Niazi Fetto KC specialises in personal injury, clinical negligence and employment.
‘Outstanding… He has a tireless work-ethic, a fierce intelligence and puts clients completely at ease’ (Legal 500, 2023). Niazi took silk in 2023, having long been recommended as a leading junior in Chambers and Partners and the Legal 500, and shortlisted for Chambers and Partners Personal Injury Junior of the Year.
His current caseload includes Green v MOD, a claim by a former Army officer that the misdiagnosis of an exertional heat injury led to a destabilisation of his neurological or psychiatric condition such that he went on to commit murder and attempted murder, and V v MOD, a sex discrimination claim alleging mismanagement of a female former soldier after she accused a colleague of rape.
Niazi is also a group litigation specialist. He was lead junior in the successful defence by the Foreign and Commonwealth Office of the Kenyan Emergency Group Litigation, the largest group action ever brought against the UK Government, and has since acted in multiple claims relating to the alleged abuse of child migrants during the 1950s and 1960s, and the potentially addicting effects of a specific class of antidepressant medications.
Niazi’s expertise lends itself particularly well to claims for injuries and diseases in an occupational or institutional context. He is regularly instructed in claims alleging discrimination/harassment/ bullying, and in industrial disease claims, including occupational exposure to asbestos, other hazardous substances and noise. He represented the successful defendant in the Court of Appeal in Sivaji v MOD [2021] EWCA Civ 1163, an asbestos mesothelioma claim.
He is also sought after for inquests and inquiries work corresponding with his areas of specialism. His recent instructions include the Inquest into the death of Richard Morris (2022) and the UK Covid-19 Inquiry.
Niazi has a broad and thriving employment law practice, with an emphasis on discrimination. His notable cases include H v MOD (2022 – sexual assault working abroad – discrimination, vicarious liability – appeal pending), Brookes v GLS [2017] IRLR 780 (disability discrimination – autism spectrum disorder, psychometric testing), and Naeem v SoS for Justice [2016] ICR 289 (indirect discrimination – race and religion – disparate impact and justification).
Expertise
Personal Injury
Niazi has 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.
Notable Personal Injury cases
AD v Home Office 2022
Multi-million pound claim arising out of alleged unlawful immigration detention of Sri Lankan sexual abuse victim.
Sivaji v MOD [2021] EWCA Civ 1163
Represented MOD in appeal from rulings under ‘show cause’ procedure in Singapore-based asbestos mesothelioma claim.
Child migration claims [2018-2021]
Represented the Department for Health and Social Care in claims alleging abuse of migrated children during the 1950s and 1960s.
Kenyan Emergency Group Litigation [2016-2018]
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 [2013]
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.
Clinical Negligence
Niazi is regularly instructed in complex and high-value clinical negligence litigation, including claims with a product liability aspect.
Notable Clinical Negligence cases
Shaw v MOD [2021]
Claim for loss of specialist naval diving career consequential upon alleged negligence in assessing for colour perception.
Green v MOD [2020]
Representing MOD in claim alleging misdiagnosis of training injury led to brain and/or psychiatric disturbance and associated extreme criminal behaviour.
Falkenberg v MOD & Frimley Health NHS Foundation Trust [2018]
Complex neurological injury allegedly due to negligently performed corrective right foot surgery.
Pratt v MoD & Rogers [2016]
Whether MoD and/or locum practitioner at military medical centre liable for alleged catastrophic renal failure of officer deployed in Germany.
Trans-vaginal mesh claims [2015-2017]
Various cases addressing the safety of trans-vaginal “mesh” products and associated treatment concerns.
Product Liability
Niazi has considerable product liability experience, particularly in cases involving injury caused by allegedly defective medical devices, pharmaceutical products and medicines.
The nature of these cases means that many are run as group actions and across borders. He is accordingly expert at running large-scale, international litigation in relation to clinical equipment and pharmaceutical products.
He also has other experience of product liability matters arising out of personal injury claims.
Notable Product Liability cases
The Seroxat Group Litigation
Product liability action relating to the safety of the SSRI antidepressant Seroxat (paroxetine).
Kistensamy v Leech & Lewisham & Greenwich NHS Trust [2017]
Claim arising from Stevens-Johnson Syndrome suffered due to allergy to allopurinol – alleged inadequate warning by prescriber and negligent treatment of reaction at hospital.
Trans-vaginal mesh claims [2015-2017]
Various cases addressing the safety of trans-vaginal “mesh” products and associated treatment concerns.
Group Litigation
Niazi is also highly regarded for his experience in dealing with Group Litigation and he has been instructed in many high-profile actions over the past few years. Due to the nature of the disputes generally at the heart of group litigation, there is much overlap with his work in healthcare, product liability, personal injury and human rights.
Notable Group Litigation cases
Child migration claims [2018-2021]
Represented the Department for Health and Social Care in claims alleging abuse of migrated children during the 1950s and 1960s.
Trans-vaginal mesh claims [2015-2017]
Various cases addressing the safety of trans-vaginal “mesh” products and associated treatment concerns.
Kenyan Emergency Group Litigation [2016-2018]
Group action by 40,000 “Mau Mau” and related claimants alleging UK Government responsibility for alleged mistreatment during the Kenyan Emergency in the 1950s.
The Seroxat Group Litigation
Product liability action relating to the safety of the SSRI antidepressant Seroxat (paroxetine).
Employment
Niazi 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.
Highly experienced in employment-related personal injury litigation, particularly cases concerning health and safety at work, stress, bullying and harassment.
Notable Employment cases
H v MOD [2022]
Vicarious liability for sexual assault when posted abroad; jurisdiction; alleged sex and sexual orientation discrimination, victimisation and harassment by chain of command.
V v MOD; H v MOD [2019]
Whether management of former soldiers by chain of command following allegations of rape and sexual assault entailed sex discrimination and/or victimisation.
Naeem v Secretary of State for Justice [2016] ICR 289
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.
Significant Cases
- H v MOD (ET 2601422/2020) – Appeal pending.
- Sivaji v MOD [2021] EWCA Civ 1163
- Brookes v GLS [2017] IRLR 780
- Sandra Bailey & Ors v Glaxosmithkline (UK) Ltd [2016] EWHC 178 (QB)
- Kieran Murphy v Ministry of Defence [2016] EWHC 3 (QB)
- Gillian Drysdale v Joanne Hedges [2012] EWHC 4131 (QB) [2012] 3 EGLR 105: (2012) 162 NLJ 1056
- Brazier v Wolverhampton City Council [2007] EWCA Civ 1479
- Kimathi & Ors v Foreign & Commonwealth Office [2018] EWHC 3144 (QB); [2018] EWHC 2066 (QB); [2018] EWHC 853 (QB); [2017] EWHC 203 (QB); [2017] EWHC 938 (QB); [2017] EWHC 2145 (QB); [2015] EWHC 3432 (QB)
Appointments
- King’s Council (2023)
- Treasury A Panel
Awards
- Cecil Yahuda Scholarship, Inner Temple
- Major Scholarship, Inner Temple
- Duke of Edinburgh Award, Inner Temple
- Wade Prize for Administrative Law, Cambridge University
- Rachel Fellowes Scholarship, Cambridge University
- Jesus College Cambridge Foundation Scholarship
