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May 2025 Contents

Welcome to the May 2025 issue of PI Brief Update Law Journal. Click the relevant links below to read the articles.

CPD

Note that there are no new monthly CPD quizzes since the SRA and the BSB have both updated their CPD schemes to eliminate this requirement. Reading PIBULJ articles can still help to meet your CPD needs. For further details see our CPD Information page.

 

Personal Injury Articles
Claimant fruit picker's employer found negligent but not the third party driver who drove into collision with him - Andrew Ratomski, Temple Garden Chambers
Radoslav Pashamov v (1) Leon Taylor and (2) Edward Vinson Limited [2025] EWHC 1035 (KB). Simon Tinkler sitting as a Deputy High Court Judge recently handed down judgment on liability in a claim for personal injury brought against a third party driver and the Claimant's employer. Both the accident circumstances and the treatment of primary liability and contributory negligence were relatively novel...
Doroudvash v Zurich Insurance Plc [2025] EWCC 10 - Philip Matthews, Temple Garden Chambers
In Doroudvash, the Court determined a claimant's application to join an additional defendant into an action after the expiry of the primary limitation period. Two police constables - PC Sehmi and PC Doroudvash - were responding to an emergency call. PC Sehmi was driving; PC Doroudvash was his passenger. The police car was travelling at 87mph in a 30mph zone when it came into collision with a third-party vehicle driven by a Mr Tarnowski. Both he and PC Doroudvash sustained personal injury. PC Sehlmi was...
Glaister & Anor, R (on the application of) v Assistant Coroner for North Wales [2025] EWHC 1018 (Admin) - Philip Matthews, Temple Garden Chambers
In Glaister, the Court had sent out a draft judgment in a judicial review case relating to a coroner's decision. Specifically, this was circulated in the form of a 'confidential embargoed draft judgment' (CEDJ). However, it became clear that journalists had knowledge of the decision and also a copy of the draft judgment itself. The Court enquired as to how this came about, and found that this was due to the actions of someone in the marketing department of one of the solicitors firms involved, namely...
Costs budgeting can be retrospective: BDW Trading Limited v Ardmore Construction Limited [2025] EWHC 1063 (TCC) - Andrew Ratomski, Temple Garden Chambers
Andrew Mitchell KC sitting as a Deputy Judge of the High Court was required to decide whether the court had the power to make a costs management order retrospectively and to consider the reasonableness of budgets filed almost a year prior at a Costs and Case Management Conference ('CCMC') held in June 2024. A number of issues were determined at the first CCMC but it appears that remaining disagreement as to costs issues was not brought to the attention of the judge at that hearing and neither were...
Clinical Negligence Medicine by Dr Mark Burgin
Why Medical Diagnosis Is a Dead End for AI Doctors - Dr Mark Burgin
Dr Mark Burgin explains how generative AI models will change the way that medical information is used to help patients. The biomedical (medical) model has been dominant for 2000 years. The way that medical students are trained still follows the basic structures of Hippocrates. Diagnoses are linked with scientific explanations which predict the effectiveness of treatment. The prediction or prognosis has allowed doctors to offer timely interventions...
How Consent Can Fail - Dr Mark Burgin
Dr Mark Burgin explains the common reasons why the consent process goes wrong and offers a surprising solution. Consent flows from a meeting of minds between the patient and doctor. In a busy health system where only what is measured has value there is a risk that minds may not meet. Traditional communication has increasingly been replaced with modern check lists. Note-taking has become data input and the human touch fades...

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