Daniel ShenSmith

Daniel ShenSmith

LLB (Hons), LLM, MSoM Barrister
Membership Status: Barrister - Full Member Qualified in 2018 Public Access Accredited BSB Guidance for Public Access
Bar Standards Board - Regulating Barristers
Barristers in England and Wales are regulated by the Bar Standards Board

Profile

General Information

Daniel came to the Bar with 20 years of successful business operation. As an entrepreneur, he built businesses from the ground up to turning over millions of pounds and has hands-on experience in every area of operation 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.

Daniel also manages a Licensed Body law firm authorised and regulated by the Bar Standards Board to provide litigation, advice and advocacy services.

Company law
Drawing on his business background, Daniel has a keen interest in company law and regularly advises on shareholders disputes, directors' responsibilities, contractual disputes, and commercial debt recovery. Daniel has also acted in the retrieval of company assets from ex-directors and advised on private prosecutions for offences under the Companies Act.

Contracts and consumer law
Daniel stresses the importance of clear and coherent agreements and offers a pragmatic approach to contractual and consumer disputes generally, including breach of contract, Consumer Rights Act claims, travel delay claims, and unfair terms in consumer contracts.

Intellectual property law
Following his passion from his business experience, Daniel studied Intellectual Property law for his LLB (First-class), LLM (Distinction), and Bar Professional Training Course (BPTC) option (graded Outstanding).

Daniel has experience with intellectual property registrations and disputes, including trade mark applications and infringements, copyright and design rights registrations and infringements, domain name disputes, and online keyword infringements. He has recently advised in matters of software copyright and suis generis database rights for a multi-million-pound development project.

Family law
Daniel has had excellent results and judicial praise in child arrangement hearings and other family law issues. He finds this area of law a natural fit for his problem-solving and pragmatic approach to bring parties together who have been driven apart. Daniel draws on his 20 years’ experience in negotiating and resolving issues and conflicts to achieve a mutual and fair resolution to the most complex problems. These skills are essential to draw family conflicts and disputes to a swift conclusion and allow parties to move forward positively and leave difficulties behind insofar as is possible.

His approachable style makes his clients feel comfortable to trust him to progress their case for the long term.

Daniel has frequently appeared in court for child arrangement disputes and allegations of physical and emotional abuse. Notably, Daniel has advised on cases of international child abduction and emergency High Court applications for an order to return the child to the country of origin.


References from barristers
“His business skills speak for themselves. His interpersonal skills are considerable and he is a man of the utmost integrity.”
– Stephen Harvey QC, criminal & regulatory barrister

“He is an able, dedicated barrister.”
– Stuart Stevens, Head of Holborn Chambers

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.

Testimonials

Testimonials

CPD

Public Access Accredited
Authorised to Conduct Litigation
Accredited Mediator

Areas of Law

Daniel ShenSmith is happy to accept instructions as counsel who is:

  • Business & Commercial Law
  • Business & Commercial Law
  • Consumer Contracts
  • Education Law
  • Family Law
  • Land & Property
  • Media Law & Information Law

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.

Thomson Reuters
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

Solicitors Journal
Law of the land, lawyer of the times

23 Essex Street
Public Access Bar Association: Public Access Seminar 2017

Fees and Feedback

Fees and Feedback

FEES:

Details regarding our approach to fees can be found at the following link:  http://www.clerksroom.com/content-html?cid=336

SERVICES:

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.

REDRESS:

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

Complaints information

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:

Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ
Tel: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Web: www.legalombudsman.org.uk

Privacy Notice

Fees and Feedback

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.

Retention

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. 

Your Rights

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. 

Security

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: daniel.shensmith@clerksroom.com, 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/

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