Daniel Frieze – Head of Personal Injury

Daniel Frieze - Barrister at St John's Buildings

Email: clerk@stjohnsbuildings.co.uk

Phone: 0161 214 1500

Year of call: 1994

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Daniel is an expert clinical negligence and catastrophic personal injury lawyer. He is sought after for his polished advocacy, expert strategic and tactical skills in difficult cases, coupled with warmth and sensitivity with demanding and vulnerable clients.

Daniel is a popular trainer and speaker and has trained insurers, defendant and claimant solicitors and local authorities.

Expertise

  • Personal Injury

    Daniel is Head of the Personal Injury Team at St John’s Buildings. His practice focuses on high value and catastrophic injury claims. His experience encompasses brain injuries, spinal injuries, amputation and chronic pain. He has a wealth of experience in dealing with issues of capacity, rehabilitation, care regimes, accommodation claims, prosthetic claims, interim payments and Periodical Payment Orders.

    He adopts a truly forensic approach to his cases, providing detailed documentation at conference for early evaluation, which forms the basis of a strategic plan, which will analyse breach and causation, expert evidence, DVD evidence, costs and the risks of or incidences of fraud and/or exaggeration.

    His understanding of the legal and medical issues is focused upon providing clear and unequivocal advice with risks and benefits carefully balanced. The majority of cases settle at either JSM or Mediation and he seeks resolution where it is in the best interest of his client, but otherwise is not afraid to proceed to trial.

    The cases provided are a snapshot of the preceding year.

    Cases

    D v L [2018] – Ongoing – Instructed by Defendant in respect of a catastrophic brain injury of a young minimally conscious claimant, with significant issues surrounding residential or tertiary care, Claimant’s value £10 million.

    F v D [2018] – Instructed by Claimant (ongoing) – circa £2 million.

    A v B [2018] – Instructed by Claimant (ongoing) – circa £3 million.

    W v R [2018] – Instructed by Defendant – Fatal Accident Isle of Man, issues of contributory negligence, settled £300,000.

    R v L [2018]  – Instructed by Claimant – Chronic pain arising from coccyx £425,000.

    E v UK Insurance [2018]  – Instructed by Defendant – Potentially large claim for subtle brain injury struck out for procedural irregularity.

    H v G [2017] – Instructed by Claimant – Pain Case, settled c.£500,000.

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  • Clinical Negligence

    Daniel is instructed exclusively by Claimants and receives instructions which encompass birth and neonatal injury cases, surgical negligence, delayed diagnosis of cancer and spinal injuries (paraplegia).

    The particular challenges in clinical negligence claims, particularly in relation to dealing effectively with the NHSR and private providers of health care coupled with his insights in respect of ADR and costs are considered an effective tool in resolving difficult disputes. Daniel is aware of the particular challenges Claimants face in this area and attempts to deal with these issues with empathy and understanding to reach a client’s objectives.

    The cases provided are a snapshot of the preceding year.

    Cases

    C v E [2018] – Failure to diagnose Tll cortical defect leading to paraplegia. Valued at full life expectancy in excess of £2 million, settled at JSM.

    D v L [2018] – Surgical Negligence leading to a step change in care required to 80-year-old Claimant with pre-existing dementia.

    W v S [2018] – Surgical Negligence leading to blindness in one eye. Settled at mediation.

    E v B [2018] – Ongoing – Cerebral Palsy, instructed without leader, valued in excess of £5 million.

    B v U [2017] – Perineal tear not identified or treated, Claimant left with urge incontinence, settled at JSM £600,000.

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  • Fraud - Civil

    Daniel is instructed regularly by Defendants in small and large personal injury litigation to pursue allegations of fraud, with regular findings of fundamental dishonesty. Daniel has a robust approach and is instructed for his forensic cross-examination and persuasive paper and oral advocacy. He is not afraid to hold those to account who wish to pursue unmeritorious claims.

    Cases

    G v M [2018] – Acted for Defendant who having pleaded a claim in excess of £500,000 was forced to accept a CPR Part 36 offer of less than £30,000 just prior to a 3 day trial, after allegations of fraud were pleaded.

    F v S [2017] – Acted for Defendant – DVD, Claimant forced to accept the Defendant’s aged CPR Part 36 offer.

    R v B [2018] – Acted for Defendant – Finding of Fundamental Dishonesty after trial.

    Various – [2018] –  Findings of Fundamental Dishonesty.

    T v A [2018] – Claim struck out at trial for failing to adopt the correct approach to providing translated evidence. At a subsequent order to show cause, the Claimant’s solicitors were ordered to pay the costs personally.

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  • Costs

    Daniel has a complimentary expertise in relation to costs. A past member of the CFA panel of the Bar Council, his interest in costs has been longstanding. He is instructed by both Claimants and Defendants in detailed assessment proceedings in respect of claims in his specialist areas. He is often instructed specifically for complex cost management hearings in respect of catastrophic personal injury and clinical negligence cases, where costs exceed £500,000.

    Daniel’s comments on Lord Justice Jackson’s review of civil litigation costs have been quoted extensively in the Law Society Gazette and Litigation Futures.

    Cases

    Merrix v Heart of England NHS Trust [2017] EWHC 346 (QB). Led by Jon Foy QC on appeal before Mrs Justice Carr, the Claimant successfully established the nature of estimated budgeted costs for detailed assessment. This approach was endorsed by the Court of Appeal in Harrison v University Hospitals Coventry Warwickshire NHS Trust [2017] EWCA Civ. 793.

    F v. S [2018] – Instructed by Defendant at Detailed Assessment. Preliminary issues in favour of the Defendant that costs could not be offset, after acceptance of a CPR Part 36 offer.

    S (various) v H – Instructed by Claimant at Detailed Assessment in respect of a number of Claimants who brought personal injury and fatal accident claims. Issues of fixed costs overcome and duplication of work considered. Successfully resolved on second day of DA.

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