August 2026 Contents
 Welcome to the August 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 | |
 An eye for detail: Court of Appeal reinforces the wide discretion for case management decisions - Lucy Stock, Temple Garden Chambers On 2 July 2026, in the Court of Appeal, Falk LJ handed down the leading judgment in Ward v Rai [2026] EWCA Civ 816: the most recent decision dealing with the scope of the court's discretion in case management decisions. The claim related to a road traffic accident that occurred on 18 September 2019 and was settled by way of a Part 36 Offer in January 2023 at £546,984, with costs subject to a detailed assessment if not agreed. The focus of the detailed assessment proceedings was the claim for 134.1 hours for work on documents by the Claimant; this was challenged under... |
 Sintes v Tower Hamlets LBC [2026] EWCA Civ 752: The Claimant goes to market and comes back empty-handed - Maia Cohen, Temple Garden Chambers 14/08/26. The Court of Appeal overturned the judgment of the lower court and held that, as per the general rule in Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33, public authorities do not have a common law duty to protect others from a harm it does not create. Ms Sintes was walking along a public footpath next to Whitechapel market when she tripped and fell over a number of metal poles left on the path and fractured her ankle. The poles were the components of market stalls, presumed to have been left by an unidentified market trader in breach of the terms of their trading licence... |
 ZZZ v MOD: A drunken 'frolic' does not change the status of a visitor to a trespasser - Maia Cohen, Temple Garden Chambers The Claimant, a young serviceman, sustained a serious brain injury after falling head-first over a 900mm bannister on the second-floor landing in the army barracks where he resided. The incident occurred upon his return from a night out drinking with his fellow officers. Moments before his fall, the Claimant and Rifleman (Rfn) Graham were engaged in a 'struggle' on the landing. The Claimant sued the Defendant under the Occupiers Liability Act 1957, claiming the height of the bannister rendered the premises dangerous. The Defendant denied that... |
 'Unreasonable behaviour' bar raised: Court of Appeal clarifies the application of CPR 27.14(2)(g) - Lucy Stock, Temple Garden Chambers On 31 July 2026 the Court of Appeal handed down judgment in Orton v Barclays Bank UK plc [2026] EWCA Civ 1025, providing further clarification regarding the court's powers to make a costs award on the Small Claims Track under CPR 27.14(2)(g) where a party has 'behaved unreasonably'. The Claimant, Mr Orton, issued a Plevin claim against Barclays alleging non-disclosure of commission regarding a PPI policy purchase, seeking damages of approximately £2,750 plus interest. The case was allocated to the Small Claims Track. The Defendant's solicitors sent the Claimant a series of letters inviting him to... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 Are Doctors Arrogant? - Dr Mark Burgin Dr Mark Burgin explains why professionals can appear out of touch with reality and lack humanity. Doctors do not start out believing that their job is to block patients from obtaining effective treatments. Over time their idealistic beliefs in healing and providing comfort are eroded. They come against the systemic barriers that creates fear, frustration and defensive practice. The turnover of doctors due to moral injury is high but this begs a chilling question - which doctors are the ones who stay?... |
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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)
