July 2026 Contents
 Welcome to the July 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 | |
 Out of Order: Court of Appeal Sets Aside 'No Order as to Costs' to Make... 'No Order as to Costs' - Georgina Pressdee, Temple Garden Chambers On 6 July 2026, the Court of Appeal handed down its decision in Carl v Limbani [2026] EWCA Civ 856. The case concerned Mr Limbani's appeal against the "no order as to costs" made by Mr Simon Gleeson's (sitting as a Deputy Judge of the High Court). In a lead judgment given by Lord Justice Foxton, the Court of Appeal set aside the order of Mr Simon Gleeson only to reinstated it upon exercising the costs discretion afresh. The underlying Claim was that money paid by Mr Carl to intermediaries to acquire historic sports cars had not been applied for that purpose and/or the sports cars acquired had never been delivered to him. The three original Defendants were Mr Edwards, Mr Hawkins and SCM (a company linked with Mr Hawkins)... |
 Left holding the door: Violent bouncers and vicarious liability - Michael Brooks Reid, Temple Garden Chambers Michael Brooks Reid discusses the decision of the Court of Appeal in Burger v Risk Solutions BG Ltd [2026] EWCA Civ 804 ('Burger'), an interesting clarification of the vicarious liability doctrine where a tortfeasor is an employee of an independent contractor. Mr Burger (C) was restrained by two door supervisors (or 'bouncers') outside a Wetherspoon's pub with such force that he suffered serious injuries. The bouncers were employed by D1, Risk Solutions BG Limited ('Risk'), which had contracted with D2, Wetherspoon plc ('Wetherspoon') to provide security services... |
 Episode 2, A New Hope: Resiling from admissions of breach under CPR r.14.5 - Michael Brooks Reid, Temple Garden Chambers Michael Brooks Reid discusses the decision of Duncan Atkinson KC, sitting as a Deputy High Court Judge, in Ramsdale v Ditta & Ors [2026] EWHC 544 (KB). The claimant ('C') brought clinical negligence proceedings arising from failures of diagnosis and management of chronic rhinosinusitis. The fifth defendant ('D5'), an advanced nurse practitioner, admitted breach of duty pre-action and in her defence. That admission was made on the advice of an expert who later became unavailable. D5's replacement expert took the contrary view, and some ten months later, an application was made to resile from the admissions... |
 Testing the Limit-ation: High Court Extends Power to Permit Amendments under Mastercard Inc v Deutsche Bahn AG - Georgina Pressdee, Temple Garden Chambers 27/07/26. On 19 June 2026 Mr Justice Bright handed down his judgment in Davies v Ford Motor Co [2026] EWHC 1531 (KB), which determined the Claimants' application to amend their case in order to add new claims. In a significant ruling, Mr Justice Bright granted the Claimants permission despite the Defendant's contention that the claims would be time-barred. The matter arose out of group litigation against Ford and other manufacturers for the levels of oxides of nitrogen emitted by their vehicles. The main complaint was that their vehicles incorporated design elements which had the effect that the levels in normal vehicle operation and use were materially higher than in regulatory testing... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 When Brains Get Stuck - Dr Mark Burgin Dr Mark Burgin explains the psychosocial processes that cause people to have fixed idea (idee fixe) and how doctors and lawyers can respond. We have all met people who have become fixated on a problem. The vexatious litigant whose life is spent in courts, the expert who cannot revise their position and the lawyer who never resolves a case. We can recognise that something is wrong but it is difficult to say exactly what the problem is. Disability analysis explains coping mechanisms such as fixed idea (idee fixe) as a response to psychological stress. The fixation can persist for years or even decades before a functional decline... |
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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)
