Introduction
Dan Jacklin’s practice encompasses work in three specialist areas: Personal Injury, Clinical Negligence, and Regulatory.
Dan is well-regarded by clients:
- “Extremely helpful, proactive and efficient.”
- “Explained everything thoroughly and put us at ease with the whole process.”
- “His cross-examination was meticulous, and he made clear and concise submissions which the judge described as persuasive.”
Prior to his career as a barrister, Daniel held a number of senior positions in business, including Head of Health and Safety for a large, multi-site facility management company, Head of Product Strategy at the British Standards Institution, and Director at the International Life Saving Federation of Europe.
Having worked as an expert witness for eight years, he brings a unique perspective and set of skills to cases which turn on expert evidence. Daniel has worked alongside instructing solicitors and senior counsel on criminal and civil litigation involving HSWA 1974 prosecutions, fatalities, and catastrophic personal injury litigation in the UK and internationally.
As a Specialist Fellow of the International Institute of Risk and Safety Management (IIRSM) and as a Chartered Environmentalist and Fellow of the Institute of Environmental Management and Assessment (IEMA), with degree-level qualifications in safety and environmental management, Daniel is well placed to tackle cases with a health and safety or environmental element.
Personal Injury
Dan is forging a reputation for achieving outstanding results in liability trials. He is regularly instructed for cases on the Small Claims Track and Fast Track. He has also been instructed as a junior and as sole counsel on several multi-track cases. He has experience appearing in cases on the Small Claims Track and Fast Track. He is regularly instructed in quantum disputes, Stage 3 disposal hearings, interim applications, and infant settlement hearings involving a personal injury element.
During his specialist personal injury and clinical negligence pupillage at a leading set in London, Dan drafted statements of case, schedules, opinions, and applications on a weekly basis, involving work for barristers more than 20 years above his call. His work included road traffic accidents, workplace accidents, highway and footpath claims, product liability, clinical negligence, travel claims, and insurance work.
Recent work includes:
- Resident injured in a fall closely adjacent to a footpath on a residential housing estate.
- Child injured when hit by a car which mounted a pavement.
- Carer injured whilst trying to safely restrain a psychiatric patient at risk of self-harm.
- Live-in carer injured in a fall on the patient’s home staircase.
- Worker injured when molten metal exploded near his face, causing burns and psychiatric harm.
- Worker injured when the gas cylinder on his forklift truck exploded.
- Worker injured in trip and fall.
- Carer injured in attack by a psychiatric patient.
- Worker injured when a colleague lost control of an angle grinder and fell onto them.
Clinical Negligence
Using his experience as a personal injury barrister and as an expert witness, Dan is building on the clinical negligence work he completed during pupillage whilst at a leading set in London and taking on more work in this area.
Having been an expert witness for over eight years, Dan understands how to get the best from expert witness in conference and cross-examination. During pupillage, Dan completed drafting work on several cases, including: a late diagnosed diathermy injury resulting in lasting disability and a late diagnosed post-operative haematoma and emergency evacuation, resulting in cauda equina.
Credit Hire
Dan has significant experience in credit hire matters, regularly appearing for claimants and defendants on the Small Claims Track and Fast Track. He is forging a reputation for achieving outstanding results in liability trials.
Below are some examples of notable credit hire results:
- Persuaded a judge to disregard all the spot hire rates and an intervention letter to award the credit hire rate to a pecunious driver aged 23.
- Successfully resisted an attempt to challenge enforceability by establishing the hire agreement was an ‘exempt agreement’ under the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013.
- Negated the defendant’s reliance on a Copley-compliant intervention letter and achieved a finding that it was reasonable for the claimant to trust his own insurer due to his limited grasp of the English language in accordance with the dicta in Sayce v TNT [2011] EWCA Civ 1583.
- When the Claimant failed to attend court at trial, defeated a strike-out application by the Defendant, a further sanction for a failure to serve a trial bundle, and persuaded the judge to adduce a late and defective witness statement to recover repair and hire costs up to the agreed basic hire rate sum.
- Obtained permission to adduce locality evidence on the day of trial to secure a finding the spot hire rates were not in the Claimant’s ‘broad geographical area’ as per Pattni v First Leicester Busses (Bent No.2) [2011] EWCA Civ 1384.
- Established need where the claimant, a vehicle hobbyist, had access to five vehicles but had hired a vehicle on credit hire terms in any event.
- Secured the day cost of a dog kennel as a cost reasonably incurred in travelling to and from a hearing under CPR rule 27.14(2)(d).
Licensing
By applying his broad regulatory experience, Dan is developing a practice around a range of trading standards and licensing issues. He is currently taking instructions in cases involving taxis, e-cigarettes, alcohol, and environmental licenses.
Recent work includes:
- An off-licence accused of several trade mark offences related to tobacco products, including e-cigarettes.
- PHV driver convicted of a breach of s.170 of the Equality Act 2010 for refusing to pick up a man and his guide dog.
- Three friends convicted of a breach of s.27(1) of the Salmon and Freshwater Fisheries Act 1975 for fishing without a fishing licence.
- Tradesman charged with a breach of regulation 12 of the Consumer Protection from Unfair Trading Regulations 2008 and section 92(1) of the Trade Marks Act 1994.
- Parent convicted of two breaches of a school attendance order after two of their children did not attend school for over two years.
- Taxi licence appeal by a driver who had been spared disqualification for motoring offences.
Environment
As a chartered environmentalist and a fellow of the Institute of Environmental Management and Assessment (IEMA), with ten years industry experience in which he has authored several training courses on the subject, Dan utilises his experience to work effectively with clients and experts to advise and act in relation to:
- Prosecutions and appeals involving statutory nuisance.
- Prosecutions and appeals involving waste offences.
- Prosecutions and appeals involving breaches of environmental licences or permits.
- Claims in common law (private) nuisance and for property damage.
- Claims involving false or misleading environmental claims.
Dan is also happy to deliver training to corporate and public bodies on environmental topics that are within his expertise.
Recent work includes:
- Three friends convicted of a breach of s.27(1) of the Salmon and Freshwater Fisheries Act 1975 for fishing without a fishing licence.
- Import controls and local authority enforcement powers for porcine products thought to be affected by African Swine Fever.
- Director charged with a breach of s.33(1) of the Environmental Protection Act 1990 for depositing waste in breach of an environmental permit and s.33(5) of the same for deposits from a motor vehicle.
Health and Safety
As a specialist fellow with the International Institute of Risk and Safety Management (IIRSM), with eight years experience as an expert witness in health and safety instructed by enforcing authorities and corporate defendants, Dan brings a unique perspective to cases which turn on expert evidence.
He also has significant experience as a health and safety leader and has authored several guidance documents and training courses on the subject. Dan is well-placed to advise and act in relation to:
- EHO/HSE enforcement powers.
- Appeals against improvement and prohibition notices.
- Inquests into workplace fatalities, including Article 2 inquests.
- Personal injury at work claims, including involving occupational stress.
- Prosecutions under the HSWA 1974 or the associated Regulations.
Recent cases include:
- Inquest into the death of a vulnerable man whose home was set on fire.
- A café which breached an improvement notice related to its allergen-related controls.
- An off-licence which sold dangerous counterfeit tobacco products, including e-cigarettes.
Dan is also happy to deliver training to corporate and public bodies on health and safety topics that are within his expertise.
Travel
During pupillage, Dan drafted pleadings in travel claims, including a novel claim for flights and accommodation under Regulation 29 of The Package Travel and Linked Travel Arrangements Regulations 2018 based on the precedent set by On The Beach Limited v. Ryanair [2023] EWHC 2694 (Comm).
Much of Dan’s work as an expert witness has been working on high-value overseas personal injury and fatal accident cases in jurisdictions such as Guernsey, Spain, Latvia, Turkey, Bulgaria, Hong Kong, and throughout the Caribbean region. Through this experience, he has seen the pleadings, conference management, case strategy, and advocacy of many of England’s finest travel silks and senior juniors manage cases from the accident to trial or settlement.
Memberships
- Specialist Fellow of the Int. Institute of Risk and Safety Management (SFIIRSM)
- Fellow of the Institute of Consulting (FIoC)
- Fellow of the Institute of Environmental Management and Assessment (FIEMA)
- Chartered Environmentalist with the Society for the Environment (CEnv)
- Chartered Manager and Fellow of the Chartered Management Institute (CMgr FCMI)
- Health and Safety Lawyers Association.
- UK Environmental Law Association.
- Personal Injuries Bar Association.
- Institute of Licencing.
Education
- PhD Sport and Health Sciences (viva passed, completing final amends)
- BPTC-LLM
- MSc Strategic Quality Management.
- Postgraduate Diploma in Professional Consulting
- NEBOSH National Diploma in Health and Safety Management
- NEBOSH National Diploma in Environmental Management
- LLM International Corporate Governance and Financial Regulation
- LLB
Carbon Footprint
Daniel is committed to Green Litigation and publishes his annual carbon footprint assessment to assist those instructing to assess their Scope 3 emissions.
