Kriti Upadhyay

Call 2011

'Kriti has great attention to detail and a solid understanding of the law which she applies effectively. She is a fantastic advocate in and out of court. Her interpersonal skills are second to none – she highly professional and empathetic'

For enquiries please contact

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 has great attention to detail and a solid understanding of the law which she applies effectively. She is a fantastic advocate in and out of court. Her interpersonal skills are second to none – she highly professional and empathetic'


Legal 500

"Kriti's written work is impressive."


Chambers & Partners 2025

‘Kriti has excellent attention to detail and her advice is thorough and well considered. She is organised, extremely friendly and approachable. A fantastic barrister.’


Legal 500 UK 2023

"Kriti has an excellent strategic brain. She is extremely reliable and detail-orientated."


Legal 500 2022

"Reassuring, calm and eloquent and able to decipher complex cases to ensure clients understand all merits and risks to their case. She delivers advice with compassion."


Legal 500 2022

"Kriti leaves no stone unturned. She is very knowledgeable, precise, and provides advice in a timely manner."


Legal 500 2022

"A confident and articulate advocate who is persuasive and pragmatic in her application of the law."


Legal 500 2021

  • BPTC, Kaplan Law School, London
  • LLM (Distinction), Medical Law, King’s College London
  • BA (Hons), Jurisprudence, Merton College, University of Oxford

  • Court of Protection Practitioners Association
  • Personal Injury Bar Association
  • Western Circuit
  • AvMA
  • Court of Protection Bar Association

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.

Expertise

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:

  • Consent issues and unnecessary/inappropriate treatment: Kriti has a particular interest and expertise in cases involving concerns of whether consent has been appropriately obtained in respect of medical or surgical treatment offered to the patient, Montgomery issues, and allegations of treatment being carried out where it was medically unnecessary or inappropriate.
  • Obstetrics and gynaecology: Erb’s Palsy; delayed diagnosis and management of endometrioma leading to infertility; management of complex perineal tears; delayed diagnosis and management of ectopic pregnancy; delayed diagnosis of complications leading to stillbirth; negligent placement of contraceptive implants.
  • Oncology: delayed diagnosis of malignant melanoma; delayed diagnosis of metastatic breast cancer; urinary injury sustained following radiotherapy and brachytherapy treatment for cervical cancer.
  • Ophthalmology: delayed diagnosis of glaucoma leading to vision loss.
  • Orthopaedic and spinal surgery: delayed diagnosis and management of foot drop; management of symptoms by way of revision discectomy; delayed diagnosis and treatment of shoulder dislocation; nerve damage sustained during carpal tunnel release surgery.
  • Psychiatric injury and treatment: pre-existing vulnerabilities; Somatic Symptom Disorder; PTSD or adjustment disorders following negligent surgical or medical treatment. Due to her academic background and other areas of practice, Kriti has a particular interest and expertise in cases involving capacity issues, issues arising from assessment and treatment under the Mental Health Act 1983, and cases that involve treatment for physical health conditions to patients detained under the MHA 1983.
  • Urology: delayed diagnosis of chronic urinary retention; injury to ureter in the course of routine surgery.

    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.

Featured Court of Protection cases


Swansea Bay University Health Board v (1) P (by his litigation friend AB) (2) C (3) V (4) Swansea City Council [2024] EWCOP 22; [2023] EWCOP 67

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


JC (By their litigation friend, the Official Solicitor) v (1) Cornwall Council (2) NHS Cornwall and Isles of Scilly Integrated Care Board (3) Cornwall Partnership NHS Foundation Trust [2024] EWCOP 75

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:

  • Acting for the family in an Article 2 jury inquest into the death of a 43-year-old schizophrenic man who had been detained under the Mental Health Act 1983 and suffered unusual symptoms from anti-psychotic medication. Kriti subsequently also advised the family in their Fatal Accidents Act claim against the defendant trust, including advising extensively on expert evidence, liability, quantum and apportionment of damages as between dependents. The claim successfully settled for £195,000.
  • Representing the family at a 2-week jury inquest which arose out of an accident at work involving a lorry mounted crane. The Coroner was persuaded to make a PFD report to the Secretary of State for Transport to increase awareness of the incident throughout the industry, and to ask for action to be taken to disseminate learning and reduce the risks present in older vehicles.
  • Representing a medical professional in a 3-week long complex Article 2 jury inquest arising from a death in prison, where Kriti’s client had been involved in the care of the prisoner in the hours before his death.
  • Acting for the family at an inquest into the death of their elderly mother due to a bowel obstruction and delays in diagnosis and treatment.
  • Representing a medical professional in an inquest into the death of a patient overnight on a respiratory ward in hospital, with concerns over whether a deterioration in the patient’s condition had been appropriately monitored and escalated by Kriti’s client.
  • Acting for a care home in an inquest into the death of a resident.

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:

  • Acting for the claimant in an employers’ liability claim for occupational asthma and related losses, where both liability and quantum are in dispute. Kriti has advised on a range of matters including limitation, expert evidence, liability, quantum and settlement.
  • Representing the defendant in a multi-track claim arising from a road traffic accident, in which the claimant sustained a serious crush injury to his foot. Issues that Kriti advised upon included the causation and apportionment of the claimant’s injuries between the index and previous accidents; discrepancies between the claimant’s extensive DWP and other records and his witness evidence; and the need for future surgery. Kriti advised extensively on the expert evidence from a number of experts, including questions to be put to the defendants’ orthopaedic expert. Kriti represented the defendants at a number of hearings, including application hearings in which she successfully resisted some of the claimant’s applications for further expert evidence. Kriti successfully negotiated settlement on behalf of the defendants at a joint settlement meeting a few weeks before a listed multi-track trial.
  • Acting for the claimant in an employers’ liability claim where the claimant’s complex injuries and symptoms include orthopaedic, dental, maxillofacial and chronic pain.
  • Acting for one of two defendants in an occupiers’ liability claim where Kriti has advised on the potential contractual and tortious liability of the other defendant, the apportionment of liability as between defendants, contributory negligence, other aspects of liability and quantum.
  • Representing the defendant in long-running proceedings arising from a road traffic accident, where the claimant was a litigant-in-person, with parallel Court of Protection proceedings and concerns over whether the claimant had the capacity to conduct personal injury litigation and/or to manage his finances. Kriti advised on expert evidence, quantum and procedure, and successfully represented the defendant at a number of contested directions hearings and at a JSM where the claimant was represented by direct access counsel.

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:

  • Clinical concerns and medication errors;
  • Dishonesty, including allegations of falsifying records or misleading an employer;
  • Serious failings at care homes reported by the CQC and allegations of patient neglect;
  • Inappropriate relationships with patients/clients;
  • Midwifery issues;
  • Health concerns on the part of the professional, such as alcohol or other substance misuse;
  • Fraudulent or incorrect entry to the regulator’s register.

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

For enquiries please contact

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 has great attention to detail and a solid understanding of the law which she applies effectively. She is a fantastic advocate in and out of court. Her interpersonal skills are second to none – she highly professional and empathetic'


Legal 500

"Kriti's written work is impressive."


Chambers & Partners 2025

‘Kriti has excellent attention to detail and her advice is thorough and well considered. She is organised, extremely friendly and approachable. A fantastic barrister.’


Legal 500 UK 2023

"Kriti has an excellent strategic brain. She is extremely reliable and detail-orientated."


Legal 500 2022

"Reassuring, calm and eloquent and able to decipher complex cases to ensure clients understand all merits and risks to their case. She delivers advice with compassion."


Legal 500 2022

"Kriti leaves no stone unturned. She is very knowledgeable, precise, and provides advice in a timely manner."


Legal 500 2022

"A confident and articulate advocate who is persuasive and pragmatic in her application of the law."


Legal 500 2021

  • BPTC, Kaplan Law School, London
  • LLM (Distinction), Medical Law, King’s College London
  • BA (Hons), Jurisprudence, Merton College, University of Oxford

  • Court of Protection Practitioners Association
  • Personal Injury Bar Association
  • Western Circuit
  • AvMA
  • Court of Protection Bar Association

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.

For help, please complete the form below.

A member of the clerking team will help you resolve your request.

This field is for validation purposes and should be left unchanged.
Name(Required)

Frequently asked questions

Menu

Close

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)