedys).

 

  • Burton v Penwith District Council and Ors [High Court, QBD, Judge in Chambers, 1998] Represented various Councils in the West Country and their employees who were sued for negligence after the Claimant had his Housing Benefit revoked (instructed by Veitch Penny).

 

  • Delapena Honing Equipment v Cheltenham Borough Council [High Court, ChD, Bristol District Registry, Hazel Williamson QC, 1997] Represented Defendant Council in action for negligent mis- statement in providing information over telephone on the rateable value of land (instructed by Metcalfes).
     

 

Property Damage

Product Liability/Property Damage/Recovery Actions

He has expertise in all areas of product liability/property damage/recovery claims including damage caused by defective products, fires, floods, tree roots, heave, explosions and vibrations. By reason of his insurance expertise. he has particular expertise and experience of claims on insurance policies in respect of property damage.

  • DCT Civil Engineering Limited v Ascot Enviromental Ltd (High Court, QBD, Manchester DR, TCC). Action arising from representation of ground conditions for tunnelling/pipejacking. (instructed by Adie O 'Reilly LLP).

 

  • George and George v Ministry of Defence (High Court, QBD,2008) Property damage claim against MOD. Action received extensive coverage in main national newspapers and on the internet. (Instructed by Beachcroft LLP).

 

  • Hough v Annear (Truro County Court), (2008)119 Con LR 57 Party Wall Act claim. Interesting decision on whether an action for breach of statutory duty for failing to comply with the Party Wall Act 1996. The Judge also considered the damage to the claimants' property and nuisance. (Instructed by Beachcroft LLP).

 

  • Wilson and Smith v Chelmsford BC and Essex CC (High Court, QBD,Walker J, 2007) Tree root subsidence case. Claimants discontinued action shortly after application to adjourn. (Instructed by Plexus LLP).

 

  • Eiles v London Borough of Southwark [2006] All E R (D) 237 (High Court, QBD, TCC, Ramsey J) Acted for Claimant (instructed by Plexus Law)

 

  • Wessanen Foods Ltd v Jofson Ltd [2006] All E R (D) 48 (High Court, QBD, TCC, His Honour Judge Peter Coulson QC). 2 week Fire Claim (instructed by Beachcroft LLP)

 

  • Wilson & Wilson v Cornwall County Council [High Court, QBD,Bristol DR,TCC, HHJ Havelock-Allen QC] Flood Claim. (instructed by Beachcroft Wansbroughs)

 

  • The Trustees of the Portman Family Settled Estate v EDF Energy plc. [TCC,2005] Fire Claim. Acted for the Claimant and action settled 3 days before trial (Instructed by Beachcroft Wansbroughs)

 

  • Charley's Horse Mexican Cantina v Try Construction Ltd and Ors [TCC, HHJ Humphrey Lloyd QC,2003] Nuisance, property damage and loss of profits to a business due to inconvenience (instructed by Beachcroft Wansbroughs)

 

  • Six Continents Retail Ltd v GSS Security Systems Ltd and Ors [TCC, HHJ Humphrey Lloyd QC,2003] Fire Claim (instrcted by Plexus Law)

 

  • L E Jones (Insurance Brokers) Ltd v Portsmouth City Council [2002 BLR 244,[2002] All E R (D) 231 (TCC); [2003] 1 WLR 427,[2002] All E R (D) 90,The Times 21.11.01 (CA) [TCC,HHJ Harvery QC, 2002; CA Aldous LJ, Dyson LJ 2002] tree root subsidence claim. Issues of agent's liability in nuisance, reasonable opportunity to abate and mitigation. (instructed by plexus law)

 

  • O'Reilly v Railtrack plc [TCC,HHJ Toulmin CMG QC,2002] Flood damage claim. Summary disposal.(instructed by plexus law)

 

  • SPP Real Estate (Retail Warehouses) Ltd (in liquidation)and others v Mason Rich and Others [TCC, HHJ Toulmin CMG QC,2001] Water damage to shopping centre after failure of siphonic drainage system in roof. Case Settled at a mediation (instructed by Beachcroft Wansbroughs, London)

 

  • Video London Sound Studios Ltd v Asticus (GMS) Ltd and Keltbray Ltd [2001 All E R (D) 168 [TCC, HHJ Wilcox 2001] Nuisance from vibrations from demolition works (instructed by Beachcroft Wansbroughs, London)

 

  • Anglian Water Services Ltd. v Crawshaw Robbins & Co Ltd. [2001] BLR 173[Stanley Burnton J].Claim after gas pipes and electricity cables flooded when a water main was hit by sub-contractors. Issues of recoverability of various heads of damage in nuisance,negligence and pursuant to the Water Industry Act 1991 (instructed by Williams Davies Meltzer)

 

Commercial

Wide range of commercial work with particular experience in sale of goods; carriage of goods including CMR Convention and RHA terms; jurisdiction disputes; freezing (Mareva) injunctions; Company Director Disqualification proceedings; Litigation arising out of Lloyds’ disputes.

 Notable cases include:

  • Mid Hants Railways plc v. John Bunch (High Court, QBD, 2004) Restitution, quantum meruit. Action settled in week before commencement of 2 week High Court trial (instructed by Dutton Gregory)

 

  • Polymetal Ltd v Remploy Ltd (High Court, QBD 2002)High value Sale of Goods case. Case settled after a 2 day mediation at Claimants’ solicitors’ (Norton Rose) offices (instructed by Stone King)

 

  • Challenger t/a Hirwan Saw Mills v County Industrial Supplies Ltd (High Court, QBD, Cardiff Mercantile Court)Sale of Goods. (instructed by Beachcroft Wansbroughs)

 

  • Ryder plc v. Sarp UK Ltd and Onyx UK Ltd (High Court, QBD, Birmingham Mercantile Court, HHJ Norris QC) Debt due after termination of a vehicle leasing and service agreement. Various legal issues including estoppel, misrepresentation and UCTA (instructed by Eversheds).
  • Orion Finance Ltd v. Blackspur Leasing plc and Ors (Commercial Court 2001) Conversion, CMR, Italian Law (instructed by Berwin Leighton).

 

  • Hooper & Ors v. Gorvin [2000] All E R (D) 1868; [2001] WTLR 575[High Court Chancery Division, Kevin Garnett QC 2000] Fiduciary duties of agent (instructed by Beachcroft Wansbroughs).

 

  • Allied Carpets plc v. Nethercott [High Court, QBD, Poole J, 1999]Freezing Order (instructed by Allen & Overy). 

 

  • McLelland & Ors v. Public Affairs Associates Ltd and Others[High Court, QBD, James Goudie QC, 1998] Litigation against a Lloyds Names Action Group.

 

  • Thai Farmers Bank Ltd v. Middle East Products Expert Co SA and Waltons & Morse (a firm) [High Court, QBD, Commercial Court, Longmore J, 1998] Brussels Convention dispute.  Recovery of money in escrow account (instructed by Gregory Rowcliffe and Milners).

 

  • Tally Ltd v. Henry Pollock Ltd and ITC Logistics Gesellschaft GmbH [High Court, QBD, Judge in Chambers, 1998] Injunction for delivery up of property held by a joint venturer (instructed by Clyde & Co).

 

  • Crystal Palace Investments Ltd v. Whitbread Developments Ltd and DTZ Debenham Thorpe (Southern) Ltd [High Court, Chancery Division, 1996] Injunction to restrain breach of confidence arising from a joint venture agreement.   Led by William Crowther QC (instructed by Alastair Thomson & Co).

 

  • Secretary of State for Trade and Industry v. Parsons and Others [High Court, Chancery Division, 1996] Represented a company director in disqualification proceedings brought by DTI (instructed by Eversheds).

 

  • Mobil Sales & Supply Corporation v. Shaher Abdul Hak & STCO[High Court, QBD, Webster J, 1995] Mareva Injunction. Led by Alex Layton QC (instructed by Frere Cholmeley Bischoff).

 

International Arbitration & Projects

Daniel Crowley is a Fellow of the Chartered Institute of Arbitrators and a Chartered Arbitrator. He is on the Chartered Institute of Arbitrators Panel of Chartered Arbitrators. He is a member of the London Court of International Arbitration.

 

Advocate

He regularly appears as an advocate in arbitrations. Recent arbitrations as advocate;-

  • Substantial LCIA arbitration on international tank containers. He led Joseph Sullivan of 2 Temple Gardens (instructed by Laytons)

 

  • Claim arising from a fire on the roof of a Royal Mail Post Office (instructed by Plexus Law)

 

  • He also advises and appears in Court on arbitration claims: see, for example, Crest Nicholson (Eastern) Ltd v Mr and Mrs Western [2008] 1 BLR 426.

 

Arbitrator

He sits as an arbitrator. He has sat as an arbitrator on appointments from the CIArb including international arbitration.Recent arbitrations as arbitrator:-

  • Dispute over funds in an escrow account following a share sale.

 

  • Arbitration arising from Legal Services Commission's termination of its contract with a solicitors firm

 

Personal Injury

Daniel has appeared in a wide range of personal injury and Fatal Accident Act cases. He has appeared in a wide variety of County Court and High Court personal injury trials, with and without leaders. He has argued personal injury cases in the Court of Appeal on a number of occasions. He has wide experience of interlocutory applications in the personal injury field. He has particular expertise in MIB, RTA insurance and accidents abroad. He now concentrates on high value claims. He acts for Claimants and Defendants and acts on a CFA basis.

Recent important cases include: 

  • Ludlow v. National Power plc [2000] All ER (D) 1868 (CA) -Court of Appeal authority on the duty of a Judge to give reasons in resolving as dispute between medical experts.

 

  • Khanna v Somra [2002] All ER (D) 56 (High Court,QBD).Liability of joint tortfeasors when 2 cars were “racing” 

 

  • Kanu v Kashif [2002] All ER (D) 496 (CA).Court of Appeal authority on disallowing a loss of earnings claim when “moonlighting” while in receipt of State Benefits.

 

 

  • Acting for a victim of the Paddington rail disaster in her claim for compensation.

Notable Cases

Daniel has appeared in the following reported cases:

Bole and Van Den Haak v (1) Huntsbuild Ltd and (2) Richard Money (t/a Richard Money Associates) (2009) 124 Con LR 1; [2009] WLR (D) 98; [2009] All E R (D) 195 [2009] EWCA Civ 1146 userfiles/file/Daniel%20Crowley%20wins%20in%20the%20Court%20of%20Appeal%20-%20Bole%20v%20Huntsbuild%20Ltd%20and%20Richard%20Money%20-%2020_10_09%20-%20DC.doc; 

 

Porter v Zurich Insurance Company Ltd.(High Court QBD,Liverpool DR 2009, Coulson J) [2009] All E R (D) 152; [2009] 2 All E R (Comm) 658. userfiles/file/Porter%20v%20Zurich%20Insurance%20Company.doc

 

Hames v Ferguson [2008] All E R (D) 152 (CA) userfiles/file/Hames%20v%201)%20Ferguson%202)%20Wootton%203)%20Provident%20Insurance%20plc.doc

 

 

Hough v Annear (2008) 119 Con LR 57

 

Crest Nicholson (Eastern) Ltd v Mr and Mrs Western [2008] 1 BLR 426; [2008] All E R (D) 249.

Eiles v London Borough of Southwark [2006] All E R

(D)237

                                                     

Wessanen Foods Ltd v Jofson Ltd [2006] All E R (D) 48  

 

The Burns – Anderson Independent Network plc v Frances Henry Wheeler [2005] Lloyd’s Rep 580 (QBD) userfiles/file/The%20Burns%20-%20Anderson%20v%20Frances%20Henry%20Wheeler.doc

 

Brown v Vosper Thorneycroft Ltd [2004] All ER (D) 375

 

24 Seven Utility Services Ltd v Rosekey Ltd (t/a Atwal Builders) and Another [2004] All E R (D) 288

 

Kanu v Kashif [2002] All E R (D) 496 (CA)

 

L E Jones (Insurance Brokers) Ltd v Portsmouth City Council [2002] BLR 244; [2002] All E R (D) 231 (TCC); [2003] 1 WLR 427, [2002] All E R (D) 90, The Times 21.11.02 (CA)

 

Khanna v Somra and Others [2002] All E R (D) 56 (QBD)

 

Primavera v Allied Dunbar plc [2003] Lloyd’s Rep PN 14 [2001] All E R (D) 231 (QBD); [2002] All ER (D) 54 (CA)

 

Video London Sound Studios v Asticus (GMS) Ltd and Keltbray Ltd [2001] All E R (D) 168 (TCC)

 

Anglian Water Services Ltd v Crawshaw Robbins & Co Ltd [2001] BLR 173 (QBD)

 

Dainty and Others v Reynolds and Others (CA) [2000] All E R (D) 2010; (High Court, Holland J ) [2001] All E R (D) 43

 

Ludlow v National Power plc [2000] All E R (D) 1868(CA);

 

Hooper & Ors v Gorvin [2000] All ER (D) 2165; [2001] WTLR 575; [2001] EGCS 130; [2000] NPC 140 (Ch. D)

 

Kamenou v Dodson [1999] 2 All ER 764; [1999] BLR 72 (TCC).

 

Cooper v Fearnley, Re A Debtor (No. 103) of 1994 [1997] B.P.I.R 20 (Ch. D)

 

Kahl v Holderness Borough Council [1995] PIQR P401 (CA)

 

Talbot v Berkshire County Council [1994] Q.B. 290 (CA)

Additional Information

Articles

  • Why professionals will face more claims, Berrymans Specialist Group Newsletter, February 2000 

 

 

 

 

 

 

  • Burning Down the House, On Risk, Summer 2009

    userfiles/file/newsletter.pdf

 

Seminars

  • Advocates’ Immunity – Richards Butler 07.08.01

 

  • Nuisance – Berrymans Lace Mawer – 11.12.01

 

  • Insurance Fraud – 2tg – 26.03.02.

 

  • Fraudulent Claims and Fraudulent Devices – Berrymans Lace Mawer – 09.07.02

 

  • Motor Fraud – Beachcroft Wansbroughs – Birmingham – 09.03.04

 

  • Permanent Health Insurance – 2tg – 30.09.04

 

  • Fire Claims Update - Beachcroft LLP, 12.06.07

 

  • Causation: Tips and Tactics - Subsidence Forum - 25.09.08

 

  • Fit for Habitation - Plexus Law - 07.05.09

 

  • Burning Down the House - 2tg 21.05.09; Kennedys 29.05.09; Manchester 25.11.09 

 

  • Defective Premises: the 1972 Act and its alternatives - 2tg-01.12.09, Manchester 09.02.10 ; Kennedys 03.03.10

 

Awards

  • Butterworths Prize for Contract 1983

 

  • Walter Harrison Prize for Land Law 1985

 

  • John Hughes Wilkinson Memorial Prize in Law 1987

 

  • Morris Fletcher and Cross Prize in Law 1987

 

  • University Medal 1987

 

  • Rhodes Scholar 1987

 

  • Gray’s Inn Holt Scholar 1989

 

  • Gray’s Inn Holker Senior Award 1990

 

Affiliations

  • Commercial Bar Association (Committee Member 2000 - 2007)

 

  • London Court of International Arbitration (LCIA)

 

  • London Common Law and Commercial Bar Association (LCLCBA) 

 

  • Professional Negligence Bar Association (PNBA)

 

  • Technology and Construction Bar Association (TECBAR)

 

  • Western Circuit 

 

  • Personal Injuries Bar Association (PIBA)

 

  • Bar Council Education and Training Committee 2004 – 2005

 

  • Bar Standards Board Standards Committee 2006 -

 

  • Bar Standards Boards Pupillage Sub-Committee 2006 –

 

  • Bar Standards Board Strategic Review Implementation Steering Group (2008 - 2009) which implemented the new Complaints Rules and Disciplinary Tribunal Regulations for Barristers.

 

  • Gray’s Inn Advocacy Trainer (from 2000) training BVC students, Pupils and New Practitioners - "A" grade trainer.

 

  • 2TG Equal Opportunities Officer 2006 - 2010

 

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