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August 2025 Contents
 Welcome to the August 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.
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| Personal Injury Articles | |
 DHV v Motor Insurers' Bureau [2025] EWHC 2038 (KB) - Philip Matthews, Temple Garden Chambers On 1 August 2025, Mr Justice Dias delivered judgment in a dispute between DHV, a protected party, and the Motor Insurers' Bureau (MIB) over the payment of penalty interest under Spanish law. The issue arose from a serious road traffic accident in Mallorca in July 2017, in which DHV, a British national, sustained catastrophic injuries after being struck by an uninsured vehicle while crossing a road. Under reciprocal arrangements between the UK and Spain, the MIB stood in the position of Spain's... |
 A Cautionary Read: Poor Pleadings, Non-compliance and the Automatic Disapplication of QOCS - George Pressdee, Temple Garden Chambers Read v North Middlesex Hospital Trust [2025] EWHC 1603 (KB). On 5 August 2025, Master Thornett handed down judgment in Read v North Middlesex Hospital Trust [2025] EWHC 1603 (KB), a clinical negligence claim arising from two A&E attendances in late 2016. The decision addresses the strict pleading requirements for such claims and the scope of automatic QOCS disapplication under CPR r44.15. The issues for the High Court to determine were: 1. Whether the Claimant had complied with... |
 Silence Speaks Volumes: Inferences from a Missing Witness - Michael Brooks Reid, Temple Garden Chambers HQA (by her husband and litigation friend, HQK) v Newcastle-upon-Tyne Hospitals NHS Foundation Trust [2025] EWHC 2121 (KB). The Claimant, who was born with congenital heart issues, was 25 when she underwent elective open-heart surgery requiring a re-do sternotomy [cutting through the sternum which had been cut through previously]. In the course of the re-do sternotomy, the lead surgeon, Mr N, unintentionally cut the wall of the Claimant's aorta, causing catastrophic haemorrhaging. It took around 24 minutes... |
 QOCS in mixed claims: Sex, lies and a £100,000 costs bill - Michael Brooks Reid, Temple Garden Chambers In Samrai and Ors v Rajunder Kalia [2024] EWHC 3143 (KB), seven claimants brought claims against the defendant, a religious leader, alleging to have been financially and sexually exploited by him. Four of the claims included claims for both personal injury ('PI') and non-PI losses (i.e. 'mixed claims'). Each of the claims was either dismissed or struck out. The Defendant's costs bill had run to some £2 million and the matter came back to the Judge ([2025] EWHC 1449 (KB)) to deal with... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 Optimisation for Lawyers - Dr Mark Burgin Dr Mark Burgin is a low cost general expert with an interest in improving legal systems so cases are resolved more efficiently in speed, quality and cost. Legal cases are complex and there are many pressures on the lawyer. The lawyer must make choices in the case but it is often unclear which are the right choices. Learning to keep all the balls in the air at the same time can feel like an art. But is there a better way of understanding how to find the optimal approaches?... |
 Terminal Illness: Rights of the Dying - Dr Mark Burgin Dr Mark Burgin considers the ethics of whether those with terminal illness should have greater freedom to make decisions in hospitals. The courts are increasingly being used to prevent dying patients from leaving hospital. The reasons given are often that the person who is dying does not have capacity. In other cases this argument does not apply and it is difficult to understand the reasoning. When contrasted with cases where treatments are withdrawn to allow people to die this approach appears to be paradoxical... |
July 2025 Contents
 Welcome to the July 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.
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| Personal Injury Articles | |
 Rashpal Samrai and Others v Rajinder Kalia and Others [2025] EWHC 1449 (KB) - Andrew Ratomski, Temple Garden Chambers This judgment concerned a number of consequential costs matters following the handing down of judgment in the main claim where the Defendant was the successful party. Martin Spencer J had to consider in particular the mixed claim exception to the Qualified One Way Costs Shifting ('QOCs') protection afforded to personal injury claimants in a relatively novel set of claims. In the background was also an application for wasted costs issued against the Claimant's solicitors and counsel resulting in those... |
 Benjamin Hetherington v Raymond Fell & Anor [2025] EWHC 1487 (KB) - Philip Matthews, Temple Garden Chambers In the case of Hetherington v Fell, the High Court dealt with a serious accident involving a cyclist, who was injured during a time trial event organized by the Ferryhill Wheelers Cycling Club. The accident occurred when the Claimant collided with a Mercedes driven by the Defendant, when the latter attempted to turn onto Butterwick Road from the A698 dual carriageway. The Claimant alleged negligence against the Defendant, who denied liability. The Defendant subsequently brought a Part 20... |
 Caroline Robinson v. Air Compressors & Tool Limited & Ors [2025] EWHC 1469 (KB) - Philip Matthews, Temple Garden Chambers Robinson considered whether to make a wasted costs order against a Claimant who had unsuccessfully brought proceedings against three different defendants. The Claimant (as administratrix of the Deceased's estate) brought a fatal accident claim against three Defendants - i) Air Compressors & Tool Limited, ii) Lansing Bagnall Limited, and iii) Lansing Linde Limited - alleging asbestos exposure during the Deceased's employment at a specific manufacturing site. The Defendants contested the validity of the... |
 Tom Clark v Omar Elbana [2025] EWCA Civ 776 - Andrew Ratomski, Temple Garden Chambers This sports negligence claim arises from a collision between the Defendant, and now Appellant, and the Claimant during an amateur rugby match. The Claimant suffered a serious spinal injury. Causation was conceded but the issue of breach of duty went to trial. Permission to appeal was granted concerning the test to be applied to the Appellant's alleged recklessness, adequacy of reasons, the relevant legal test when determining breach of duty in a sporting context and in regards the judge's conclusions that... |
 How late is too late? Leadingway Consultants v Ayoub Saab & Anor [2025] EWCA Civ 582 - Andrew Cousins, 7 Harrington Street Chambers Often in applications for setting aside default judgment and relief from sanctions the court has to consider the question of promptness in the making of the application. In Leadingway Consultants v Ayoub Saab & Anor [2025] EWCA Civ 582 the Court of Appeal was recently faced with a case concerning such applications from two Defendants. The case arose from alleged breach of an agreement concerning the liquidation of a company in Bermuda... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Barriers to Access to Justice for Disabled People - Dr Mark Burgin Dr Mark Burgin is a disability analyst and explains why disabled people are disproportionately at risk of poor outcomes in legal cases. There are serious issues in law such as overly complex legal processes and I would recommend a simple three part process. This would work as well with a family law, criminal law or civil law cases and is likely to be as effective as more complex systems... |
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June 2025 Contents
 Welcome to the June 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.
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| Personal Injury Articles | |
 R (Ayinde) v London Borough of Haringey and Al-Haroun v Qatar National Bank QPSC and Another [2025] EWHC 1383 (Admin) - Andrew Ratomski, Temple Garden Chambers The Divisional Court's judgment in these joined contempt cases following a Hamid hearing heard on 23 May 2025 has received wide-spread attention in both the legal press and national media. I want to highlight the unequivocal guidance that the Divisional Court has given as to the use of artificial intelligence by legal professionals and the salutary reminder of the regulatory responsibilities surrounding the use of emerging technologies. |
 JD Wetherspoon Plc v Burger & Risk Solutions BG Ltd [2025] EWHC 1259 (KB) - Philip Matthews, Temple Garden Chambers The Claimant sustained a serious hip injury after being forcefully restrained by two door supervisors outside a JD Wetherspoon (JDW) pub in August 2018. The supervisors were employed by Risk Solutions BG Ltd., which was contracted by JDW to provide security services. The Claimant initially sued both JDW and Risk Solutions for personal injury. However, Risk Solutions failed to participate in the proceedings, and so the case proceeded against JDW alone... |
 Mark Edwards & Ors v 2 Sisters Food Group Limited [2025] EWHC 1312 (KB) - Philip Matthews, Temple Garden Chambers The case concerns an appeal by four former employees of 2 Sisters Food Group Ltd, who alleged that they contracted Covid-19 due to workplace safety failures in June 2020. The Respondent employer sought and obtained summary judgment in its favour, arguing the Claimants had no realistic prospects of success. At the initial hearing, the County Court Judge (HHJ Owens) ruled that the Claimants would not be able to establish a causal link between... |
 David Richardson & Ors v Slater & Gordon UK Limited [2025] EWHC 1220 (SCCO) - Andrew Ratomski, Temple Garden Chambers This judgment concerned a group of 224 claims against solicitors, the Defendant, from which ten test claimants were identified. Senior Costs Judge Rowley was asked to determine nine preliminary issues in respect of conditional fee agreements entered into with the Defendant and the information provided orally and in writing when those agreements were entered into... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 Criminal Case Review - Dr Mark Burgin Dr Mark Burgin considers how a criminal case should be reviewed to fairly consider if there is material evidence that has not been considered. Any criminal justice system will inevitably put some innocent people in prison. This is not a society problem as long as there is a prompt system of Criminal Case Review to identify those wrongly imprisoned and fairly reconsider their cases. The greater the delay and less efficient the system of Criminal Case Review the more injustice will occur... |
 Safe Use of AI in Legal Proceedings - Dr Mark Burgin Dr Mark Burgin uses Gemini LLM to consider a recent paper considering AI and the UK Judiciary from the point of view of a medical expert with wide experience in AI. Artificial Intelligence (AI) in the legal field has been generally welcomed but Judges have raised concerns. There are a number of reports of lawyers having been caught out citing non existent cases. This suggests that AI use in law is already widespread and largely unregulated either by legal firms or through formal guidance. The judges in this paper have a unique viewpoint and their work is a key step to safe AI use... |
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.
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| 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... |
April 2025 Contents
 Welcome to the April 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.
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| Personal Injury Articles | |
 Multi Track allocation remains decisive to the disapplication of the Fixed Costs rules - Andrew Ratomski, Temple Garden Chambers This claim arose from unremarkable circumstances: a claim for personal injury consisting of what at first appeared to whiplash injuries arising from a road traffic accident on 9 March 2018. The issue which the High Court grappled with, on appeal from the County Court at Southend, was whether the Claimant who had accepted a valid Part 36 offer was entitled only to fixed costs or costs on the standard basis up to the point of expiry of the relevant Part 36 offer?... |
 Wagatha Costie - Philip Matthews, Temple Garden Chambers The judgment in Rebekah Vardy v Coleen Rooney [2025] EWHC 851 (KB) arose from an appeal concerning the costs associated with the highly publicised defamation proceedings between Rebekah Vardy (Claimant / Appellant) and Coleen Rooney (Defendant / Respondent). The Claimant's original claim was unsuccessful, resulting in an order for her to pay 90% of the Defendant's costs on an indemnity basis. The appeal focused on whether the trial judge, Steyn J, erred in declining to find that the Defendant or her solicitors acted improperly or unreasonably as per CPR 44.11(1)(b).... |
 Nigel Mather & Ors v Lakbir Basran & Ors [2025] EWHC 438 (Ch) HHJ - Philip Matthews, Temple Garden Chambers In Mather v Basran, the High Court addressed several issues surrounding an adjournment request made by the Defendant, Mr Rattan, on medical grounds during a trial involving allegations of fraudulent misrepresentation. The trial commenced on February 10, 2025, and Mr. Rattan, who was appearing as a litigant in person, reported suffering from Bell's Palsy, a condition that caused facial weakness... |
 The 'Relevant Period' in a Part 36 offers means what you think it does - Andrew Ratomski, Temple Garden Chambers This case is an illuminating decision on the construction of alleged defects in a party's Part 36 offer in relation to timing. The underlying claim concerned a claim by a litigation funder, the Claimant, for a breach of confidence against the First and Fourth Defendants. The Claimant was awarded damages in the sum of a little over £2 million after an eight day trial. A number of consequential issues then arose including the validity of the Claimant's Part 36 offer and were it were found valid, whether the judge should award the usual Part 36 consequences... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 What Every Claimant Should Know - Dr Mark Burgin Dr Mark Burgin explains the very high standards that are now expected of a claimant following the case Boyd v Hughes [2025] EWHC 435 (KB). 1. Provide Full and Accurate Disclosure: It is a high standard to expect a layperson to ensure "every detail" is correct but claimants should make a genuine effort to be truthful and complete... |
 Disability or Diagnosis? - Dr Mark Burgin Dr Mark Burgin considers the implications of a recent case where the judge found that the precise diagnosis was less important than the disability. Finegan v McDonald [2025] NIKB 14 is a Road Traffic Accident case where the psychiatric experts were in disagreement. Both indicated that there were mental health problems that were moderately severe but disagreed with the diagnosis. One expert stated that there was PTSD the other stated that there was an adjustment reaction... |
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
