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November 2025 Contents
 Welcome to the Novmeber 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 | |
 A Matter of Construction: Home Extensions under the Criminal Injuries Compensation Scheme - Georgina Pressdee, Temple Garden Chambers On 12 September 2025, the Court of Appeal handed down its unanimous decision in Stephenson v First-Tier Tribunal (Social Entitlement Chamber) v Criminal Injuries Compensation Authority [2025] EWCA Civ 1160. The lead Judgment from Dingemans LJ clarifies the construction of paragraph 42(b) of the 2001 Criminal Injuries Compensation Scheme and comments on the recoverability of home extensions more generally. Paragraph 42 makes provision for additional compensation to qualifying Claimants who were dependent on the deceased for... |
 A Question of Fact: Factual findings and evaluation of evidence in the High Court - Michael Brooks Reid, Temple Garden Chambers Michael Brooks Reid discusses the High Court's approach to evaluation of evidence in the clinical negligence case Deakin-Stephenson v Behar & Chelsea and Westminster Hospital NHS Foundation Trust [2024] EWHC 2338 (KB). The Claimant, DS, was admitted to hospital in November 2016 with diverticulitis and a localised perforation. Following what she alleged to be negligent treatment, the Claimant required a permanent stoma. The central disputes at trial concerned what had been said and done at the time--particularly whether DS and her family had requested referral to a colorectal surgeon and what advice was given about... |
 Throwing good money after bad? A warning on wasted costs - Michael Brooks Reid, Temple Garden Chambers Michael Brooks Reid comments on the Employment Appeal Tribunal's consideration of the wasted costs jurisdiction in the case of Gurney v Randall and Others [2025] EAT 154. The Claimant, R, had been, though an informal arrangement beginning in 1990, a cleaner of a residential building in Harrow. In 2020, R was informed that her engagement was terminated. Wishing to challenge her termination, R was referred by her trade union to a direct access barrister... |
 Plead it or Weep: The Pitfalls of Oral Evidence in an OIC - Georgina Pressdee, Temple Garden Chambers OIC hearings can, at times, feel like a lawless landscape when it comes to witness evidence. This article seeks to clarify when a witness can and should be allowed to give oral evidence at an OIC hearing, with reference to the procedure set out in PD27B. All paragraph references are to PD27B. If a party intends for a witness (including the Claimant) to give evidence at an OIC hearing, they should list the witness in their Claim Form or Acknowledgement of Service ('the pleadings'). For Claimants, this requirement is... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 Mazur and the Wild West in Law and Medicine - Dr Mark Burgin Dr Mark Burgin explains how the case of Mazur has shone a light on how delegation by professional groups is challenging current regulatory structures and undermining reputation in law and medicine. Mazur appears to be a simple decision about the protection given the title solicitor. That it caused disruption suggests that there may be deeper problem. Much of the work that two decades ago was performed by doctors and lawyers is now carried out by associates. These associates are experienced and competent so there is no problem, or is there?... |
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October 2025 Contents
 Welcome to the October 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 | |
 The Devil's in the Detail-ed Assessment: XX (a protected party by her husband and litigation friend YY), ZZ v Jordan Young, Aviva Insurance Limited - Georgina Pressdee, Temple Garden Chambers On 24 September 2025, Costs Judge Nagalingam handed down his judgment in XX (a protected party by her husband and litigation friend YY), ZZ v Jordan Young, Aviva Insurance Limited 2025] EWHC 2443 (SCCO). The case provides important guidance on the limits of detailed assessment, particularly concerning arguments regarding alleged fundamental dishonesty (FD)... |
 Chaos Beats Causation: The Limits of Accident Reconstruction - Michael Brooks Reid, Temple Garden Chambers Michael Brooks Reid comments on the High Court's approach to the neurosurgical evidence in the case of MW (a child) v Wilkinson & Anor [2025] EWHC 2300 (KB). A car vs pedestrian accident took place near a school causing a young child, 'M', to suffer life-changing injuries. At trial, the Claimant argued that even if the collision was unavoidable, M's injuries would have been significantly reduced had the Defendant been driving at a lower speed (he was driving at around 20mph, the advisory speed limit). The Claimant relied on neurosurgical evidence which posited that a marginal reduction in impact speed would... |
 An offer too good to ignore? 'Intransigence' proves a costly defence stragegy - Michael Brooks Reid, Temple Garden Chambers Michael Brooks Reid comments on the recent judgment of HHJ Russen KC in Learning Curve (NE) Group Ltd v Lewis & Anor [2025] EWHC 2491 (Comm), a case highlighting the uphill battle faced by a party arguing that it would be unjust for the usual Part 36 consequences to apply. Following trial, the Claimant was awarded £5.2m. The critical factor in this consequential hearing was a Part 36 offer made by the Claimant over a year before trial. The offer was for the precise sum ultimately awarded by the Court, inviting settlement at £5,211,625. The Defendants chose not to engage with the offer, pursuing a... |
 Watson, We Have a Case! MH Site Maintenance Services Limited, Markerstudy Insurance Services Limited v James Watson - Georgina Pressdee, Temple Garden Chambers On 24 June 2025, the Court of Appeal handed down its judgment in MH Site Maintenance Services Limited, Markerstudy Insurance Services Limited v James Watson [2025] EWCA Civ 775. The lead judgment of Lord Justice Coulson clarifies the extent of the Court's jurisdiction to intervene and make case management directions in claims progressing under the Pre-Action Protocol for Low Value RTA Claims ("PAP") when proceedings have been issued under Part 8 due to limitation... |
 Managing the Risks of AI in Expert Evidence: 10 Practice Standards for Lawyers and Experts - Ramune Mickeviciute, Hugh James LLP & Geoffrey Simpson-Scott, Hodge Jones and Allen LLP We hope we do not exaggerate by saying that one of the biggest nightmares that any lawyer faces is being penalised for using or submitting false or inaccurate information. Most of you might have already heard about good cases stumbling not because of the law itself, but because of missed communication or unclear expectations. In a world that is run by technology to ease our professional lives, one might question how this happens... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 When Experts Go Too Far! - Dr Mark Burgin Dr Mark Burgin explains experts who give opinions on what they think is inside the person's head will continue to face legal criticism. Can a GP expert give opinions on whether a person will be harmed by prison, being made homeless or return to their own country? This is a common question in Tribunal, Civil and Criminal court cases and it has been suggested that only psychiatrists can provide the answer. This is the wrong question and the experts should invite the solicitors to provide clarified instructions... |
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September 2025 Contents
 Welcome to the September 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 | |
 A Judgment to Remember: WM and EW v Wilkinson [2025] EWHC 2300 (KB) and the Fallibility of Memory - Georgina Presdee, Temple Garden Chambers On 9 September 2025, HHJ Howells (sitting as a Deputy High Court Judge in the High Court) handed down judgment in WM v Wilkinson. The decision examines the standard of care owed by motorists driving near schools and the treatment of historic witness evidence. The trial dealt with liability only. The principal question was whether the Defendant (D) had driven negligently - specifically, too fast in the circumstances. A secondary issue was whether, if D had driven more... |
 Fundamental Dishonesty? Court needs to see the Homework, not just the answer - Michael Brooks Reid, Temple Garden Chambers Michael Brooks Reid comments on an aspect of the recent High Court judgment in Brown v Morgan Sindall Construction and Infrastructure Ltd [2025] EWHC 2204 (KB). Following trial, the Defendant alleged that the Claimant, Mr. Brown, was fundamentally dishonest in exaggerating his psychological injuries, arguing for the well-known consequences that this entails. The Defendant's FD argument rested predominantly on the expert evidence of the Defendant's... |
 Too Late to the Party? Not necessarily. Some clarity on adding parties in PI claims after expiry of limitation - Michael Brooks Reid, Temple Garden Chambers Michael Brooks Reid comments on the recent judgment in the case of Doroudvash v Zurich Insurance Plc [2025] EWCC 10. The claimant police officer was injured in a road traffic accident whilst on duty. He brought a personal injury claim directly against Zurich Insurance plc under the European regulations. Zurich initially admitted liability but withdrew that admission with the court's permission after the expiry of 3-year limitation. The Claimant sought to add the... |
 The Price of Change: Niprose Investments Limited and 30 Other Claimants v Vincents Solicitors Limited [2025] EWHC 2084 (Ch) - Georgina Presdee, Temple Garden Chambers On 6 August 2025, His Honour Judge Hodge KC handed down his judgment in Niprose Investments Limited and 30 Other Claimants v Vincents Solicitors Limited [2025] EWHC 2084 (Ch). The central issue before the High Court was who should bear the costs arising from two linked applications: 1. The Defendant's unsuccessful application to strike out the claim or obtain summary judgment, which failed because the Claimants were allowed to amend their pleadings... |
| Medico-Legal Articles, Edited by Dr Hugh Koch | |
 You Say Somatic, I Say Psychosomatic: Diagnostic Dilemmas in Post-Injury Pain - Dr Justin Savage and Mr John Mackinnon Pain is both a universal experience and a clinical enigma. Following personal injury, pain can persist beyond expected healing times, evolving into chronic conditions that defy straightforward diagnosis. The challenge lies not only in identifying the source of pain but in discerning its nature - somatic or psychosomatic - and recommending appropriate treatment. This article explores the complexities of diagnosing post-injury pain, the shifting landscape of psychiatric classification between... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 A Breakthrough in Understanding Communication - Dr Mark Burgin Dr Mark Burgin introduces the Relational and Proactive Conversational (RPC) Framework and explains how it can be used to improve good to exceptional communication. Communication is one of any professional's key skills and training has become the norm. This has led to substantial improvement in professional performance and expectations from the public. Some of the most important insights in communication skills are from the 1970s and 80s. General practice was... |
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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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![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)
