Blake Morgan LLP

Litigation & Disputes Resolution

Daniel is a Senior Associate in the Litigation & Dispute Resolution team in Cardiff specialising in commercial disputes, and public law matters.

Daniel advises clients on a broad range of commercial and civil claims. He has significant experience of contractual claims, debt recovery, negligence cases and partnership disputes.

Daniel also undertakes public law work, to include judicial review, procurement challenges, education, safeguarding, mental health and mental capacity law.

He also has experience in dealing with public inquiries work.

Daniel regularly advises both public and private sector clients.

Daniel has extensive experience in the following areas:

Court of Protection

Bringing and responding to applications on behalf of Local Authorities and Health Boards in connection with the Deprivation of Liberty Safeguards (DoLS) framework.

Advising on matters when individuals lack capacity in complex welfare disputes involving sensitive issues such as social media, sexual relations, residence, care and contact.

Advising in relation to:
a) Mental Capacity Act 2005 and the relevant Codes of Practice;
b) Mental Health Act 1983 and 2007;
c) Issues surrounding consent to medical treatment;
d) Detention and restraint.

Education

Understanding and experience of advising in relation to Special Educational Needs or Additional Learning Needs, and regularly represents local authorities in relation to matters in the Education Tribunal for Wales, when matters are unable to reach early resolution.

Daniel is adapt to advise on the new Additional Learning Needs system in Wales and has provided training to local authorities on the new Act.

Procurement

Daniel regularly advises contracting authorities and economic operators in relation to the Public Contracts Regulations 2015 (“PCR2015”) and The Defence and Security Public Contracts Regulations 2011 (“DSPCR2011”).

Daniel advises on all aspects of procurement law to include:

a) Advising on modifications to contracts;
b) Reviewing evaluation and award criteria;
c) Reviewing standstill letters;
d) Procurement disputes – challenging or defending a public contract award.

Daniel’s recent experience of procurement disputes include:

a) Advising NHS England in relation to procurement and supply of key medicines;
b) Representing NHS England in relation to a procurement challenge concerning a seven-year contract for the provision of orthodontic services in East Hampshire, where the Technology and Construction Court developed the law concerning the “sufficiently serious” test. This matter was heard at the Court of Appeal;
c) Advising Cardiff University on a major construction procurement relating to post-award modifications in accordance with Regulation 72 of the PCR2015;
d) Advising a leading supplier of protective and tactical equipment for military and emergency services sectors in relation to a procurement of sniper equipment in accordance with DSPCR2011;
e) Representing a global medical products company in relation to procurement of pharmaceutical equipment;
f) Advising the Welsh Government on a procurement challenge issued by an unsuccessful economic operator pursuant to the PCR2015. To include issues dealing with standstill period, limitation periods and clarifications.
g) Representing a charity in relation to domestic abuse services in the South West of England.

Judicial Review

Daniel has experience of advising public sector clients on judicial review challenges, both through the medium of the English and Welsh language.

Commercial Disputes

Daniel advises on a range of commercial disputes (both pre-action and in litigation), to include contractual disputes (including sale of goods and debt recovery), shareholder disputes, corporate transactions disputes and unfair prejudice petitions.

Daniel is regularly instructed in relation to matters at the County Court and High Court, and has recently represented clients at the Court of Appeal.

Daniel’s recent experience of commercial disputes include:

a) Advising and representing an entrepreneur in relation to an alleged breach of contract claim relating to an asset swap agreement with a former business partner. This matter was heard at the Court of Appeal;
b) Representing a Respondent to a multi-million-pound unfair prejudice petition concerning a property joint venture and three related disputes;
c) Representing a charity in a claim for damages arising from a breach of an implied contract for the supply of services, which also included claims for quantum meruit remuneration;
d) Representing the Welsh Government in a claim arising under the Highways Act 1980, which included complex considerations relating to limitation and causation.

Public Inquiries

Daniel is currently working on behalf of core participants in the Infected Blood Inquiry and the UK Covid-19 Inquiry. Daniel has provided advice to clients on witness statements, rule 9 requests, what documents should and should not be disclosed and has advised on issues of privilege.

High Value / Complex Personal Injury Claims / Inquests

At the start of his career, Daniel specialised in high value and complex injury claims, involving catastrophic and other serious orthopaedic injuries, to include spinal and amputee injury claims.

Daniel also represented families following a bereavement, which included representation at inquests.