Daniel Holt (Probationary Tenant)

Daniel is keen to develop a broad public law practice consisting of judicial reviews, immigration, education, public inquiries and Court of Protection work. He has gained experience in a variety of matters, including:

• Researching a variety of substantive and procedural matters involving the law of the European Union, European Convention on Human Rights, UN Convention on the Rights of the Child and UN Convention on the Rights of People with Disabilities.
• A skeleton argument opposing the Claimant’s application seeking relief to establish that the domestic courts have jurisdiction to consider proceedings brought against the European Commission, in which liability for damages is at issue;
• Assisting with research on the jurisdiction of a claim of victimisation about a disabled pupil against the responsible body of a school.
• Researching legal provisions relating to the provision of British Sign Language and assessing the merits of a claim seeking free classes for parents of D(d)eaf children under the supervision of a silk.
• Written advice on a judicial review challenge to a school’s partial selection of students based on sections 100 and 102 of the School Standards and Framework Act 1998.
• Providing detailed grounds of defence under the guidance of a silk in an indefinite leave to remain case.
• Advising the Secretary of State for the Home Department on whether to settle a judicial review claim regarding a decision to refuse a claim for indefinite leave to remain.
• Responding to a potential Judicial Review Claim to the legality of the Strikes (Minimum Service Levels: Border Security) Regulations 2023 / 1353 made on 1 December 2023. The Secretary of State’s power to introduce MSL regulations is conferred by the Strikes (Minimum Service Levels) Act 2023 (the “2023 Act”).
• Producing position statements, advice on the interaction between the Mental Health Act 1983 and Mental Capacity Act 2005, deprivation of liberty safeguards, and the operational duty to take preventative measures to protect the life of psychiatric patients in the community under Article 2 ECHR. Daniel was instructed by Rachel Anthony, Deputy Head of Legal Services at Hywel Dda University Health Board, to complete document reviews and undertake three hearings in January (before they settled).

Before starting pupillage, Daniel provided pro bono advice and advocacy relating to the following for Hackney Community Law Centre, Queen Mary Legal Advice Centre and Free Representation Unit:

• Personal Independence Payments appeals concerning invisible disabilities and visible disabilities;
• Disability Living Allowance appeals involving children;
• Property issues; and
• Immigration matters

Daniel is building a regulatory and disciplinary law practice and has worked on the following:

• Multiple grounds of appeal for the Professional Standards Authority under section 29 of the National Health Service Reform and Health Care Professions Act 2002 requesting the quashing of decisions by the NMC’s Fitness to Practice Committees.
• Drafting a statement of grounds for refusal under a silk against an application to appeal a decision of the Administrative Court concerning a judgement of the Solicitors Disciplinary Tribunal.
• Assisting with advising the Solicitors Regulation Authority in a complex investigation of multiple respondents concerning the sale of a firm to individuals who were not authorised.
• Advising the Bar Standards Board, Solicitors Regulation Authority and the Legal Services Board on equality and diversity.

Daniel is experienced in advising on discrimination in employment. He also has experience of the following:

• Shadowing in the Court of Appeal challenge to the Employment Tribunal and Employment Appeals Tribunal fees on the grounds of discrimination and EU law.
• Advising on indirect discrimination on the grounds of sex.
• Forming unfair dismissal cases.
• Changes to equal pay and holiday pay rules.

Daniel’s practice to date predominantly comprises personal injury small claims trials, fast-track claims and contested MoJ Stage 3 hearings. He also has experience from his pupillage, including drafting statements of case, counter-schedules, Advices, and legal research on various matters. Daniel has worked on the following:

• Making submissions in road traffic accident cases with complex admissibility questions.
• Producing a defence in a road traffic accident claim and advice on apportionment, the effect of intoxication, and mental impairment.
• Advising on liability and quantum in respect of general damages for pain, suffering and loss of amenity and funeral costs.
• A schedule of loss following a serious road traffic accident focusing on future losses relating to medical treatment with Ogden uplifts applied.

Daniel has expertise in clinical negligence, with experience in drafting statements of case, counter-schedules, advisories, and conducting legal research on a variety of issues. Notably, Daniel has been involved in the following areas:

• An Advice for a silk on the illegality defence in Lewis-Ranwell v G4S Health Services & Others [2024] EWCA Civ 138.
• Counter-schedule and settlement parameters advice based on Ogden loss of earnings and the Judicial College Guidelines;
• Advising on the prospects of success in seeking provisional damages and the amount needed to “buy off” the risk;
• Attending Costs and Case Management Conferences concerning complex causation brain injuries; and
• Attending joint settlement meetings and approval hearings involving fatal accident claims, travel and care, and vicarious liability.

Daniel has experience in the following matters:

• Drafting pleadings in contract, property, and construction disputes.
• Assisting a prominent junior with researching and drafting an Advice on the definition of ‘same damage’ under Section 1(1) of the Civil Liability (Contribution) Act 1978.
• Skeleton argument in a property disrepair dispute involving breaches of covenants and nuisance.
• Skeleton arguments for an application for summary judgement to enforce an adjudicator’s decision.
• Drafted a defence in relation to the enforcement of personal guarantees.
• Writing a defence and an advice concerning Part 20 claims in a property and contract dispute.

Daniel is building his planning, environment, and property practice. Daniel has experience in the following planning and environmental matters:

• Drafting advice about material considerations in refusing planning permission in the context of the risk of flooding.
• Providing Advices and pleadings on reliance on emerging local plans, flooding risks, planning permission, Green Belt policy, neighbourhood planning, community infrastructure levy, habitats and permitted development rights.
• Conducting research on appealing a Crown Court’s decision to refuse an application for pre-action disclosure from the Prosecution.