February 2025 Contents
 Welcome to the February 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 | |
 Aviva Insurance Limited v Atiquillar Nadeem and Masoud Sidiqi [2024] EWHC 3445 (KB) - Andrew Ratomski, Temple Garden Chambers The judgment from HHJ Tindal sitting as a judge of the High Court in these recent contempt proceedings traverses significant ground on findings of fundamental dishonesty under section 57 of the Criminal Justice and Courts Act 2015. I do not seek to summarise every aspect of the decision but I do wish to highlight the aspects that point to potential future areas of controversy in a rapidly developing area of personal injury practice. The first defendant had brought a claim for personal injury arising from a road traffic accident on 14 April 2018 for which liability had been admitted and having claimed to have been... |
 Woodcock v Chief Constable of Northamptonshire Police; HD, PD, CJ, PJ and OB v Chief Constable of Wiltshire Police [2025] EWCA Civ 13 - Philip Matthews, Temple Garden Chambers This judgment involved two separate appeals concerning police liability for failing to prevent harm caused by third parties. The appeals were heard together as they raised similar legal issues. Ms Woodcock was attacked and seriously injury by her ex-partner, despite prior reports to the police about his threats and his breaches of bail conditions. She brought an action against the police in negligence, claiming that they failed to protect her, specifically by not warning her of his presence prior to the attack. The claim was initially dismissed at first instance, but on appeal Ritchie J found that the police... |
 Birley v Heritage Independent Living Ltd [2025] EWCA Civ 44 - Philip Matthews, Temple Garden Chambers This appeal concerns costs and the interaction between qualified one-way costs shifting (QOCS) in personal injury claims and cost recovery rules in information law claims. Ms Taylor sued Heritage Independent Living Ltd (Heritage), alleging that in 2018, Heritage unlawfully disclosed her criminal convictions to a friend, violating the General Data Protection Regulation (GDPR), the Data Protection Act 2018, and her rights to privacy and confidentiality. She also claimed the disclosure caused psychiatric injury. Ms Taylor initiated proceedings in August 2021, but... |
 Omanovic v Shamaazi Ltd & Ismael Abdela Mohammed [2025] EWHC 110 (KB) - Andrew Ratomski, Temple Garden Chambers An important point of civil procedure recently arose in this claim for breach of contract and tortious conspiracy which can often arise in multi-party personal injury litigation, especially where allegations of fraud or unlawful means conspiracy are made against several parties, namely the admissibility of settlement terms when comprising a claim against some but not all claimants or defendants. The decision is also useful when assessing the merits of making or accepting settlement offers that... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 The Problem with Poor Quality Professionals - Dr Mark Burgin Dr Mark Burgin asks if allied health professionals such as PAs are the solution to falling standards or the sign that doctors have no place in the future of medicine. Professionals can provide poor quality service for a number of reasons. Many professionals are unwell, burned out and have low motivation. Another problem is that because professions are broad the professional may have a knowledge gap. Missing important steps such as recording the consultation can lead to missed diagnoses... |
 Metabolic Syndrome Controversies - Dr Mark Burgin Dr Mark Burgin discusses why one of the most common and serious medical conditions is rarely diagnosed and prevention and treatment remains limited. Metabolic syndrome impacts over 25% of the population and yet is largely unknown. Although everyone is familiar with the consequences of the condition (high blood pressure, cholesterol, diabetes) few sufferers are told of their diagnosis. Doctors have largely avoided using this diagnosis and are reluctant to discuss the condition... |
![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)
