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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.

 

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...
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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