Mussadak Mirza

Year of Call:
2004
Practice areas
  • Personal Injury
  • Industrial Disease
  • Military Litigation
  • Insurance - including Fraud and Fundamental Dishonesty
  • Costs



Profile

Profile

Mussadak is a highly respected and established barrister. He has been described as a "calm, measured and persuasive courtroom advocate" as well as being "thoroughly effective in achieving pragmatic, commercial resolutions to disputes”. With document heavy cases, he is said to be “never flustered; carries confidence and presence.”

He appears in high-end fast-track, intermediate and multi-track civil litigation in County Courts throughout England & Wales. His practice is split between Claimant and Defendant work. He has considerable experience in complex liability disputes, factual disputes and causation issues.

He frequently appears in alternative forms of dispute resolutions, including round-table negotiations and joint-settlement meetings (JSMs) as well as advising on settlement in writing and in conference. His “strategic and tactical approach regularly produces excellent settlements”.

 

Industrial Disease

Mussadak has a wealth of experience in industrial disease and specifically in noise induced hearing loss (NIHL). He has acted extensively in cases involving the steel, rail, coal mining and ship-building industries. He is proficient in interpreting audiometry, the application of the CLB 2000 guidelines and the LCB 2016 quantification guidelines, diagnosable hearing loss on medical evidence, issues of asymmetry, greater than expected hearing loss in lower frequencies, issues of de minimis, date of knowledge for the purposes of the Limitation Act and Section 33 discretion. His trials frequently include cross-examination of experts in various disputed areas, where a deep knowledge of the subject matter is vital.


Military Litigation

A large part of Mussadak’s practice is dedicated to military claims, where he is nationally recognised. He is regularly instructed in cases brought by injured military personnel (including those from the British Army, Royal Navy, Royal Air Force and Royal Marines Commandos) involving the Ministry of Defence (MOD). He has a particular specialism in Military Noise Induced Hearing Loss (M-NIHL). He understands the Overseas Operations (Service Personnel and Veterans) Act 2021. He is familiar with what constitutes “overseas operations”, the principle of combat immunity and causation in light of Professor Moore’s new diagnostic criteria on M-NIHL.

 

Personal Injury

Mussadak has considerable experience in personal injury litigation, civil fraud (including fundamental dishonesty (FD)), low-velocity impact (LVI) cases and high-value credit hire claims. He is frequently instructed by major Defendant insurers and panel solicitors in the assessment of damages. He has a keen interest in insurance contracts and has advised insurers and policyholders in coverage and indemnity disputes. He is also routinely instructed in complex JSMs.


Cost Litigation

Mussadak deals with a full range of cost disputes, including detailed assessment of costs, fixed costs disputes, solicitor own client disputes, and wasted or non-party cost orders. He is frequently instructed on cost management in CCMCs. He also appears in high-end cost litigation involving claims for costs in excess of £1M in the Senior Courts Costs Office of the Royal Courts of Justice in London.

 

UAE Practice

Mussadak also has a developing practice in the UAE. He is a registered volunteer lawyer providing advice on legal issues that arise within the Abu Dhabi Global Market (ADGM) Courts' jurisdiction, particularly the ADGM Employment Regulations 2019. He is also a registered volunteer lawyer providing advice on legal issues that arise within the Dubai International Financial Centre (DIFC) Courts' jurisdiction, particularly the Real Property Law (DIFC Law No. 10 of 2018) and the Leasing Law (DIFC Law No. 1 of 2020). He has completed various courses with the Chartered Institute of Arbitrators, London and holds CIArb Certificates in International Arbitration, Arbitration Award Writing, Brand Protection in Times of Disputes and Principles of Project Management Applied to Arbitration. He is due to commence the accelerated route to Fellowship programme to achieving FCIArb status, with a view to offering advocacy in arbitral proceedings.


Away from Chambers

As well as his busy legal practice at the Bar, Mussadak has an active role in public life. He has served in the following political and charitable capacities:

  • Councillor, Bowdon Ward, Trafford Council (2021 to 2023).

  • Shadow Executive Member with portfolio of Economy & Regeneration (2021 to 2023).

  • Member, Scrutiny Committee for Corporate Issues & Reform, Scrutiny Committee for Economy, Business Growth & Skills, and Scrutiny Committee for Housing, Planning & Environment, Greater Manchester Combined Authority (GMCA) (2021 to 2023).

  • Assistant to Sir Graham Brady MP at constituency advice surgeries (2021 to 2023).

  • Approved Parliamentary Candidate for the 2024 General Election.

  • Parliamentary Candidate in the 2019 General Election (stood for election in the Stretford & Urmston constituency).

  • Former Chair, Conservative Policy Forum (A&SW CPF) (2019 to 2021).

  • Committee Member, Altrincham Interfaith Group (AIG).

  • Founding Member of Abraham’s Tent (in association with Bowdon Synagogue).

  • Voluntary Legal Counsel, British Muslim Heritage Centre (BMHC) (a registered charity).

  • Former Trustee, Altrincham & Hale Muslim Association (AHMA) (a registered faith-based charity) (2017 to 2020).


Notable Cases


Abbot & 3,449 Others v Ministry of Defence

Instructed as sole Counsel in numerous pending claims relating to military deafness litigation. Appeared alongside leading Counsel, including Harry Steinberg KC in the lead case before Master Davison in the King’s Bench Division of the High Court, sitting at the Royal Courts of Justice in London, who considered procedural guidance and case management for the future conduct of such claims in light of the Overseas Operations (Service Personnel and Veterans) Act 2021.

Storar v Rotherham Forge & Rolling Mills and 5 Others

Instructed as sole Counsel on behalf of Claimant in a complex NIHL claim against 6 separate Defendants who were all individually represented by separate Counsel at a contested trial featuring a number of areas of dispute including FD, limitation, date of knowledge, diagnosable hearing loss on medical evidence, historic occupational audiometry. The costs of this litigation exceeded £250k.

Oppal v PZU & Others

Instructed at a very early stage in a multi-party fatal road traffic accident claim in which the various claims were pleaded at around £1M. Represented the interests of the Estate of one of the Deceased. Drafted pleadings, schedule, reply and advised in conference. Appeared at three CCMC hearings and successfully settled the claim at the second JSM.

Hobson v Keevil

Represented the Defendant at a lengthy CCMC in a high value claim. Appeared against Simon Kilvington QC. The Claimant’s cost budget was pleaded at over £350,000. A substantial reduction from the Claimant’s budget was obtained.

Harvey v Evans

Represented the Claimant at a complicated CCMC in a high-value claim involving a secondary victim in which Darryl Allen QC had been instructed. The Claimant’s cost budget was pleaded at over £250,000.

Pervaze v Ryan

Instructed on behalf of the Claimant in a road traffic accident, which caused unusual intestinal injuries requiring the repositioning of a colostomy-bag. Drafted pleadings, schedule and appeared at the CCMC hearing at which the Claimant’s cost budget was approved at over £98,000. After advising in conference, claim successfully settled in excess of £100,000.

Taj v Tanvir

Advised the Claimant in an urgent and lengthy conference. Very serious road traffic accident. Internal injuries to several organs. Several medical reports and a detailed care report. Claim potentially worth over £250,000, but the prognosis was good. The defendant made a pre-litigation "time-bomb" offer of £100,000 with a tight time frame. Risk of under-settlement. Advised Claimant to reject offer. Claim subsequently settled for £150,000 net of interims.

Noor v Fieldhouse

Instructed on behalf of Defendant’s insurers. Advised in conference prior to exchange of statements. Credibility and exaggeration issues. Trial before HHJ Main QC. Claim discontinued following conclusion of Claimant’s cross examination. Claimant agreed for QOCS to be dis-applied and to pay Defendant’s costs without there being a finding of fundamental dishonesty.


Membership
  • Personal Injuries Bar Association (PIBA)

  • Professional Negligence Bar Association (PNBA)

  • The Honourable Society of the Middle Temple

  • The National Trust

  • English Heritage

  • The Royal Horticultural Society (RHS)

  • Conservative Middle East Council (C-MEC)

  • The British Omani Society (BOS)

Qualifications
  • Certificate in International Arbitration - CIArb (July 2022)

  • Bar Vocational Course - Inns of Court School of Law (2003-2004)

  • MSc – Lady Margaret Hall, University of Oxford (2002-2003)

  • BA (Hons.) (Law & Politics), University of Manchester (1999-2002)




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