Kaiser Nazir

Called 1991

About

Kaiser specialises in all aspects of personal injury litigation. He is an experienced advocate who is regularly instructed in claims involving allegations of exaggeration and fundamental dishonesty.

He is an effective advocate both at trial and on interlocutory matters with extensive experience of conducting settlement meetings. He gives clear and concise advice on issues of liability and quantum as well as aspects of litigation strategy.

He is regularly instructed to advise in claims involving issues such as limitation and medical causation (often involving conferences with medical experts).

He has a particular interest in limitation issues and has appeared in the Court of Appeal in the significant cases of ALI -V- COURTAULDS [1999] LLR Medical 301 and MALONE -V- RELYON HEATING ENGINEERING LIMITED [2014] EWCA Civ 904.

His practice is truly nationwide and he is regularly instructed to attend court/joint settlement meetings/ conferences throughout England and Wales.

He is able to take Direct Access instructions (Public Access No. 28282).

Areas of Expertise

Kaiser undertakes all aspects of personal injury work and is frequently instructed at trials and in settlement meetings.
He has expertise in dealing with chronic pain/somatoform pain disorder and in dealing with issues of dishonesty, causation and acceleration, frequently against the background of an extensive medical history and complex medical evidence..
His experience enables him to readily and effectively identify the issues arising, advise clearly, and pursue the client’s position in negotiations and at trial.
Examples of recent cases include:
  • Minor Injury resulting in PTSD which was settled at a joint settlement meeting for £300,000. Involved difficult issues on causation and acceleration.
  • Traumatic brain injury causing organic personality disorder, and dysexecutive syndrome. The Claimant was an alcoholic prior to injury and the medical evidence advised that post injury he enjoyed a better quality of life with an increased life expectancy!
  • Fatal accident of father resulting in a settlement of £500,000 for the widow and children.

Kaiser has a particular interest in medical causation and limitation issues and has appeared in the Court of Appeal in two significant cases on limitation:

  • ALI -V- COURTAULDS [1999] LLR Medical 301: Date of knowledge pursuant to the Limitation Act 1980.
  • MALONE -V- RELYON HEATING ENGINEERING LIMITED [2014] EWCA Civ 904: A decision on section 33 of the Limitation Act 1980 in a case involving noise exposure over different periods with different levels of prejudice arising.
 Noise Induced Hearing Loss and Tinnitus

Kaiser regularly undertakes trials (including limitation hearings) for a variety of solicitor and insurer clients. He is proficient in interpreting audiometry and in the application of both the CLB 2000 Guidelines and the LCB 2016 quantification guidelines.

He has represented Courtaulds Textiles over many years, predominantly in respect of claims for noise induced hearing loss.

He has provided training to barristers and solicitors on complex issues of medical causation and limitation.

He was a panel member of the Inaugral NIHL Symposium 2016.

 

Asbestos Litigation

Kaiser is fully conversant with the statutory duties relevant to asbestos disease litigation. He advises on all aspects of such claims including medical causation and limitation issues. He is instructed to attend “show cause” hearings before Queen’s Bench Masters.

 

Hand-arm Vibration Syndrome

Kaiser is regularly instructed to advise on liability and quantum issues. He is familiar with the criteria for the diagnosis of the condition and arguments against a work related cause including: delayed onset; obesity; peripheral neuropathy; diabetes; medication side-effects; and alternative medical diagnoses.

 

Asthma/Dermatitis/COSHH

Kaiser is familiar with the issues of medical causation, which are often the most important features of these claims. Recent cases have included:

  • Claimants suffering dermatological and airway irritation by reason of workplace exposure to airborne respirable fibrils of nickel.
  • Claimant exposed to silica dust during employment as a Stonemason.

Kaiser is a senior memeber of the civil fraud team in chambers.

He has extensive experience and skill in civil fraud work ranging from road traffic, disease, casualty, employers’ liability and public liability fraud.

He acts exclusively for insurance companies in defending such claims.

In the early years of practice he regularly appeared in the Crown Court and thus has the added expereince of prosecuting fraud in the criminal courts.

Kaiser has been successful in obtaining findings of fundamental dishonesty in numerous cases.

He is regularly instructed to advise on merits and litigation strategy as well as to draft defences in claims involving exaggeration and dishonesty.

He is an effective advocate both at trial and on interlocutory matters.

Kaiser regularly travels extensively within England to advise and represent insurers.

He is regularly instructed in claims involving:

  • exaggerated injuries
  • exaggerated quantum
  • “manufactured accidents”
  • “crash for cash” claims
  • phantom passenger claims
  • low velocity impacts (LVI)
Fraudulent Claims

Kasier has extensive experience and skill in civil fraud work ranging from road traffic, disease, casualty and EL/PL fraud.

In the early years of practice he regularly appeared in the Crown Court and thus has added experience of prosecuting fraud in the criminal courts.

He has been successful in obtaining findings of fundamental dishonesty in numerous cases.

He is regularly instructed to advise on merits and tactics as well as to draft defences.

He is regularly instructed in claims involving:

  • Low Velocity Impacts (LVI)
  • Phantom passengers
  • “Manufactured accidents”
  • Exaggerated injuries
  • Exaggerated quantum

Kaiser is regularly instructed to advise in claims involving issues of limitation and medical causation (often involving conferences with medical experts).

He has a particular interest in limitation issues and has appeared in the Court of Appeal in two significant cases:

  • ALI -V- COURTAULDS [1999] LLR Medical 301 – Date of knowledge pursuant to the Limitation Act 1980.
  • MALONE -V- RELYON HEATING ENGINEERING LIMITED [2014] EWCA Civ 904 – Decision on section 33 of the Limitation Act 1980 in a case involving noise exposure over different periods withy different levels of prejudice arising

Kaiser regularly undertakes trials (including limitation hearings) for a variety of solicitor and insurer clients.

 

Noise Induced Hearing Loss and Tinnitus

He is proficient in interpreting audiometry and in the application of both the CLB 2000 Guidelines and the LCB 2016 quantification guidelines.

He has represented Courtaulds Textiles over many years predominantly in respect of claims for noise induced hearing loss.

He has provided training to barristers and solicitors on complex issues of medical causation and limitation.

Kaiser was a panel member of the Inaugral NIHL Symposium 2016.

Examples of recent cases include:

  • Two day trial on the issue of whether the Claimant suffered a diagnosable hearing loss on the medical evidence.
  • Issues of asymmetry
  • Claimant suffering greater than expected hearing loss in the lower frequencies i.e. 0.5 to 2 kHz
  • Whether the hearing loss is sufficient to result in compensable injury i.e. De minimis
  • “Date of knowldege” for the purposes of the Limitation act 1980

 

Asbestos Litigation

Kaiser is fully conversant with the statutory duties relevant to asbestos disease litigation.

He advises on all aspects of such claims including medical causation and limitation issues.

He is instructed to attend “show cause” hearings before Queen’s Bench Masters.

 

Hand Arm Vibration

Kaiser is regularly instructed to advise on liability and quantum issues.

He is familiar with the criteria for the diagnosis of the condition and arguments against a work related cause including: delayed onset; obesity; peripheral neuropathy; diabetes; medication side-effects; and alternative medical diagnoses.

 

Asthma/Dermatitis/COSHH

Kasiser is familiar with the issues of medical casuation, which are often the most important features in such claims.

Recent cases have included:

  • Claimants suffering dermatological and airway irritation by reason of workplace exposure to airborne respirable fibrils of nickel.
  • Claimant exposed to silica dust during employment as a Stonemason.

Kaiser is a senior member of the credit hire team. He has vast experience of representing insurers in defending credit hire claims. His practice is exclusively defence work.

He is well versed in the usual issues, such as impecuniosity, need, period, mitigation, and enfoceability.

He has successfully made applications against the credit hire company for costs pursuant to CPR 44.16.

He is regularly instructed by insurance companies to attend conferences and trials throughout England and Wales.

Examples of recent work include:

  • RIAZ -V- PENNY CAR HIRE (2017): Claim for credit hire of £210,900. Claim was defeated on liability after a two day trial in Guildford. Application was successfully made for a costs order against the credit hire company pursuant to CPR 44.16.
  • Claims for credit hire by commercial organisations denied on the grounds that the appropriate claim was for loss of profit.
  • Numerous claims in which the Claimant’s arguments of being impecunious were rejected.

Personal Injury Bar Association (PIBA) Association of Victims of Medical Accidents (AVMA) North Eastern Circuit

Represented Professor Harris in the Alder Hey "Redfearn Enquiry" (6/7/2000).

BOYNE -V- NORTH YORKSHIRE COUNTY COUNCIL [1997] - This case concerned the definition of a waste transfer station pursuant to the Waste Management Licensing Regulations 1994.

R -V- MARSDEN and KLINEBERG [1999] 1 Cr App R 427 - Commercial fraud; Section 5(3) Theft Act 1968.

ALI -V- COURTAULDS [1999] LLR Medical 301 (CofA) - Date of Knowledge for the purposes of the Limitation Act 1980.

MULLOY -V- CHIEF CONSTABLE OF HUMBERSIDE POLICE [2002] EWCA Civ 1851 Tort of trespass to the person.

MALONE -V- RELYON HEATING ENGINEERING LIMITED [2014] EWCA Civ 904 - A decision on section 33 of the Limitation Act 1980 in a case involving noise  exposure over different periods with different levels of prejudice arising.

  • Civil Procedure Rules
  • Human Rights Act and Civil Claims
  • Expert Evidence
  • Limitation Periods for Actions in Personal Injury and Industrial Disease
  • Litigation

LLB (Hons), Middlesex University