Year of call: 2021
Arya Tabrizi is a barrister specialising in clinical negligence, personal injury, and coronial law.
Arya joined chambers having successfully completed pupillage under Richard Livingston and Claire Steward.
Arya regularly drafts Defences for NHS Trusts and other medical insurers to tight deadlines. He enjoys taking a collaborative approach and is happy to informally advise via email (including in fixed-fee cases).
Y v B
Arya led a multi-expert conference and pleaded a case which involved issues of both gynecology and oncology. The matter concerned not only the consenting process but the rationale for the offer (and performance) of a total abdominal hysterectomy with bilateral salpingo-oophorectomy. Following advice on quantum and strategy the case settled for £70,000.
C v T
Arya led a multi-expert conference, advised and pleaded a case involving a woman who had suffered a negligent laser-eye surgery and developed a chronic pain condition. Pleaded at over £750,000.
A v N
Arya appeared for the Defendant Trust in a contentious CCMC in the High Court. The Claimant’s position was that, as the time for filing a Defence had elapsed, permission from the Court was required to rely on it. Arya successfully persuaded the Court that no permission was, in law, required.
R v W
Advised on liability and quantum in a case involving a Claimant with chronic renal disease who had been negligently given a higher dose of medication than was appropriate given his condition. The claim was valued at over £250,000 and the Defendant duly admitted liability.
T v L
Advised the Claimant on liability and strategy in a case involving the misdiagnosis of a Lisfranc fracture pleaded at over £100,000. Following advice, the matter settled pre-issue.
Y v U
Arya represented the Claimant at the trial of a preliminary issue in a case involving the misdiagnosis of a distal radius fracture.
H v T
Arya represented the Defendant dental practice in a procedurally complicated matter involving multiple Part 20 parties. At a series of CCMCs, Arya successfully persuaded the Court that proceedings should remain consolidated and tried together and that the Defendant should be allowed to rely on expert evidence in relation to the Part 7 claim, in circumstances where no positive case on liability had been pleaded.
J v J
Arya led a multi-expert conference, advised and pleaded a case involving negligent ophthalmological care relating to misdiagnosis of an eye infection.
P v P
Advised on quantum and strategy in a case involving the misdiagnosis of a left scaphoid fracture. Following advice, the matter settled pre-issue for £50,000.
F v Y
Arya acted for the Defendant Trust in claim under the Fatal Accidents Act 1976, which was pleaded at over £200,000. Arya advised on quantum and drafted the Counter-Schedule of loss at just over £20,000.
T v G
Arya advised in conference on liability, quantum and strategy, in a case involving the negligent insertion of a peripheral venous catheter line into a child’s arm. Liability was duly admitted by the Trust.
F v G
Arya represented the Claimant in a multi-track trial in front of the Designated Civil Judge of Preston. Following cross-examination of four council employees and closing submissions, the learned Judge found in favour of the Claimant in regards to liability and quantum.
G v T
Arya drafted the particulars of claim and schedule of loss in an employer’s liability action in which the Claimant had lost a limb. The matter was pleaded at over £750,000 and the Defendant admitted liability following service.
Y v S
Arya advised on quantum and drafted the schedule of loss in a case involving a fracture to the right thumb of a woman following a road traffic accident. Following a stocktake of the claim and additional expert evidence as advised by Arya, the claim was pleaded at over £250,000.
G v P
Arya advised in conference and in writing in relation to a case involving an injury sustained by the Claimant whilst playing golf. Liability was subsequently agreed with the Defendant.
M v N
Arya successfully secured an interim payment on account of both damages and costs in a chronic pain case. The Claimant had developed the condition following a road traffic accident. This matter ultimately settled following advice on liability, quantum and case strategy.
B v CICA
Arya successfully represented a victim of human trafficking and slavery in her appeal against the CICA. An award had been denied under the scheme and Arya was successful in persuading the Tribunal that an award should be made as the Appellant was a victim of a violent crime and had reported the matter to the police as soon as practicable – the matter went back to the CICA for valuation.
T v MOD
Arya successfully represented a veteran solider in an appeal under the AFCS scheme. The veteran suffered from PSTD. Arya persuaded the tribunal that the prior award by Vets UK had been significantly undervalued and a Level 6 award was made.
K v MOD
Arya successfully represented a veteran who suffered from PTSD in an appeal under the AFCS scheme. A level 10 award had been made and upheld on review. Arya advised in conference and successfully persuaded the tribunal to allow the appeal and make a Level 6 award.
HX – Neglect found following treatment in hospital which led to death
Arya represented the family of a woman who had died of aspiration pneumonitis, in an A&E department, after being admitted 40 hours earlier with life-threatening asthma. Following written submissions, the learned Coroner returned a narrative conclusion which found multiple causative failings and neglect.
BT – No finding of neglect in social care inquest
Arya represented a local council at the Inquest into the death of an elderly man where there were issues of social care and the use of the word “neglect” in Council systems/documentation. Following oral submissions, the learned Coroner returned a short form conclusion with no finding of neglect.
AB – Article 2 and neglect found in healthcare setting
Arya represented the family of a former, successful business owner who died following the consumption of excessive alcohol whilst in a voluntary mental health unit. Following written and oral submissions the Senior Coroner found that Article 2 was engaged and that there were multiple causative failings in care. The Senior Coroner returned a narrative conclusion with a neglect rider.
AC – Article 2 and neglect found in Prison death
Arya represented the family of a prisoner in a two-week jury inquest. The young man had come to have three foreign objects inserted into his ear and throat and ultimately died in hospital over a month later. Following written and oral submissions, the Learned Coroner agreed to leave multiple causative failings and the issue of neglect to the jury. The jury returned a narrative conclusion with multiple causative failings and a neglect rider. Arya advised on a civil and human rights claim and drafted allegations after the conclusion of the inquest, following which the Ministry of Justice admitted liability.
HJ – No mention of local council in record of inquest
Arya represented a local council at an inquest into the death of man in which the scope included an investigation into social and community care. Following oral submissions, the learned Coroner returned a short form conclusion which did not mention the council or their involvement.
TH – Removed Unlawful Killing from the possible jury conclusions
Arya represented two brothers at an inquest into the death of a man who had died whilst being detained by the brothers. Following “Galbraith plus” submissions, Arya persuaded the learned Coroner to remove the conclusion of “Unlawful Killing” from the jury.
SY – PFD issued to the Secretary of State for Health
Arya represented the family of a young girl who had died following a delay in the issuing of prescribed antibiotics in a 4-day, jury inquest. Following the conclusion of evidence, the Senior Coroner issued a Preventing Future Deaths report to the Secretary of State for Health and Social Care.
Aerotoxicity litigation – Arya is junior counsel for the claimants in the “Aerotoxicity” group litigation which is being managed by Mrs Justice Yip out of the Royal Courts of Justice. He is led by Michael Rawlinson KC and Andrew Smith KC.
Arya gained significant experience in complicated, industrial disease claims relating to mesothelioma and lung cancer whilst undertaking pupillage with Richard Livingston.
A v K
Arya represented the Claimant at trial in an occupational disease matter. The case involved negligent working practices in a factory which had led to the development of Hand Arm Vibration Syndrome (“HAVS”). Arya was successful in securing liability and the Claimant beat his Part 36 offer resulting in both damages and costs uplifts.
