NIAZI FETTO

 Call: 1999

Niazi specialises in personal injury, employment, and professional negligence.

He has been as member of the Treasury Civil Panels since 2005, and is currently instructed by the Foreign and Commonwealth Office in the multi-million pound Kenyan Emergency Group Litigation, brought by over 40,000 former “Mau Mau” and related claimants in respect of their experiences in colonial Kenya during the 1950s.

Other significant recent cases include, in personal injury, Drysdale v Hedges [2012] 3 EGLR 105 (ambit of landlord’s liability for personal injury) and, in employment, Naeem v SoS for Justice [2014] ICR 472 (indirect discrimination – race and religion – pool for comparison).

His expertise lends itself particularly well to claims for stress-related or other injuries in an occupational or institutional context.

Niazi has co-edited the 2 Temple Gardens personal injury and clinical negligence journal “Injury Times” as well as contributed to “The Law of Human Rights” (Clayton & Tomlinson, Oxford) and “The Law of Motor Insurance” (Merkin & Stuart-Smith, Sweet & Maxwell). He is an accredited advocacy trainer for the Inner Temple and for the Employment Lawyers’ Association.

  • 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.

      Notable cases include:

      Kenyan Emergency Group Litigation (group action by 40,000 “Mau Mau” and related claimants alleging UK Government responsibility for alleged mistreatment during the Kenyan Emergency in the 1950s)

      Pascoe v MoD LTL 5.6.13 (noise-induced hearing loss – hearing loss at 6KHz not noise-induced despite meeting Coles criteria)

      Drysdale v Hedges [2012] 3 EGLR 105 (landlord’s liability for personal injury to tenant; ambit of Defective Premises Act; scope of “immunity” derived from Cavalier v Pope)

      Brazier v Wolverhampton CC [2007] EWCA Civ 1479 (multiple accidents – correct application of Baker v Willoughby in acceleration injury cases)

      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.

  • Employment

    • Acts for and advises claimants and respondents in all areas of employment law, including unfair dismissal, discrimination, harassment, redundancy, ill-health retirement, flexible working, transfer of undertakings, pensions, and human rights issues.

      Accredited ELA advocacy trainer, regular speaker at in-house and external seminars on employment law and related topics.

      Highly experienced in employment-related personal injury litigation, particularly cases concerning health and safety at work, stress, bullying and harassment.

      Notable cases include:

      Naeem v Secretary of State for Justice [2014] ICR 472 (whether pay scheme for prison chaplains indirectly discriminatory on grounds of race or religion)

      Fanis & Ricciardi v DWP (2013) London South ET (lead claims addressing reason for dismissal at conclusion of civil service fixed-term contracts – whether entitled to redundancy payment)

  • Professional Negligence

    • PROFESSIONAL NEGLIGENCE AND PRODUCT LIABILITY

      Particular experience of clinical negligence claims, including those with a product liability aspect, as well as claims against solicitors, valuers and construction professionals. Speaks regularly on both liability and quantum issues.

      Notable cases include:

      Martin v Frimley Foundation Hospital Trust & Bard Ltd (Ongoing. One of various cases addressing the safety of trans-vaginal “mesh” products and associated treatment concerns.)

      The Seroxat litigation (Ongoing. Product liability action relating to the safety of the SSRI anti-depressant Seroxat.)

      Pratt v MoD & Rogers (Ongoing. Whether MoD and/or locum practitioner at military medical centre liable for alleged catastrophic renal failure of officer deployed in Germany.)

  • Professional Regulation

    • Considerable experience in professional regulation, 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).

  • Motor Insurance

    • Insurance practice covers policy interpretation, repudiation and avoidance for misrepresentation and non-disclosure, property damage claims, compulsory insurance and Motor Insurers’ 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).

  • 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 to The Law of Human Rights (Clayton and Tomlinson), Oxford.

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