Niazi Fetto

Call: 1999

Expertise

Employment
Personal Injury
Professional Negligence
Clinical Negligence
Insurance & Reinsurance
Professional Regulation

Appointments

Treasury Solicitor (B Panel)

Practice Profile

Niazi joined chambers in 2000, having won Inner Temple scholarships in 1998 and 1999. He specialises in employment, personal injury, professional negligence (including clinical negligence) and insurance-related disputes. He co-edits chambers’ personal injury and clinical negligence journal “Injury Times” and is a contributing editor of both “The Law of Human Rights” (Clayton & Tomlinson, Oxford) and “The Law of Motor Insurance” (Merkin & Stuart-Smith, Sweet & Maxwell). He is also co-author of the Employer’s Liability section of the UMIST Commercial Management MSc course and an accredited advocacy trainer for the Employment Lawyers’ Association.

 

Employment

Acts for claimants and respondents in all areas of employment law, including unfair dismissal, discrimination, harassment, redundancy, ill-health retirement, flexible working, transfer of undertakings, pensions, human rights issues. Contributing editor of “The Law of Human Rights” (Clayton & Tomlinson, Oxford), co-author of Employer’s Liability section of UMIST Commercial Management MSc course, accredited ELA advocacy trainer, regular speaker at CLT seminars on employment law and related topics, including Employment Act 2002 (with Norton Rose), Discrimination Law Update (again with Norton Rose), Remedies, Tribunal Practice and Procedure, and Liability for Stress at Work. Highly experienced in employment-related personal injury litigation, particularly cases concerning health and safety at work, stress and bullying, and quantification of loss (including future loss of earnings and pension claims).

Represented the successful appellant in Lockwood v Crawley Warren Group plc, EAT 16.8.00 (indirect sex discrimination – whether “requirement or condition” imposed by employer when it refused request for unpaid leave). Recent appearances include acting for London Borough of Southwark in Henry v LB Southwark & Anr, EAT 26.2.08 (scope of residual “interests of justice” review category in Tribunal Rule 34(3)(e)).

 

Personal Injury

Extensive experience in substantial claims in all areas, with particular emphasis upon employer’s liability for accidents and stress at work and industrial injury and illness litigation. Instructions have included claims valued in excess of £1m. Recent cases include representing the successful defendant in Brazier v Wolverhampton CC [2007] EWCA Civ 1479 (multiple accidents – correct application of Baker v Willoughby in acceleration injury cases). His practice also includes fatal accident claims, health and safety prosecutions, the interpretation and application of the Motor Insurers Bureau Agreements, and all aspects of civil procedure including limitation points, effective service of proceedings, striking out, summary disposal, costs, expert evidence, disclosure and CRU payments and appeals. Regular speaker and contributor to legal journals on personal injury and related matters.

 

Professional Negligence

Practices extensively in the professional negligence and professional disciplinary fields. Particular experience of clinical negligence claims, and claims against solicitors, valuers and construction professionals. Speaks regularly on both liability and quantum issues.

 

Clinical Negligence

Junior counsel in Ehsan v. Manchester HA, December 2001 (very substantial claim for damages for cerebral palsy allegedly arising out of negligent management of the claimant’s birth.)

 

Insurance & Reinsurance

His insurance practice covers policy interpretation, repudiation and avoidance for misrepresentation and non-disclosure, property damage claims, compulsory insurance and Motor Insurance Bureau matters. He has a particular interest in motor insurance. He is a contributor to The Law of Motor Insurance (Merkin & Stuart Smith, Sweet & Maxwell).

 

Professional Regulation

Considerable experience, a feature of which has been lengthy and complex inquiries before the General Medical Council. Notable cases include GMC v Onen & Onyango, 2001, GMC v Brewer et al, 2003-6 (serious professional misconduct – irresponsible and inappropriate prescribing), and GMC v Van Velzen, 2005 (“Alder Hey babies” case).

Additional Information

Affiliations

• Employment Law Association
• Employment Law Bar Association
• Personal Injury Bar Association
• London Common Law Bar Association
• PUBLICATIONS The Law of Human Rights, Oxford (2003), contributing editor
• The Law of Motor Insurance, Sweet & Maxwell (2004), contributor
• Various articles in the New Law Journal, 2000 to date.
• 2002 Contributing editor of “The Law of Human Rights”(Clayton and Tomlinson), Oxford
• “Keeping the Woolf away from your expert” 151 NLJ 766

 

Languages:

• French (fluent)

 

Awards:

• 1999 Cecil Yahuda Scholarship, Inner Temple
• 1998 Major Scholarship, Inner Temple
• Duke of Edinburgh Award, Inner Temple
• 1997 Wade Prize for Administrative Law (University)
• 1996 Rachel Fellows Scholarship (University)
• Jesus College Foundation Scholarship

 

Other Interests

• Sailing, choral singing