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April 2026 Contents
 Welcome to the April 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 | |
 Know Your ABCs: Alphabet (UK) Ltd v AXA Insurance and Pre-action Costs - Georgina Pressdee, Temple Garden Chambers On 23 March 2026, Costs Judge Brown (sitting as a District Judge of the County Court) handed down his judgment in Alphabet (UK) Limited v AXA Insurance UK PLC [2026] EWHC 674 (SCCO). The Claim was for vehicle damages in the region of £12,000. However, the true subject of the proceedings (issued under Part 7) was costs. There were two issues to be determined: 1. Whether the proceedings were an abuse of process because there was no real argument as to the Claim for damages, which had already been paid. 2. Whether it was necessary for the Claimant to instruct solicitors within two months of the accident... |
 Smile, you're on camera! Surveillance footage and the perils of defendants sitting on their hands for too long - Michael Brooks Reid, Temple Garden Chambers Michael Brooks Reid comments on the recent High Court decision in Silverdale Tours (Nottingham) Ltd v Daniels [2026] 3 WLUK 160, in which the defendant was not permitted to rely on surveillance footage served late. The claimant suffered spinal and neck injuries in a road traffic accident. Liability was admitted by the defendant, but quantum remained in dispute. The case had reached joint statement phase, and the spinal, pain management and psychiatric experts agreed that the claimant had sustained significant injuries to his neck and lower back, that improvements were expected within a year, and that his injuries would not... |
 Mazur overturned in the Court of Appeal - Michael Brooks Reid, Temple Garden Chambers It is no exaggeration to say that the decision of Sheldon J in Mazur v Charles Russell Speechlys [2025] EWHC 2341 (KB) sent shockwaves throughout the legal profession. Fellow personal injury practitioners will have seen first-hand solicitors' responses over the past months, often in the form of annexes to briefs outlining the firm's strategic approach to Mazur and how to respond if Mazur is raised by an opponent. Many seemed to take the Ming Vase strategy, in almost an unspoken ceasefire agreement whilst awaiting the Court of Appeal's decision... |
 A Dishonest Mistake: Conscious Exaggeration and Fundamental Dishonesty in Uchechukwu Atuanya v Ministry of Defence - Georgina Pressdee, Temple Garden Chambers On 30 March 2026, Rory Dunlop KC, sitting as a Deputy High Court Judge, handed down his judgment in Uchechukwu Atuanya v Ministry of Defence [2026] EWHC 758 (KB). The sole issue for determination was whether the Claimant had been fundamentally dishonesty (FD) within the meaning of CPR r44.16(1). The Claim was for damages for a non-freezing cold injury (NFCI) and associated psychiatric issues sustained while serving in the Army. The Claimant had been medically discharged in 2013 after 14 years of service. The neurological experts agreed that the Claimant had a mild NFCI but that it would have had a negligible impact. However, there was also evidence that the Claimant suffered from... |
 Taking on the challenge: When the medical evidence is undermined - Natasha Patel, Solicitor, RTA, Express Solicitors Personal injury claims often hinge on one main factor: the medical evidence. A recent case involving a minor, is a useful reminder of how Courts approach causation - and how both parties should handle disputes over obtained expert evidence. The Claimant was a minor who brought a claim for damages following a road traffic accident. She was a rear seat passenger of a vehicle proceeding down a minor road, the vehicle was hit by another vehicle head on causing injuries to the Claimant. The vehicle she was travelling in was subsequently written off as a result of the accident... |
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March 2026 Contents
 Welcome to the March 2026 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 | |
 If at First you Don’t Succeed, Apply and Apply Again: Claimants Obtain Permission for Evidence Midway Through Trial - Georgina Pressdee, Temple Garden Chambers On 12 March 2026, Mr Justice Nicklin handed down his judgment in Baroness Lawrence of Clarendon v Associated Newspapers Ltd [2026] EWHC 556 (KB). There were two applications by the Claimants for him to consider: 1. An application, mid-trial and eight days after the conclusion of their evidence, to adduce and rely on 10 further documents as hearsay evidence. 2. An application for that same witness to give... |
 Supreme Court revives 'lost years' claims by young child claimants: CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 - Michael Brooks Reid, Temple Garden Chambers On 18 February 2026, the Supreme Court handed down a landmark judgment on the recoverability of 'lost years' damages by young child claimants. By a majority of four to one, the Court overruled the Court of Appeal’s decision in Croke v Wiseman [1982] 1 WLR 71 ('Croke'), which had barred such claims for nearly half a century. The claimant, CCC, suffered a severe hypoxic brain injury during her birth in 2015, resulting in severe spastic cerebral palsy. The defendant NHS Trust admitted clinical negligence. At trial before Ritchie J, the parties had agreed that CCC’s life expectancy was... |
 Smart Glasses in the Witness Box: a cautionary tale from UAB Business Enterprise and Anor v Oneta Limited and Ors [2026] EWHC 543 (Ch) - Michael Brooks Reid, Temple Garden Chambers Michael Brooks Reid discusses a recent judgment in the Chancery Court raising wider issues of integrity of the justice system in the modern technological age. The case concerned a dispute over ownership of a small English property company. The Claimants ('Cs') sought a declaration that they were the true owners; the Defendants ('Ds') asserted ownership based on various agreements, including one said to have been signed by the Second Claimant, Mr Jakstys ('C2'), at a meeting in rural Lithuania in May 2022. The case turned substantially on... |
 On the Right Track: High Court Rules on Pre-issue Settlements and CPR r46.13(3) - Georgina Pressdee, Temple Garden Chambers On 18 March 2025, Costs Judge Nagalingam handed down his Judgment in Smith v Wigan [2026] EWHC 660 (SCCO). The sole issue was whether the Costs Officer should have restricted the Claimant’s costs to those recoverable on the Small Claims Track pursuant to CPR 46.13(3). This required the Court to determine whether, had the Claim been issued, the matter would have been allocated to the Small Claims Track. The underlying Claim was a landlord and tenant dispute over repairs and associated... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 Short notes on the Obstetrics and Gynaecology Service - Dr Mark Burgin Dr Mark Burgin returns to his occasional series on clinical negligence cases and discusses how lawyers can approach problems in Obstetrics and Gynaecology. The high numbers of maternity services that are given low scores by the CQC indicates that the problems are more often systemic than individual. Obstetrics and Gynaecology Service managers and leaders have failed to turnaround the problem. From Morecambe Bay (2015), East Kent (2022), Shrewsbury and Telford review (Ockenden) and the ongoing National Maternity and Neonatal Investigation (Baroness Amos, 2026) the same problems and solutions have been proposed... |
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February 2026 Contents
 Welcome to the February 2026 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 | |
 High Court Refuses to Play Ball: Footballs, Fences and Foreseeability - Georgina Pressdee, Temple Garden Chambers This article examines the recent decision of the High Court to dismiss the Claimant's appeal in Adam Lillystone v Bradgate Education Partnership [2025] EWHC 3341. The Claimant had sustained an injury to his hand on the Defendant's premises - a football pitch surrounded by a 4.5m fence with a further 2-2.5m perimeter fence. After kicking a ball out of bounds, he climbed the locked perimeter gate to retrieve it and lacerated his hand on a metal burr at the top. He sought damages under the Occupiers' Liability Acts 1957 and 1984... |
 What compelling reason? Second limb of the summary judgment test CPR r. 24.3(b) - Michael Brooks Reid, Temple Garden Chambers Michael Brooks Reid discusses an appeal decision in an interesting employer's liability meets clinical negligence case of Michelle Prudence v Gloucestershire Hospitals NHS Foundation Trust [2026] EWHC 96 (KB). The two claimants were midwives at the Aveta Birth Unit in Cheltenham Hospital ("the Birth Unit"), a facility suitable only for low-risk births. The relevant guidelines required, on any unexplained vaginal bleeding, immediate transfer to the Gloucester Hospital ("the Hospital") for full obstetric consultant care. The relevant guidelines warned: "beware of blood-stained liquor" (blood in the amniotic fluid)... |
 Supreme Court revisits civil illegality in death by killing case - Michael Brooks Reid, Temple Garden Chambers Michael Brooks Reid discusses the recent Supreme Court case G4S Health Services (UK) Ltd v Lewis-Ranwell [2026] UKSC 2, in which the panel was asked to decide, in the absence of any direct authority, whether the doctrine of illegality prevented a claimant from recovering losses in respect of his killing of three elderly men, in circumstances where he had been found not guilty of murder by reason of insanity. The Claimant was diagnosed with schizophrenia and had previously been in psychiatric intensive care. On 8 and 9 February 2019, he was twice held in police custody, for suspected burglary and then for causing grievous bodily harm. He exhibited severe... |
 A Conflict of Schedules: Court of Appeal Rules on Failure to File a Costs Schedule - Georgina Pressdee, Temple Garden Chambers On 19 December 2025, Lord Justice Bean dismissed the Claimant's appeal in The King (on the application of Public and Commercial Services Union) v The Secretary of State for the Home Department [2025] EWCA Civ 175 in a unanimous judgment on behalf of the Court of Appeal. The judgment confirms that a failure to file a costs schedule does not preclude the successful party to an appeal from obtaining an order for costs... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 Superlawyer: Working with The Greats - Dr Mark Burgin Dr Mark Burgin explains how the best lawyers can empower experts to write better reports that address all the material issues. A common source of friction exists between the instructing solicitor and the medical expert regarding the nature of instructions. The expert may argue they are simply providing a medical report, while the solicitor insists the expert address broader legal or procedural issues. Without clear boundaries, the exchange can degenerate into lawyers offering medical opinions and experts attempting to explain the law... |
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January 2026 Contents
 Welcome to the January 2026 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 | |
 A Pain in the Neck: The Negative Consequences of the Whiplash Reforms - Georgina Pressdee, Temple Garden Chambers On 29 October 2025, the MoJ announced its post-implementation review of the Whiplash Reform Programme, including the increase in the small claims track (SCT) limit from £1,000 to £5,000 for road traffic accident (RTA) personal injury (PI) claims. This article outlines and comments on the Law Society's response. The thrust of the Law Society's response is that the reforms have had a negative impact on Claimants and PI practitioners without achieving their core aims. In particular, the reforms have failed to... |
 Driving a coach and horses: District Judge reins in unqualified advocates - Michael Brooks Reid, Temple Garden Chambers Michael Brooks Reid discusses the decision of District Judge Pratt ("the Judge") in Vehicle Control Services Ltd v Langley [2026] EWCC 1, which will be undoubtedly ruffling feathers at HQ of the well-known advocacy agencies. The case was a routine small claims trial over an unpaid parking charge. The only individual in Court who appeared for the Claimant was Mr Boaten, a "Solicitor's Agent" (which, as the Judge noted, is a misleading non-legislative term). In a familiar arrangement, the Claimant had... |
 Hire Education: Court of Appeal guidance on non-party costs orders against credit hire organisations - Michael Brooks Reid, Temple Garden Chambers Michael Brooks Reid comments on the recent Court of Appeal judgment in Tescher v Direct Accident Management Ltd [2025] EWCA Civ 733, a decision which may signify a change of landscape in the world of credit hire litigation. This judgment concerned two conjoined RTA claims. In each, an impecunious claimant had hired a replacement vehicle on credit, with payment deferred, in the usual way, until the conclusion of proceedings. The claims included both PI and credit hire elements. In Tescher, the claim was dismissed at trial; in AXA v Spectra, the claimant... |
 Court of Appeal Settles the Debate: Liability Only Part 36 Offers on the Fast Track - Georgina Pressdee, Temple Garden Chambers The Court of Appeal had handed down a unanimous judgment in Smithstone v Tranmoor Primary School [2026] EWCA Civ 13 providing clear guidance on when a liability only Part 36 offer will be effective on the fast track. The Claim was brought by a child who had suffered a minor injury when his fingers became trapped in a door. It originated in the Low Value Fixed Costs regime and was eventually allocated to the Fast Track following the Defendant's denial of liability and allegation of contributory negligence... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 The Importance of The Medical Records Review - Dr Mark Burgin Dr Mark Burgin discusses what medical experts mean by the words they use to describe their process of medical records review and how this impacts the legal case. Summarising over 5000 medical records over 30 years as a GP, medical expert and disability analysis has been a large part of my work life. During that time improvements in technology have impacted the quality and detail that is possible. Now even handwritten records in another language can be faithfully transcribed into a form the court can read with ease... |
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December 2025 Contents
 Welcome to the December 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 | |
 Flout the Rules and Find Out: The Unforgiving Nature of the DBA Regime - Georgina Pressdee, Temple Garden Chambers On 10 September 2025, Mr Justice Dexter Dias handed down his judgment in Reeves v Frain and McKinnon [2025] EWHC 2311 (KB), concerning the regulation of damage-based agreements (DBAs). The Issues - There were two issues in the appeal: 1. Whether, under Section 58AA of the Courts and Legal Services Act 1990 (the Act) and the Damages-Based Agreements Regulations 2013 (SI 2013/609) (the Regulations), payment is only permitted out of sums recovered from another party. 2. Whether Counsel's fees can be charged as expenses... |
 Causation proves fatal in tragic suicide case - Michael Brooks Reid, Temple Garden Chambers Michael Brooks Reid discusses the recent Court of Appeal decision in the clinical negligence case Zgonec-Rozej and Ors v Dr Stephen Pereira [2025] EWCA Civ 171. The judgment addresses interesting issues of causation and evidence of relevance to all personal injury practitioners. Facts: John Jones QC ('Mr Jones') was a patient of the defendant psychiatrist, Dr Stephen Pereira, at the Nightingale Hospital beginning in January 2016, suffering from severe anxiety and insomnia. Dr Pereira's working diagnosis was... |
 A hollow victory: Harassment proven but dishonest Claimant loses all - Michael Brooks Reid, Temple Garden Chambers Michael Brooks Reid discusses the recent High Court decision in Taiwo v Homelets of Bath Ltd [2025] EWHC 3173 (KB), in which the whole claim, including statutory damages for harassment, was dismissed following a finding of fundamental dishonesty. Facts: The Claimant brought proceedings arising out of her treatment by the Defendant landlord and its agents during an attempted eviction in 2010. At a liability only trial in 2018, it was found that the Claimant had been subjected to harassment contrary to the Protection from Harassment Act 1997 and had been... |
 Commitment Issues: The Court of Appeal Separates Committal from Contempt - Georgina Pressdee, Temple Garden Chambers On 11 November 2025, the Court of Appeal handed down its Judgment in Buzzard-Quashie v Chief Constable of Northamptonshire Police [2025] EWCA Civ 1397 which reiterates and reaffirms several key principles in the law of civil contempt. Background: The Appellant (A) had been arrested and taken into custody but the charges against her were quickly dropped. She alleged that she was assaulted by the arresting officers and complained about this via telephone shortly after the arrest. She requested all the footage recorded on the officer's body worn cameras (BWV) and asked for it to be... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 Why Trust is the Missing Piece of Healthcare - Dr Mark Burgin Dr Mark Burgin uses his personal experience to explain why trust is the best predictor of excellent healthcare outcomes. When I was a child I met a doctor who influenced my life, he stood at the end of my bed in the children's ward in a suit with white coated doctors around him. Looking back now it is difficult to know what had the biggest impact on my 4-year-old mind. Was it his voice which was deep and comforting, or his charisma which was certainly impressive?... |
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![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)
