Photo of Daniel Crowley C.ARB

Daniel Crowley C.ARB

Call 1990

dcrowley@2tg.co.uk

+44 (0)20 7822 1200

"He is very bright and spot-on legally."

Chambers UK 2017

"He is excellent, really thorough and very clever."

Chambers UK 2017

Practice Overview

Daniel Crowley is a very experienced trial lawyer. He has fought dozens of cases to trial. He specialises in insurance, professional liability, product liability/property damage, commercial litigation and arbitration. He acts for Claimants on a “no win/no fee” Conditional Fee Agreement (“CFA”) and Damages Based Agreement (“DBA”) basis. He also acts in accordance with the direct Public Access Scheme.

Chambers & Partners, London Bar, Property Damage, Leading Juniors, Band 1, 2017, 2016, 2015 where he is described as follows:-

“He is a very astute individual, who has a keen eye for detail, and is very thorough in what he does. He is always methodical, clear and concise, and you can see his passion for the law.”

“Gives firm and clear advice and is happy to stand by that advice.”

“He is excellent, really thorough and very clever.”

“He is very bright and spot-on legally.” 

Commercial Disputes Barrister of the Year, Lawyer Monthly Legal Awards 2016

Insurance & Reinsurance

Daniel Crowley acts in all aspects of commercial insurance including insurance claims, coverage issues, policy construction, misrepresentation, non-disclosure, breach of warranty, estoppel, waiver and reservation of rights and ICOBS/Insurance Conduct of Business Sourcebook. 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:


  • PNCL Precision Limited (in Liquidation) v (1) The National Insurance and Guarantee Corporation Ltd (t/a NIG); and (2) Irvine Commercial Brokers Ltd (High Court, QBD, London Mercantile Court).
    Acted (leading Tim Killen) for Claimant in claim against insurers and insurance brokers. Action settled shortly before trial. (Instructed by Buss Murton LLP).
  • X v Skandia 2011.
    Successfully represented a Claimant in his insurance claim against Skandia after its rejection of his claim under a critical illness policy. Achieved a full payment of the sum insured under the policy for the critical illness (heart attack). Additional claims made under the ICOBS/Insurance Conduct of Business Rules and Financial Services and Markets Act 2000. Represented the Claimant on direct Public Access and instructed by Just Costs.
  • Porter v Zurich Insurance Company Ltd (High Court QBD, Liverpool DR 2009, Coulson J) [2010] Lloyd’s Rep IR 373;  [2010] Lloyd’s Rep IR Plus 11; [2009] All ER (D) 152 (QB); [2009] 2 All E R (Comm) 658; (2009) NPC 38; (2009) ILM 75.
    Successfully defended Zurich at trial of claim on insurance policy after Claimant deliberately set fire to his own house. (Instructed by Beachcroft LLP).
    View Associated File ->>
  • 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. Action settled.(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)
    Successfully represented Provident in 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).
    View Associated File ->>
  • Kansara v Zurich Insurance Company Ltd [High Court, TCC, HHJ Peter Coulson QC, 2007]
    Represented Zurich at trial of claim on household insurance policy for subsidence damage. Case settled part way through my cross-examination of the Claimant (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. Action settled. (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 Liability

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

 

Notable cases include:


  • PNCL Precision Limited (in Liquidation) v (1) The National Insurance and Guarantee Corporation Ltd (t/a NIG); and (2) Irvine Commercial Brokers Ltd (High Court, QBD, London Mercantile Court).
    Acted (leading Tim Killen) for Claimant in claim against insurers and insurance brokers. Action settled shortly before trial. (Instructed by Buss Murton LLP)
  • Zennstrom and Another v Fagot and Others [2013] EWHC 288 (TCC) (Edwards-Stuart J) (2013) 147 Con LR 162, [2013] All ER (D) 287 (Feb), (2013) 30 BLM 46.
    Successfully represented Defendants (2 and 3) (leading David Thomas) in a claim under s.1 (4) (a) Defective Premises Act 1972 alleging building work commissioned “in the course of a business”. Instructed by Fisher Scoggins Waters LLP.
    View Associated File->>
    Telegraph Article->>
    Daily Mail Article->>
  • Rickwood and Rickwood v David Mitchell (t/a Mitchell Evans Partnership) (High Court, TCC, 2011).
    Acted for Claimants in claim against architect for breach of contract, negligence and breach of the Defective Premises Act 1972 in respect of a leaking, damp basement (instructed by Clyde & Co).
  • Jenson and Jenson v Faux, Court of Appeal (Lord Neuberger MR, Longmore LJ, Etherton LJ) 13.04.11, [2011] 1 WLR 3038;  [2011] EWCA Civ 423; The Times Law Reports 26.04.11; (2011) 30 LIT 663; (2011) 28 BLM 57; (2011) CILL 3025; [2011] TCLR 4; [2011] HLR 30; [2011] 2 P & CR 11; [2011] NPC42.
    Successfully represented Defendant in obtaining summary judgment on a claim under the Defective Premises Act 1972. Applicability of the Defective Premises Act 1972 to existing dwellings. (instructed by Trowers & Hamlins LLP)
    View Associated File
  • Bole and Van Den Haak v (1) Huntsbuild Ltd and (2) Richard Money (t/a Richard Money AssociatesHigh Court, QBD, TCC, HHJ Toulmin CMG QC [2009] EWHC 483 (TCC); Reported (2009) 124 Con LR 1; (2009) CILL 2697; [2009] WLR (D) 98; [2009] All E R (D) 195 ; Court of Appeal (Pill,Dyson,Longmore LLJ) [2009] EWCA Civ 1146. Reported (2010) 127 Con LR 154; [2010] All ER (D) 84; (2010) 27 BLM 34.
    Successfully represented Claimants in trial and appeal in an action against a builder and an engineer under the Defective Premises Act 1972. Meaning of ”fit for habitation” under DPA (instructed by Plexus Law.)
    View Associated File ->>
  • Shrubbery Farms Ltd and Others v Baverstocks [High Court, QBD 2006] Accountant’s/auditor’s negligence.
    Acted for Claimants. Action settled shortly before 3 week trial due to commence (instructed by Stanley Tee & Co).
  • The Burns-Anderson Independent Network plc. v Wheeler [High Court, QBD, Bristol Mercantile Court, HHJ Havelock-Allen QC [2005] Lloyds Rep 580.
    Financial adviser’s negligence. Successfully represented Claimants in establishing valid service. (instructed by CMC Cameron McKenna).
    View Associated File ->>
  • Primavera v Allied Dunbar[2001] All E R (D) 231 (QBD); [2003] Lloyd’s Rep PN 14; [2002] All ER (D) 54; (2003) PNLR 12 (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). Primaveradiscussed 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. Successfully represented Defendant. (Instructed by Druces & Attlee).
  • Vanstone v O.H. Parsons & Partners (instructed by Blake Turner & Co.).
    Acted for Claimant in claim for damages against solicitors after personal injury claim struck out for delay. Action settled.
  • 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].
    Acted for successful Claimants in trial of a solicitors’ negligence action (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]
    Successfully 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]
    Successfully represented Defendant Council in action for negligent mis- statement in providing information over telephone on the rateable value of land (instructed by Metcalfes).
Product Liability

He has expertise in all areas of product liability/property damage/recovery claims including damage caused by defective products, fires, floods/flooding, 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.

 

Notable cases include:


  • Rendlesham Estates plc and Others v Barr Limited
    (High Court, QBD, TCC) 28 November 2014, [2015] 1 WLR 3663; [2015] BLR 37, [2015] TCLR 1; (2015) 157 Con LR 147; [2015] CILL 3604.
    Acted for Defendant in defence of a large Defective Premises Act 1972/DPA claim. Led by Lords Marks QC with Martin Hirst (instructed by DWF LLP).
  • Ferndown Developments Ltd v (1) Express Hire (Dorset) Limited (2) JCB and Others (High Court, QBD).
    Breach of contract and Consumer Protection Act 1987 claim. (instructed by Kennedys, Birmingham).
  • Hufford v Samsung Electronics (UK) Ltd (High Court, QBD, TCC) 8 September 2014 [2014] BLR 633,
    Proper interpretation of the tests under Consumer Protection Act 1987 and proof of causation in product liability claims. (instructed by DAC Beachcroft Claims Ltd).
  • Robbins v LB Bexley (Court of Appeal: Moore-Bick LJ, Aikens LJ, Vos LJ) 17 October 2013. [2013] EWCA Civ 1233; [2014] BLR 11; [2013] All E R (D) 177; (Edwards-Stuart J) [2012] LLR 976.
    Acted for successful Claimant in a tree root subsidence claim against a Local Authority. The Court Appeal considered the correct test of causation in law and in fact. (Instructed by Plexus Law). See Defining Causal Counterfactuals in Negligence, (2014) 130 LQR pp.564 – 567
    View Associated File – >>
  • Khan and Khan v (1) London Borough of Harrow; and (2) Helen Sheila Kane [2013] EWHC 2687 (TCC); [2013] BLR 611; [2013] All ER (D) 32; (2013) CILL 3421, (Ramsey J).
    Acted for successful Claimants in a tree root subsidence claim against a private individual owner of a domestic property. (Instructed by Kennedys)
    View Associated File – >>
  • BMG (Mansfield) Ltd v (1) Galliford Try Construction Ltd and (2) Aedas Architects Ltd.
    28 October 2004 fire at McArthur Glen East Midlands Designer Outlet, South Normanton. (instructed by Berrymans Lace Mawer LLP)
  • Tabor v Brookfield Multiplex Construction Europe Ltd and Others (High Court, QBD, TCC, Coulson J)
    Acted for Claimant in Defective Premises Act 1972/Consumer Protection Act 1987 claim against a number of Defendants arising from pressure reducing valves at 199 Knightsbridge. Claim settled after multi-party CMC and mediation. (Instructed by Plexus Law)
  • Foster and Another v Stojanovski (High Court, QBD, Haddon Cave J) [2011] All E R (D) 157.
    Acted for purchasers of domestic residential purchasers of a dwelling in a misrepresentation claim against the vendor/developer. Instructed on Public Access and by Lyons Davidson.
  • DCT Civil Engineering Limited v Ascot Enviromental Ltd (High Court, QBD, Manchester DR, TCC).
    Acted for Claimants in action arising from representation of ground conditions for tunnelling/pipejacking. Action settled (instructed by Adie O ‘Reilly LLP).
  • George and George v Ministry of Defence(High Court, QBD,2008)
    Acted for Claimants in 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 for successful Claimant at trial (instructed by Plexus Law)
  • 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 [(CA) [TCC,HHJ Havery QC, 2002; CA (Aldous LJ, Dyson LJ). Reported: [2002] BLR 244; [2002] All E R (D) 231 (TCC); [2003] 1 WLR 427; [2003] BLR 67; (2003) 87 Con LR 169; [2002] All E R (D) 90; (2003) 15 EG 139; (2002) 47 EG 146 (CS); The Times 21.11.01
    Acted for successful Claimants at trial and on appeal in a 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]
    Acted for successful Claimants in a trial of an action for 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)
Property Damage

He has expertise in all areas of product liability/property damage/recovery claims including damage caused by defective products, fires, floods/flooding, 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.

 

Notable cases include:


  • Rendlesham Estates plc and Others v Barr Limited
    (High Court, QBD, TCC) 28 November 2014, [2015] 1 WLR 3663; [2015] BLR 37, [2015] TCLR 1; (2015) 157 Con LR 147; [2015] CILL 3604.
    Acted for Defendant in defence of a large Defective Premises Act 1972/DPA claim. Led by Lords Marks QC with Martin Hirst (instructed by DWF LLP).
  • Ferndown Developments Ltd v (1) Express Hire (Dorset) Limited (2) JCB and Others (High Court, QBD).
    Breach of contract and Consumer Protection Act 1987 claim. (instructed by Kennedys, Birmingham).
  • Hufford v Samsung Electronics (UK) Ltd (High Court, QBD, TCC) 8 September 2014 [2014] BLR 633
    Proper interpretation of the tests under Consumer Protection Act 1987 and proof of causation in product liability claims. (instructed by DAC Beachcroft Claims Ltd).
  • Robbins v LB Bexley (Court of Appeal: Moore-Bick LJ, Aikens LJ, Vos LJ) 17 October 2013. [2013] EWCA Civ 1233; [2014] BLR 11; [2013] All E R (D) 177; (Edwards-Stuart J) [2012] LLR 976.
    Acted for successful Claimant in a tree root subsidence claim against a Local Authority. The Court Appeal considered the correct test of causation in law and in fact. (Instructed by Plexus Law). See Defining Causal Counterfactuals in Negligence, (2014) 130 LQR pp.564 – 567
    View Associated File – >>
  • Khan and Khan v (1) London Borough of Harrow; and (2) Helen Sheila Kane [2013] EWHC 2687 (TCC); [2013] BLR 611; [2013] All ER (D) 32; (2013) CILL 3421, (Ramsey J).
    Acted for successful Claimants in a tree root subsidence claim against a private individual owner of a domestic property. (Instructed by Kennedys)
    View Associated File – >>
  • BMG (Mansfield) Ltd v (1) Galliford Try Construction Ltd and (2) Aedas Architects Ltd.
    28 October 2004 fire at McArthur Glen East Midlands Designer Outlet, South Normanton. (instructed by Berrymans Lace Mawer LLP)
  • Tabor v Brookfield Multiplex Construction Europe Ltd and Others (High Court, QBD, TCC, Coulson J)
    Acted for Claimant in Defective Premises Act 1972/Consumer Protection Act 1987 claim against a number of Defendants arising from pressure reducing valves at 199 Knightsbridge. Claim settled after multi-party CMC and mediation. (Instructed by Plexus Law)
  • Foster and Another v Stojanovski (High Court, QBD, Haddon Cave J) [2011] All E R (D) 157.
    Acted for purchasers of domestic residential purchasers of a dwelling in a misrepresentation claim against the vendor/developer. Instructed on Public Access and by Lyons Davidson.
  • DCT Civil Engineering Limited v Ascot Enviromental Ltd (High Court, QBD, Manchester DR, TCC).
    Acted for Claimants in action arising from representation of ground conditions for tunnelling/pipejacking. Action settled (instructed by Adie O ‘Reilly LLP).
  • George and George v Ministry of Defence(High Court, QBD,2008)
    Acted for Claimants in 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 for successful Claimant at trial (instructed by Plexus Law)
  • 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 [(CA) [TCC,HHJ Havery QC, 2002; CA (Aldous LJ, Dyson LJ). Reported: [2002] BLR 244; [2002] All E R (D) 231 (TCC); [2003] 1 WLR 427; [2003] BLR 67; (2003) 87 Con LR 169; [2002] All E R (D) 90; (2003) 15 EG 139; (2002) 47 EG 146 (CS); The Times 21.11.01
    Acted for successful Claimants at trial and on appeal in a 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]
    Acted for successful Claimants in a trial of an action for 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)
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.

 

Notable cases include:


  • Rickwood and Rickwood v David Mitchell (t/a Mitchell Evans Partnership) 
    (High Court, TCC, 2011). Acted for Claimants in claim against architect for breach of contract, negligence and breach of the Defective Premises Act 1972 in respect of a leaking, damp basement (instructed by Clyde & Co.)
  • Jenson and Jenson v Faux, Court of Appeal (Lord Neuberger MR, Longmore LJ, Etherton LJ) 13.04.11, [2011] EWCA Civ 423; The Times Law Reports 26.04.11. Successfully represented defendant in obtaining summary judgment on a claim under the Defective Premises Act 1972. Applicability of the Defective Premises Act 1972 to existing dwellings. (Instructed by Trowers & Hamlins LLP.)
  • Bole and Van Den Haak v (1) Huntsbuild Ltd and (2) Richard Money (t/a Richard Money Associates High Court, QBD, TCC, HHJ Toulmin CMG QC [2009] EWHC 483 (TCC); Reported (2009) 124 Con LR 1; (2009) CILL 2697; [2009] WLR (D) 98; [2009] All E R (D) 195 ; Court of Appeal (Pill, Dyson, Longmore LLJ) [2009] EWCA Civ 1146. Reported (2010) 127 Con LR 154; [2010] All ER (D) 84; (2010) 27 BLM 34. Successfully represented claimants in trial and appeal in an action against a builder and an engineer under the Defective Premises Act 1972. Meaning of ”fit for habitation” under DPA. (Instructed by Plexus Law.)
  • Shrubbery Farms Ltd and Others v Baverstocks [High Court, QBD 2006] Accountant’s/auditor’s negligence. Acted for Claimants. Action settled shortly before 3 week trial due to commence. (Instructed by Stanley Tee & Co.)
  • The Burns-Anderson Independent Network PLC v Wheeler [High Court, QBD, Bristol Mercantile Court, HHJ Havelock-Allen QC [2005] Lloyds Rep 580. Financial adviser’s negligence. Successfully represented Claimants in establishing valid service. (Instructed by CMC Cameron McKenna.)
  • Primavera v Allied Dunbar [2001] All E R (D) 231 (QBD); [2003] Lloyd’s Rep PN 14; [2002] All ER (D) 54; (2003) PNLR 12 (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. Successfully represented defendant. (Instructed by Druces & Attlee.)
  • Vanstone v O.H. Parsons & Partners. Acted for claimant in claim for damages against solicitors after personal injury claim struck out for delay. Action settled.(Instructed by Blake Turner & Co.)
  • 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]. Acted for successful claimants in trial of a solicitors’ negligence action. (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]. Successfully 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]. Successfully represented defendant council in action for negligent mis-statement in providing information over telephone on the rateable value of land.  (Instructed by Metcalfes.)
Commercial Dispute Resolution

Wide range of commercial litigation 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:


  • (1) Force India Formula One Team Limited and (2) Force India Formula One Limited v Futurecom Event & Marketing GmbH
    (High Court, QBD, 2011) Jurisdiction under the Judgments Regulations. Proper construction of the terms of a settlement agreement. (Instructed by Fladgate LLP).
  • 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. (Instructed by Frere Cholmeley Bischoff.)
International Arbitration and Projects

Daniel Crowley is a Fellow of the Chartered Institute of Arbitrators (‘FCIArb’) and a Chartered Arbitrator (C.Arb). He is a member of the London Court of International Arbitration (‘LCIA’).

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 2tg (instructed by Laytons)

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

Acted for Claimant South American Company, in a cross-border contractual claim in an international arbitration heard at IDRC in London. He led David Thomas of 2TG (instructed by Fischer & Schickendantz, Uruguay)

He also advises and appears in Court on appeals from arbitration awards: see, for example, Crest Nicholson      (Eastern) Ltd v Mr and Mrs Western [2008] 1 BLR 426; (2008) 119 Con LR 18; (2008) CILL 2599

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

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.

 

Notable Cases

  • Daniel has appeared in the following reported cases:
  • Rendlesham Estates plc and Others v Barr Limited [2015] 1 WLR 3663; [2015] BLR 37, [2015] TCLR 1; (2015) 157 Con LR 147; [2015] CILL 3604
  • Hufford v Samsung Electronics (UK) Ltd  [2014] BLR 633
  • Robbins v LB Bexley [2012] LLR 976 (Edwards-Stuart J); [2014] BLR 11, [2013] All E R (D) 177 (Court of Appeal)
  • Khan and Khan v (1) London Borough of Harrow; and (2) Helen Sheila Kane [2013] BLR 611[2013] All ER (D) 32; [2013] CILL 3421
  • Zennstrom and Another v Fagot and Others (2013) 147 Con LR 162, [2013] All ER (D) 287 (Feb), (2013) 30 BLM 46
  • Denness and Another v East Hampshire District Council [2012] All ER (D) 307 (Oct)
  • Berent v Family Mosaic Housing [2012] BLR 488, [2012] CILL 3213
  • Foster and Another v Stojanovski [2011] All E R (D) 157
  • Jenson and Jenson v Faux [2011] 1 WLR 3038;  [2011] WLR (D) 133; The Times Law Reports 26.04.11; [2011] TCLR 4, [2011] HLR 30, [2011] P&CR 11, [2011] CILL 3025, [2011] NPC 42
  • Bole and Van Den Haak v (1) Huntsbuild Ltd and (2) Richard Money (t/a Richard Money Associates) [TCC] (2009) 124 Con LR 1; [2009] WLR (D) 98; [2009] All E R (D) 195; (2009) CILL 2697; 153 (120 SJLB 27; [CA] [2009] EWCA Civ 1146; (2010) 127 Con LR 154; [2010] ALL E R (D) 84; (2010) 27 BLM 34.
    View Associated File ->>
  • Porter v Zurich Insurance Company Ltd. (High Court QBD, Liverpool DR 2009, Coulson J) [2010] Lloyd’s Rep IR 373; [2010] Lloyd’s Rep IR Plus 11; [2009] All E R (D) 152; [2009] 2 All E R (Comm) 658; (2009) NPC 38; (2009) ILM 75.
    View Associated File ->>
  • Hames v Ferguson [2008] All E R (D) 152 (CA)
    View Associated File ->>
  • 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; (2008) 119 Con LR 18; (2008) CILL 2599; [2008] TCLR 9.
  • 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 Francis Henry Wheeler [2005] Lloyd’s Rep 580 (QBD)
    View Associated File ->>
  • 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; [2002] NPC 40 (TCC); [2003] 1 WLR 427, [2003] BLR 67; (2003) 87 Con LR 169; (2003) 15 EG 139; (2002) 47 EG 146 (CS); [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; (2003)PNLR 12; [2002] Pens L R 513 (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; [2001] NPC 32 (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] 3 EGCS 130; [2000] NPC 140 (Ch. D)
  • Kamenou v Dodson [1999] 2 All ER 764; [1999] BLR 72; [1999] 2 Costs LR 117 (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; (1993) 3 WLR 708; (1993) 4 All ER 9; [1993] RTR 406; (1993) PIQR P319; (1993) 157 LG Rev 1004; (1993) 143 NLJ 402; The Times 23.03.93 (CA)
Arbitration

Daniel Crowley is a Fellow of the Chartered Institute of Arbitrators and a Chartered Arbitrator. He is on the Chartered Institute of Arbitrators Arbitration Panel. 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 2TG (instructed by Laytons)

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

International contractual claim heard at IDRC in London. He led David Thomas of 2TG (instructed by Fischer & Schickendantz, Uruguay)

He also advises and appears in Court on appeals from arbitration awards: see, for example, Crest Nicholson (Eastern) Ltd v Mr and Mrs Western [2008] 1 BLR 426; (2008) 119 Con LR 18; (2008) CILL 2599

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

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.

 

Notable Cases

  • Daniel has appeared in the following reported cases:
  • Rendlesham Estates plc and Others v Barr Limited [2015] 1 WLR 3663; [2015] BLR 37, [2015] TCLR 1; (2015) 157 Con LR 147; [2015] CILL 3604
  • Hufford v Samsung Electronics (UK) Ltd  [2014] BLR 633
  • Robbins v LB Bexley  [2012] LLR 976 (Edwards-Stuart J); [2014] BLR 11, [2013] All E R (D) 177 (Court of Appeal)
  • Khan and Khan v (1) London Borough of Harrow; and (2) Helen Sheila Kane [2013] BLR 611[2013] All ER (D) 32; 2013] CILL 3421
  • Zennstrom and Another v Fagot and Others (2013) 147 Con LR 162, [2013] All ER (D) 287 (Feb), (2013) 30 BLM 46
  • Denness and Another v East Hampshire District Council [2012] All ER (D) 307 (Oct)
  • Berent v Family Mosaic Housing [2012] BLR 488, [2012] CILL 3213
  • Foster and Another v Stojanovski [2011] All E R (D) 157
  • Jenson and Jenson v Faux [2011] 1 WLR 3038;  [2011] WLR (D) 133; The Times Law Reports 26.04.11; [2011] TCLR 4, [2011] HLR 30, [2011] P&CR 11, [2011] CILL 3025, [2011] NPC 42
  • Bole and Van Den Haak v (1) Huntsbuild Ltd and (2) Richard Money (t/a Richard Money Associates) [TCC] (2009) 124 Con LR 1; [2009] WLR (D) 98; [2009] All E R (D) 195; (2009) CILL 2697; 153 (120 SJLB 27; [CA] [2009] EWCA Civ 1146; (2010) 127 Con LR 154; [2010] ALL E R (D) 84; (2010) 27 BLM 34.
    View Associated File ->>
  • Porter v Zurich Insurance Company Ltd.(High Court QBD,Liverpool DR 2009, Coulson J) [2010] Lloyd’s Rep IR 373; [2010] Lloyd’s Rep IR Plus 11; [2009] All E R (D) 152; [2009] 2 All E R (Comm) 658; (2009) NPC 38; (2009) ILM 75.
    View Associated File ->>
  • Hames v Ferguson [2008] All E R (D) 152 (CA)
    View Associated File ->>
  • 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; (2008) 119 Con LR 18; (2008) CILL 2599; [2008] TCLR 9.
  • 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 Francis Henry Wheeler [2005] Lloyd’s Rep 580 (QBD)
    View Associated File ->>
  • 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; [2002] NPC 40 (TCC); [2003] 1 WLR 427, [2003] BLR 67;  (2003) 87 Con LR 169; (2003) 15 EG 139; (2002) 47 EG 146 (CS); [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; (2003) PNLR 12; [2002] Pens L R 513 (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; [2001] NPC 32 (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] 3 EGCS 130; [2000] NPC 140 (Ch. D)
  • Kamenou v Dodson [1999] 2 All ER 764; [1999] BLR 72; [1999] 2 Costs LR 117 (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; (1993) 3 WLR 708; (1993) 4 All ER 9; [1993] RTR 406; (1993) PIQR P319; (1993) 157 LG Rev 1004; (1993) 143 NLJ 402; The Times