- Areas of Law
- Cases and Publications
- Fees and Feedback
- Privacy Notice
Daniel came to the bar after 20 years of success in business. As an entrepreneur, he built companies from the ground up to turning over millions of pounds and has hands-on experience in every area of business operations and face-to-face negotiations. As such, he has a robust and pragmatic approach to legal advice and representation with a focus on achieving a workable solution for his clients.
Drawing on his entensive experience in negotiating and resolving issues and conflicts, Daniel achieves a mutual and fair resolution to the most complex problems. His approachable style makes his clients feel comfortable trusting him to progress their case for the long term. He is able to bring parties together who have been driven apart, bringing disputes to a swift conclusion to allow parties to move forward positively.
Areas of law
- Company Law
- Contracts & Consumer Law
- Property Law
- Intellectual Property Law
- Family Law
- Shareholder disputes
- Directors' responsibilities
- Contractual disputes
- Commercial debt recovery
- Retrieval of company assets from ex-directors
- Private prosecutions for offences under the Companies Act
Contracts & Consumer Law
- Breach of contract
- Consumer Rights Act claims
- Travel delay claims
- Unfair terms in consumer contracts
- Residential and commercial disputes
- Qualified in mortgage advice and practice
- TOLATA (Trusts of Land and Appointment of Trustees Act) disputes
Intellectual Property Law
- Intellectual property registrations and disputes
- Trade mark applications and infringements
- Copyright and design rights registrations and infringements
- Domain name disputes
- Online keyword infringements
- Matters of software copyright and suis generis database rights
- Child arrangement disputes
- Allegations of physical and emotional abuse
- International child abduction
- Emergency High Court applications for an order to return the child to the country of origin
- Bar Professional Training Course
- LLM, Intellectual Property Law
- LLB, Intellectual Property Law
Outside of work, Daniel is a veteran martial artist and 6th degree black belt in Tae Kwon-Do and Close-Quarters Combat training. He is also a technical expert on the committee for POLARM Academy, which provides training to the Army, Special Forces and Police.
Public Access Accredited
Authorised to Conduct Litigation
Areas of Law
Daniel ShenSmith is happy to accept instructions as counsel who is:
Very experienced in the areas of:
- Public Access Accredited
- Business & Commercial Law
- Consumer Contracts
Experienced in the following additional areas:
- Land & Property
- Business & Commercial Law
- Family Law
- Consumer Contracts
- Media Law & Information Law
- Education Law
Happy to help in the following additional areas:
- Land & Property
- Business & Commercial Law
- Consumer Contracts
Training in this area in the following additional areas:
- Wills & Probate
- Personal Injury
- Credit Hire Specialists
- Credit Hire (Defendant Insurance Team)
Outside of these key areas of law, Daniel ShenSmith is always willing to consider any enquiry requiring the experience or knowledge needed to help you or your client. Please call Daniel direct or the support team on 01823 247 247 if you would like to discuss any aspect of this profile.
Cases and Publications
The Bar Council
The Business of Barristers
Top tips on running a successful Direct Access Practice
The benefits of direct access: a client’s perspective
The Bar Standards Board
Daniel talked at the Annual Bar and Young Bar Conference. A discussion on ABSs with the Bar Standard Board. Daniel talked alongside Bar Standard Board Director General Dr. Vanessa Davies about new ABS structures and Licensed Bodies, delivering both the client perspective and service provider perspective on the new structures.
Innovating the Bar: barrister insight from Thomson Reuters
Will barrister ABSs lead the way for innovation?
Daniel ShenSmith discusses his approach to innovation at the Bar.
Innovating the Bar: how to create and grow a successful practice
Growing a successful public access practice – strategies and skills for success
Law of the land, lawyer of the times
23 Essex Street
Public Access Bar Association: Public Access Seminar 2017
Modern Law Awards 2022 - Marketing & Communication Strategy of the Year
Fees and Feedback
Details regarding our approach to fees can be found at the following link: http://www.clerksroom.com/content-html?cid=514
Please see “profile” tab for a description of the legal services provided by this barrister.
We aim to complete and return all paperwork within 14 days (2 weeks) of receipt if no specific deadline is provided. We can work to much faster timescales if requested or we can agree a specific target date for each individual circumstance. We will always advise at the outset if counsel is unable to meet any deadline.
Each barrister has a standard hourly rate for their work. The individual hourly rate can be agreed when instructions are acknowledged if preferred. We welcome early discussion as to the suitability of a specific barrister for a specific case. The right barrister will have the relevant expertise to deal with the case but will not be too junior, or too senior depending on the complexities.
We aim to allocate all cases to the correct level of experience & seniority which we believe will prove most to be the most cost-effective solution for our clients.
If, due to urgency, we allocate paperwork to a more senior member of Clerksroom, we will charge the appropriate hourly rate for the work, not for the barrister. We welcome early discussion to ensure the correct fee is applied to the case at the outset.
All our barristers are regulated by the Bar Standards Board (BSB) and hold a current practising certificate, details can be found at the following link Barristers’ Register
If you are not satisfied with the service provided, you can make a complaint to Chambers. Information on the chambers’ complaints procedure is available at the following link: http://www.clerksroom.com/content-html?cid=416
If you are not satisfied with the response you receive from my chambers, you can make a complaint to the Legal Ombudsman. You must contact the Legal Ombudsman either within 6 months following the conclusion of our handling your complaint, within 6 years from the date of the act/omission, or 3 years from the date that you should reasonably have known there were grounds for complaint (if the act/omission took place before the 6 October 2010 or was more than six years ago).
The Legal Ombudsman’s details are as follows:
PO Box 6806
Tel: 0300 555 0333
1. This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).
2. The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.
3. I, Daniel ShenSmith, have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.
4. It is necessary for me to process your personal data in order for me to provide you with legal services, for example:
· Advise on the prospects of litigation;
· Advise on the value of your claim;
· Representation at a court hearing;
· Representation at trial;
· Advise, review or comment on legal issues or evidence.
5. Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.
6. The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.
7. If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.
8. If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.
Recipients of your data
9. I may also be required to share your data with others, depending on the nature of your case. This may include:
(i) Courts and other tribunals to whom documents are presented;
(ii) Your solicitors, or agent representing you, through whom I have been instructed;
(iii) Potential witnesses, experts and other persons involved in the case;
(iv) Solicitors, barristers, or other legal representatives;
(v) Ombudsman and regulatory authorities;
(vi) Education and examining bodies; and
(vii) Current, past or prospective employers.
Special Categories of Data
10. In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.
11. This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.
12. I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.
13. How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.
14. Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:
(i) The legal and professional obligation to retain information relating to my cases;
(ii) To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;
(iii) For use in the defence of potential complaints, legal proceedings or fee disputes;
(iv) To refer back to in future cases which raise similar legal, factual, or procedural issues.
15. The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.
16. The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation.
17. Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.
18. Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.
19. You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.
20. You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.
21. You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests.
22. Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object.
23. You have the right to request that your personal data is erased where any of the following apply:
(i) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(ii) You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;
(iii) Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;
(iv) The personal data has been unlawfully processed; or
(v) The personal data have to be erased to comply with a legal obligation.
24. You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).
25. Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort.
26. I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. The I.T. systems used by Clerksroom are ISO27001 compliant.
Complaints or Queries
27. If you have any questions regarding this privacy notice, or how I use your personal data please email me: firstname.lastname@example.org, or my clerks: mail@clerksroom telephone 01823 247 247.
28. I shall aim to respond as soon as possible, and within 30 days.
29. You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/
Tammie Marie ShenSmith Law
Daniel ShenSmith and team have been great so far in the case he is dealing with for me and is going above and beyond. The case he is dealing with for myself and my son is very upsetting but he shows he does care and will fight for justice.
James Lewis Lay Client
They were very kind and compassionate, helped me through a very dark and stressful time, can't thank the Barrister enough he was brilliant
Alfa Begum Lay Client
Thanks again, it was nice to feel the support of a team. I knew they were a phone call away. Received critical guidance and advice. It’s a difficult area of law, I needed help with but I found Mr ShenSmith to be calm, collective, informative, professional and patient.
Bellamy Wold Lay Client
You are in Good Hands. I had the pleasure of working with ShenSmith Barristers [Daniel] while I was doing due diligence on a business acquisition opportunity. They are very easy to work with and they have offered their honest and fair opinions from the legal standpoint. I appreciate that their opinions align with people who I trust with deep industry expertise. Although I had to make an incredibly difficult decision to turn down the acquisition opportunity as a result, I highly recommend ShenSmith Barristers because I know once I work with them, I am in good hands.
Ali Salih Lay Client
I had advice and letter written for me by ShenSmith Barristers [Daniel], they acted on my case quickly and professionally, they understood the problem and advised on the action needed to resolve the situation. I would highly recommend ShenSmith Barristers. Many thanks
Rachel Hall Lay Client
I recently needed some legal advice with setting up a small business venture and I found ShenSmith Barristers [Daniel] knowledgeable and incredibly helpful. They don’t sugarcoat it, they tell you what you need to hear. I could not have asked for better service. I would highly recommend this company to anyone seeking legal advice.
Richard Ponting Lay Client
Worth every penny and some. Calm in the eye of an emotional tempest that was the battle for my kids. Forever grateful for Daniels exquisite work
John van Steijn Lay Client
I Could not have hoped for a better outcome thanks to Daniel and his team, they were very thorough, professional and knowledgeable and the communication throughout was excellent from start to finish, I would not hesitate to recommend Shensmith Law!