Stephen Arnold
Practice Director - Civil
0117 930 9000
Click here to email
We have adopted a specialist team approach to our practices for many years. We feel that this is the way our clients want us to work, and that specialisation leads to the provision of a better service.
Stephen Arnold
Practice Director - Civil
0117 930 9000
Click here to email
Chloe Amson
Assistant Practice Manager - Personal Injury, Clinical Negligence and Court of Protection (Health & Welfare)
0117 930 9000
Click here to email
Rob McDonald
Practice Manager - Employment & Discrimination, Costs & Litigation Funding
0117 930 9000
Click here to email
Kriti is a contributing author to the clinical negligence section of the Butterworths Personal Injury Litigation Service, alongside others from the Guildhall Chambers clinical negligence team.
Kriti Upadhyay is a medical lawyer, specialising in Clinical Negligence, Court of Protection, Professional Discipline, and Personal Injury
Her expertise in these areas allows her to advise on a wide range of legal issues arising in the healthcare sector, including civil claims, inquests, representing medical professionals before regulatory bodies, advising on health and welfare cases involving vulnerable adults in the Court of Protection, and advising on cases involving issues of mental health law as well as a crossover between mental health and mental capacity law. Kriti has been commended by instructing solicitors for her preparation, attention to detail, her advocacy skills and her empathetic manner with clients.
Kriti is recommended as a Leading Junior in the Legal 500, ranked Tier 1 for clinical negligence, Court of Protection (Health and Welfare) and professional discipline. She is ranked Tier 3 for personal injury. Kriti is also ranked by Chambers and Partners for clinical negligence.
Kriti jointly heads the Court of Protection team in Chambers. She is a co-author of the Dictionary of the Court of Protection.
Kriti is also a contributing author to the clinical negligence section of the Butterworths Personal Injury Litigation Service, alongside others from the Guildhall Chambers clinical negligence team.

Kriti is a specialist clinical negligence practitioner, and advises on a wide range of cases ranging from complex obstetric and gynaecological issues, delayed cancer diagnoses and surgical errors in various disciplines. She is instructed to advise and appear in court at all stages in proceedings, by both claimants and defendants. Kriti regularly drafts pleadings, advises both in conference with experts from various disciplines, on settlement, and in respect of procedural issues such as limitation and disclosure, in complex cases and those valued at over £1 million.
Kriti also has significant clinical negligence inquest experience, including Article 2 jury inquests, each involving a number of medical professionals giving evidence over several days. Kriti regularly represents families and medical professionals at inquests, and is often asked to advise in respect of subsequent civil claims under the Fatal Accidents Act 1976.
Recent clinical negligence instructions include cases involving:
Kriti is a contributor to the Clinical Negligence section of the Butterworths Personal Injury Litigation Service.
Kriti has a varied Court of Protection practice, specialising in health and welfare cases, including personal welfare applications, challenges to deprivation of liberty authorisations under the Mental Capacity Act 2007, and cases involving medical treatment. She has a
particular specialism in cases that also involve a crossover with treatment/detention under the Mental Health Act 1983. Kriti is also frequently instructed in mixed pathway cases involving issues such as financial exploitation and the validity of Lasting Powers of Attorney.
She is instructed to act on behalf of vulnerable adults through the Official Solicitor and other litigation friends, for family members, NHS trusts and local authorities in matters, including where there are complex issues of capacity and medical evidence, or infringement with human rights. She regularly advises on cases involving issues in respect of care provision, residence, contact, and medical treatment. She has extensive experience of dealing with vulnerable clients and complex medical evidence, both in conference and when questioning medical professionals and experts in court.
Kriti also advises on cases involving potential breaches of human rights act (such as where P may have been unlawfully deprived of his liberty) and issues under the Mental Health Act 1983 as part of her broader public law practice.
Kriti is a co-author of the Dictionary of the Court of Protection.
Kriti represented the father of P in these long-running personal welfare proceedings, involving a range of issues including residence, care, contact with L’s mother, and personal welfare deputyship. Kriti represented L’s father at several hearings, including a 5-day contested hearing, an appeal before Theis J in the High Court in March 2024 against the decision to revoke CL’s deputyship, and various directions hearings.
Link to published first instance decision: https://www.bailii.org/ew/cases/EWCOP/2023/67.html
In these personal welfare proceedings, the court was asked to primarily consider whether JC, an autistic adult, had the capacity to engage in sexual relations, and asked by the public bodies to authorise extensive restrictions in respect of their internet/social media use, residence and care. Kriti represented JC through their litigation friend, the Official Solicitor. JC was considered to be ‘highly sexualised’ and displaying ‘predatory’ behaviours. Kriti represented JC at contested hearings which included oral expert evidence and detailed legal submissions. The court considered the application of the ‘Re JB’ Supreme Court decision to this case, and whether the expert psychiatrist was correct to conclude that JC’s inability to understand non-verbal consent by a partner means that they lack the capacity to engage in sexual relations.
Re AR (2023-24)
Kriti represented AR, by her litigation friend, in these mixed personal welfare and property and financial affairs proceedings. AR, who suffered from severe cognitive impairment, was suspected to have been subject to controlling and exploitative behaviour by her partner. Kriti advised extensively on expert and lay evidence, and represented AR at several contested hearings where the court considered witness evidence and extensive legal submissions on a range of issues:
· whether AR had the capacity to consent to marriage;
· whether AR required a deputy to manage her property and financial affairs;
· whether AR had validly revoked previous LPAs and made new LPAs;
· whether AR had the capacity to engage in sexual relations;
· residence;
· financial exploitation;
· safeguarding arrangements
· costs.
Re A (2024)
Here a health authority brought personal welfare proceedings in respect of A, a severely disabled young adult with complex medical needs. Allegations of serious failings by the parents in A’s care, including fabricated or induced illness, were made by the various public bodies involved in these proceedings, with the court asked to decide whether it is in A’s best interests to be moved into residential care to manage her medical treatment, as well as to restrict contact with her parents. Kriti represented A’s parents at several contested hearings. Issues Kriti advised on included expert evidence, contact restrictions and disclosure.
Kriti has extensive inquest experience, regularly representing families, medical professionals and companies such as care homes in lengthy hearings and pre-inquest reviews. She has acted in multiple Article 2 and jury inquests, and in inquests involving multiple expert witnesses and complex issues of clinical decision-making. She regularly acts in cases where her involvement starts at the inquest and concludes with the successful settlement of damages in a civil claim, and in cases where she is also required to advise and represent medical professionals in professional disciplinary proceedings.
Notable inquests Kriti has acted in include:
Kriti undertakes a wide range of personal injury cases on behalf of both claimants and defendants. Her practice includes cases involving a range of injuries sustained in road traffic accidents, employers’ liability and public liability claims. She also regularly advises on cases involving civil procedural disputes, complex pain conditions, disputes over causation of injuries, and allegations of fundamental dishonesty.
She has a particular expertise in cases where there are issues of capacity arising under the Mental Capacity Act 2005, including cases where capacity may be fluctuating or borderline, requiring complex procedural consideration in terms of whether a claimant requires a litigation friend and approval of a settlement award.
Kriti regularly appears in court in a range of hearings on complex and high value multi-track cases, as well as advising in conference with experts from a range of disciplines and on settlement. Solicitors commend her attention to detail, her advocacy and ability to act under pressure, and her client care skills.
Recent and notable personal injury cases include:
Kriti’s professional disciplinary practice includes complex and lengthy tribunal hearings before the Nursing and Midwifery Council and the UK Council for Psychotherapy.
She regularly acts for both healthcare professionals and regulatory bodies in cases involving issues such as:
In addition to substantive hearings, Kriti is also instructed to represent clients at directions hearings/case conferences, interim and substantive order hearings. She regularly advises lay and professional clients on evidential issues, legal challenges to charges and/or admissibility of evidence, and expert evidence. She is developing a particular specialism in cases involving allegations of dishonesty, and has extensive experience of interacting sensitively with vulnerable witnesses and registrants, as well as handling expert medical evidence in cases raising issues of causation or health concerns.
Kriti also advises on cases involving Disclosure and Barring Services, and has experience of General Dental Council and Care Council For Wales proceedings.
Kriti is ranked as a Leading Junior in several areas in the Legal 500 UK Bar rankings, and is ranked by Chambers and Partners for clinical negligence.
Clinical Negligence – Ranked: Tier 1
– “A junior who demonstrates superb client care skills.” Legal 500 2025
Stephen Arnold
Practice Director - Civil
0117 930 9000
Click here to email
Chloe Amson
Assistant Practice Manager - Personal Injury, Clinical Negligence and Court of Protection (Health & Welfare)
0117 930 9000
Click here to email
Rob McDonald
Practice Manager - Employment & Discrimination, Costs & Litigation Funding
0117 930 9000
Click here to email
Kriti is a contributing author to the clinical negligence section of the Butterworths Personal Injury Litigation Service, alongside others from the Guildhall Chambers clinical negligence team.
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