Introduction
Overview
Dr Dan Jacklin leads a busy practice and is an in-demand practitioner who utilises his expertise working in senior management roles in industry to work across the following specialist areas within his expertise:
- Personal injury
- Clinical negligence
- Inquests
- Civil and criminal fraud
- Credit hire
- Travel and cross-border
- Product liability
- Costs
- Licensing
- Health and safety
- Environment
- Housing and planning
Client feedback
Dr Jacklin is a popular choice of counsel and is well-regarded by current and past clients and solicitors:
- “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.”
- “Dan is always responsive and helpful. He quickly sees what’s important never misses the details. A great support to me and to my clients.”
- “Meticulous attention to detail – the standard of pleadings that Daniel has produced has been outstanding.”
- “Daniel is very approachable and gives articulate, robust advice.”
- “Daniel’s previous experience in giving expert evidence, has proved invaluable in cases where expert evidence is key to a case. His ability to grasp complexities, identify key legal issues and how to tackle them makes him a go to lawyer, particularly where there is a cross over between regulatory and injury/negligence claims.”
Industry experience
Dr Jacklin has a strong academic and professional background. Prior to becoming a barrister, he 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 nine years, he brings a unique perspective and set of skills to cases which turn on expert evidence. He 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.
Education
- PhD
- 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
Recognition
- Specialist Fellow of the Int. Institute of Risk and Safety Management (SFIIRSM)
- Fellow of the Institute of Consulting (FIoC)
- Fellow of the Institute of Sustainability and Environmental Professionals (FISEP)
- 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 (Member)
- UK Environmental Law Association (Member)
- Personal Injuries Bar Association (Member)
- Institute of Licensing (Member)
Personal Injury
Dr Dan Jacklin is forging a reputation for achieving outstanding results in liability trials in claims on all tracks. Much of his work is on the Intermediate Track and the Multi-Track, including regular instructions for CCMCs / CMCs. His work is increasingly on the Multi-Track and is valued in excess of £100k. He is a popular choice of counsel for Claimants and Defendants alike. During a specialist personal injury and clinical negligence pupillage at a leading set in London, he worked predominantly on cases worth in excess of £250k.
Recent work includes:
RTA
- A PTSD claim for a mum who witnessed a car overtake another vehicle whilst on a zebra crossing, hitting her husband and narrowly missing her young daughter, valued at over £50k.
- A cyclist knocked off his bike when proceeding past a junction sustains multiple fractures, MRSA, neurological symptoms, and psychiatric injury valued at £75k.
- A cyclist knocked off their bike causing a fractured shoulder with the claim valued at £65k.
Criminal Injuries Compensation Scheme
- A CICS claim following a violent assault which resulted in the victim experiencing a serious brain injury, valued at over £250k.
Product liability
- A traumatic amputation of a farmer’s arm in an agricultural accident valued in excess of £4m.
- A child who was supplied a defective batch of a prescription-only drug with ten times the stated dose in each tablet.
- A patient who developed debilitating neurological symptoms after receiving two doses of the Vaxzevria SARS-COV-2 Astra Zeneca vaccine.
Travel
- An Athens Convention 1974 claim by a passenger on a cruise ship in the Mediterranean who developed severe gastroenteritis and sepsis which resulted in his hospitalisation, valued at £40k.
- An Athens Convention 1974 claim by a passenger embarking onto a ship when an external door struck and knocked them down a staircase resulting in a fractured hip and several post-surgery complications, valued at £35k.
- A PTR 2018 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), valued at around £50k.
- An Athens Convention 1974 claim by an adult and child on a cruise ship in South East Asia who was exposed to isocyanates from the painting of the ship’s hull, valued at £10k.
- A claim against a Romanian motor insurer concerning a road traffic accident between a UK and a Romanian-registered vehicle.
- A personal injury claim by a passenger struck by luggage which fell from the overhead locker whilst onboard a flight.
Employer/Public Liability
- Worker injured when molten metal exploded near his face, causing burns and psychiatric harm, valued in excess of £400k.
- Worker injured when the gas cylinder on his forklift truck exploded.
- A carer strangled and dragged across the floor by a psychiatric patient during a mental health crisis, valued in excess of £150k.
- A carer injured whilst trying to restrain a psychiatric patient during a mental health crisis, valued at £45k.
- An electrician’s apprentice who sustained an electric shock whilst completing a refit, valued at £30k.
- Production line supervisor injured in trip and fall on plastic sheeting dropped a few minutes before the accident, valued at £25k.
- A child who lost UL1 and UR1 in a playground accident.
- Resident injured in a fall closely adjacent to a footpath on a residential housing estate.
- Live-in carer injured in a fall on the patient’s home staircase.
- Fabricator injured when a colleague lost control of an angle grinder which fell onto them.
- Warehouse supervisor slips on leak from air conditioning unit.
- A lifelong paint sprayer who developed bladder cancer.
Publications and training delivered:
View all the Injury Case Updates here.
Clinical Negligence
Dr Jacklin undertakes intermediate and multi-track clinical negligence cases which builds on the work undertaken during his specialist personal injury and clinical negligence pupillage at a leading set in London. During pupillage, he 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.
Recent cases:
Psychiatric management
- A psychiatric inpatient with a complex psychiatric history, including a mixed personality disorder, depression, and anxiety who died from an overdose.
- An elderly man who died from malnutrition brought on by self-neglect and depression.
- A community mental health care patient who died from complications arising from a codeine overdose.
- A community care resident who died from heart failure following a citalopram overdose.
- A detained patient under s.3 MHA 1983 died from deep vein thrombosis whilst in receipt of electro-convulsive therapy.
Misdiagnosis / late diagnosis
- Late diagnosis of genetic hemochromatosis and a four-year delay in the provision of venesection.
- A vulnerable young adult with cerebral palsy and severe developmental delay who had multiple seizures during which he broke his hip caused by the failure of hospital staff to administer his epilepsy medication.
- A material contribution claim related to the late diagnosis of an acute kidney injury arising from knee replacement surgery.
- Late diagnosis concerning congenital hypopituitarism.
Surgical negligence
- An international speaker who underwent two septorhinoplasty surgeries where unconsented changes were made to the nose during surgery.
- A patient with an 8cm stump appendicitis improperly left behind following a laparoscopic appendectomy valued at £30k.
- A patient with a bilateral cleft lip experienced an unauthorised removal of a healthy UR3 adult canine tooth valued at under £25k.
- A patient who died from complications arising from a staphylococcus aureus infection following hip replacement surgery.
- A patient who sustained a SIRVA injury when receiving a vaccine from a pharmacist.
- Eye injury caused by the misuse of a tonometer during an examination of a penetrating globe injury.
Other
- Application of an excessively strong acid to remove a verruca from a patient’s foot.
- A patient who sustained a SIRVA injury when receiving a vaccine from a pharmacist.
- Advised on a disputed travel insurance claim valued at circa £50k alleging medical tourism for knee surgery.
- Eye injury caused by the misuse of a tonometer during an examination of a penetrating globe injury.
Publications and training delivered:
View all the Injury Case Updates here.
Credit Hire
Dr Jacklin has significant experience in credit hire matters, regularly appearing for claimants and defendants on the Fast Track. He is forging a reputation for achieving outstanding results in liability trials.
Below are some examples of notable credit hire results:
- Intermediate track credit hire claim for over £60k and over 100 days of hire.
- 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).
- Reduced a claim to 9% of its pleaded value by defeating need for a hire vehicle where need for a vehicle was proven, and the claims for loss of use, recovery, and storage charges.
Licensing
Dr Jacklin works across the full spectrum of licensing issues, and is developing a reputation as a successful trial advocate. He brings a wealth of experience working in senior roles across a range of regulatory topics in industry, including health and safety and environmental management. His licensing work is increasingly in the Crown Court.
Recent work includes:
Trading standards
- Shop owner convicted of six offences of offering for sale counterfeit tobacco and e-cigarette products, with seized goods valued at £57,000.
- Shopkeeper convicted of fourteen offences for offering for sale illicit tobacco and e-cigarette products in breach of s.92 Trade Marks Act 1994 and Regulations 7, 36, and 48 of the Tobacco and Related Products Regulations 2016.
- 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.
- Advised on POCA and conspiracy to defraud allegations against two rogue traders.
Food licensing
- Two directors of a coffee shop charged with multiple breaches of the Food Safety Act 1990, including the obstruction of an inspector.
- A director and FBO convicted of obstructing an inspector after obtaining fake water testing certificates.
- Enforcement powers for food authorities concerning import controls for porcine products from the EU post-Brexit and the associated controls around the African Swine Fever epidemic.
- The response of US-based supplements company holding assets in England subject to investigation by the local authority.
- Street food trader convicted of trading without a license at a pop-up event.
Taxi licensing
- A Crown Court second appeal by a hackney carriage driver concerning abusive and intimidating language.
- A Crown Court second appeal by a PHV driver concerning a rider who put the wrong address into the Uber app and believed they were being kidnapped.
- 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.
- PHV driver spared license revocation after accruing several endorsements on his license for motoring offences.
- Hackney carriage revocation appeal by a driver following multiple over-ranking offences.
- PHV revocation appeal by a driver involved in several road rage incidents.
- PHV driver spared license revocation following a mistaken allegation of kidnapping a passenger and their child.
- An unlicensed driver plying for hire and a breach of s.143 RTA 1988 for driving without insurance.
Vehicle licensing
- Wasted costs application by a Third Party to proceedings under The Road Vehicles (Construction and Use) Regulations 1986 and the Road Traffic Act 1988.
- A delivery driver avoided a driver disqualification after he collided with a motorcyclist whilst performing a right-hand turn at a crossroads.
- A teacher charged with driving whilst disqualified seeks to nullify a driver disqualification she knew nothing about and avoided driver disqualification for use of a mobile phone which made her a ‘totter’.
- A management consultant charged with failing to provide driver details has the charges dismissed and was awarded over £1k in costs.
- Mitigation for a safety manager charged with careless driving.
- Advice in a case of speeding where a non-HOTA approved electronic device was used to assess the defendant’s speed.
Environmental licensing
- Three friends convicted of a breach of s.27(1) of the Salmon and Freshwater Fisheries Act 1975 for fishing without a fishing licence.
Firearms licensing
Animal licensing
- A two-day trial concerning illegal dog breeding without the appropriate licence.
Healthcare licensing
- Mitigation entered for two HCPC professionals under investigation for malpractice.
Local government
- The statutory basis and powers of a standards committee within a local authority with responsibility for code of conduct infringement.
Education
- Parent convicted of two breaches of a school attendance order after two of their children did not attend school for over two years.
Inquests
Dr Jacklin regularly appears in pre-inquest review hearings and at final inquest hearings. With a PhD which concerned psychiatric conditions, he has a good understanding of autism spectrum disorder, ADHD, eating disorders, anxiety, panic disorder, depression, and OCD to guide families, health trusts, and other interested parties through the inquest process, many of whom are encountering inquests for the first time. He is a popular choice of counsel for multi-day inquests.
Recent work includes:
Prisons
- A six day inquest into the death of a prisoner recently remanded back to prison after several years of in-patient psychiatric care.
- A two-day inquest into the death of an asylum seeker who had recently been released from prison and was found hanged in an abandoned warehouse following a period of psychiatric ill-health.
Health and safety
- Fatality of a care worker crushed in a lift shaft.
- Fatality of a mechanic during the disassembly of a fork-lift truck.
- A two-day inquest of a psychiatric patient being rehabilitated in supported accommodation who fell from a roof.
Healthcare
- A three-day inquest into a lady who died from a staph aureus infection following a hip replacement surgery.
- A three-day inquest into the death of a detained patient under s.3 MHA 1983 died from deep vein thrombosis whilst in receipt of electro-convulsive therapy.
- A consultant doctor who died by hanging with a history of eating disorders and severe depression.
- A recently homeless man who was found dead in a canal following a period of depression.
- A man with a complex psychiatric history, including a mixed personality disorder, depression, and anxiety.
- A PhD student who experimented with alternative therapies, including illicit substances, to manage depression and anxiety.
- A man with schizophrenia who set fire to his room with a blow torch and who sustained serious burns across 20% of his body.
- A patient following hip replacement surgery who subsequently died from complications arising from a Staphylococcus Aureus infection.
- A community mental health care patient who died from complications arising from a codeine overdose.
- A recipient of social care who died from heart failure following a citalopram overdose.
Environment
Dr Dan Jacklin regularly appears in the Magistrates Court and Crown Court on behalf of prosecuting authorities and defendants. As a chartered environmentalist and a fellow of the Institute of Environmental Management and Assessment (IEMA), he has ten years’ industry experience as an environmental professional in which he has authored several training courses and guidance on various related subjects. His work is increasingly in the Crown Court.
Recent work includes:
Waste
- Colliery owner and director sentenced for a breach of section 71(2) and (3) of the EPA 1990.
- Director charged with a breach of s.33(1) of the EPA 1990 for depositing waste in breach of an environmental permit and s.33(5) of the same for deposits from a motor vehicle.
- Fly tipper charged with a breach of sections 33(1)(a)(5) and (6) EPA 1990 for an unlawful deposit of waste and section 110(2)(a) Environment Act 1995 for a breach of a request for information.
- Littering in a public place contrary to sections 87(1) and (5) EPA 1990.
- Basis of plea secured a conviction for a van owner who was not present when waste was unlawfully dumped from his vehicle under section 33(1)(a) and (5) EPA 1990.
Nuisance
- Advising on a novel nuisance and ASB case concerning high-intensity bee farming within a high-density residential area.
- A noise nuisance case involving use of a games console with amplified sound equipment in a residential estate.
- A noise nuisance case concerning barking dogs in a residential estate.
- Defence of a private prosecution for statutory nuisance by a council house tenant.
Other
- Mitigation of a financial penalty levied against a care organisation for breaching the ESOS Regulations 2014.
- Advising and drafting a mitigation statement to a notice to issue a civil penalty for breach of a compliance and enforcement order.
- Import controls and local authority enforcement powers for porcine products thought to be affected by African Swine Fever.
- Three friends convicted of a breach of s.27(1) of the Salmon and Freshwater Fisheries Act 1975 for fishing without a fishing licence.
As a chartered environmentalist and a fellow of The Institute of Sustainability and Environmental Professionals (ISEP), he has ten years’ industry experience as an environmental professional in which he has authored several training courses and guidance on various related subjects.
Publications and training delivered:
Dr Jacklin is committed to green litigation. He has recently published Carbon Footprint Guidance for Barristers (link) where he published his carbon footprint assessment. The guidance synthesises best practice with the practical realities of legal practice at the Bar to help barristers assess, report, offset, and provide assurance around their personal carbon footprint.
Health and Safety
Dr Jacklin regularly appears before the Magistrates Court and Crown Court on behalf of prosecuting authorities and defendants. 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, he brings a unique perspective to cases which turn on expert evidence.
Recent work includes:
- Crown Court appeal of a sentence passed against a company involved in inadvertently removing asbestos.
- Crown Court sentence for a director who oversaw a fatal accident of a self-employed contractor whilst dismantling a fork-lift truck.
- Appeal against a prohibition notice for a housing developer of luxury properties.
- Mitigation during the sentencing of a home improvement company which reduced the fine sought in the sum of £160,000 to £16,500.
- Advising a residential complex on criminal and civil liability for an accident within their swimming pool.
- Fatality of a care worker crushed in a lift shaft.
- Fatality of a scrap metal worker dissembling a fork-lift truck.
Dr Jacklin is one of the leading expert witnesses in the country and has a busy practice in his specialist area of safety management in and around swimming pools and open water (see expert witness profile):
- Conviction of an outdoor waterpark following a fatal drowning of an 8-year-old girl in a segregated area of a lake and inland beach contrary to section 3(1) HSWA 1974.
- Prosecution of three lifeguards after a fatal drowning of a university student in a local authority swimming pool contrary to section 3(1) HSWA 1974.
- Conviction of a leisure club after a fatal drowning of a young boy in a commercial swimming pool contrary to section 3(1) HSWA 1974 and Regulation 3 MHSWR 1999.
- Defence of a large pool operator charged with a breach of section 3(1) HSWA 1974 and regulation 3 of MHSWR 1999.
- Investigation discontinued into a swimmer who fell onto the poolside from a diving board.
- Defence of a holiday camp operator charged with a breach of section 3(1) HSWA 1974.
- Prosecution of a nursery after a 3 year old child had to be resuscitated after choking on a piece of loose plastic under section 3(1) HSWA 1974.
- Investigation discontinued into a vulnerable swimmer who died after experiencing a seizure whilst using a public pool.
Housing and Planning
Dr Jacklin’s work includes the civil and criminal enforcement activities led by local authorities of housing and planning requirements, including notice appeals, HHSRS notices, POCA proceedings, and unlawful eviction.
Recent work includes:
HMOs
- A landlord who was subject to a notice of intent to impose a civil penalty in excess of £120k for managing an HMO without a licence and various other breaches of the regulations.
- A landlord subject to a final civil penalty notice in excess of £90k for breaches of The Management of Houses in Multiple Occupation (England) Regulations 2006.
- A letting agent who was subject to a prosecution for operating an HMO without a license.
- POCA proceedings against landlord for profits arising from breaches of the Housing Act 2004.
- A husband and wife who were charged with eight offences including money laundering, breach of notices, and HMO offences.
HHSRS
- Landlord served with prohibition notice to rectify Category 1 hazards under the HHSRS 2005 appealed to the Property Tribunal.
- Landlord of a converted shed succeed in varying a prohibition order under the Housing Act 2005 for breaches of the HHSRS 2005.
Selective licensing
- A landlord convicted of 26 counts of failing to have a selective licence in place for flats under their control.
- A landlord convicted of 7 counts of failing to licence properties subject to selective licensing despite multiple warnings.
Social housing fraud
- A social housing tenant who sublet her property in breach of covenant and fraudulently submitted a right-to-buy application contrary to The Prevention of Social Housing Fraud Act 2013 and the Fraud Act 2006.
Homelessness
- Judicial review of a local authority decision that their housing duty had come to an end because of a tenant’s refusal to accept the temporary accommodation offered to them.
Enforcement notices
- Appeal against a prohibition order and emergency prohibition order under schedule 2 of the Housing Act 2004.
- Breach of a planning enforcement notice by a man selling and storing cars in his back garden.
- Breach of a planning enforcement notice by a shopkeeper whose renovated shop facade was not in-keeping with the character of the area.
Unlawful eviction
- Prosecution of a landlord’s son and daughter who unlawfully evicted a tenant from a property contrary to section 1 of the Protection from Eviction Act 1977.
Publications and training delivered:
Commercial
With fifteen years’ experience working as a manager and advisor to blue-chip companies and with a broad practice covering commercial and regulatory issues, Dr Jacklin is well-placed to advise on commercial matters, especially where there is a connection with one of his other practice areas. He has experience of working with purchasing, HR, finance, payroll, marketing, product, and sales teams within large organisations.
Recent work includes:
- Advised on whether several clauses in a loan agreement offended the rule against penalties.
- Judicial review of a legal ombudsman’s decision over client service provided by a market-leading firm of solicitors.
- Advised on the effect of an indemnity clause in a four-party dispute concerning an agency contract in the logistics sector.
- Advised on the interaction of import controls with meat purchasing contracts between parties based in Romania and the UK post-brexit.
- Advised on a disputed travel insurance claim valued at circa £50k alleging medical tourism for knee surgery.
- Advised on a breach of the Chapter I prohibition under the Competition Act 1998 in a case involving a vertical agreement to foreclose the purchase goods via a vertical agreement.
