PI Brief Update

An offer too good to ignore? ‘Intransigence’ proves a costly defence stragegy - Michael Brooks Reid, Temple Garden Chambers

20/10/25. 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 u...

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

16/10/25. 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 Insuran...

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

26/09/25. Michael Brooks Reid comments on the recent judgment in the case of Doroudvash v Zurich Insurance Plc  [2025] EWCC 10.

The Facts

The claimant police officer was injured...

A Judgment to Remember: WM and EW v Wilkinson [2025] EWHC 2300 (KB) and the Fallibility of Memory - Georgina Presdee, Temple Garden Chambers

24/09/25. 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...

Silence Speaks Volumes: Inferences from a Missing Witness - Michael Brooks Reid, Temple Garden Chambers

20/08/25. 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...

DHV v Motor Insurers' Bureau [2025] EWHC 2038 (KB) - Philip Matthews, Temple Garden Chambers

18/08/25. 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 inter...

Tom Clark v Omar Elbana [2025] EWCA Civ 776 - Andrew Ratomski, Temple Garden Chambers

18/07/25. Date of judgment: 24 June 2025.

This sports negligence claim arises from a collision between the Defendant, and now Appellant, and the Claimant during an amateur rugby m...

Benjamin Hetherington v Raymond Fell & Anor [2025] EWHC 1487 (KB) - Philip Matthews, Temple Garden Chambers

15/07/25. 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 Ferryhi...

David Richardson & Ors v Slater & Gordon UK Limited [2025] EWHC 1220 (SCCO) - Andrew Ratomski, Temple Garden Chambers

13/06/25. Date of judgment: 19 May 2025.

This judgment concerned a group of 224 claims against solicitors, the Defendant, from which ten test claimants were identified. Senior Cos...

JD Wetherspoon Plc v Burger & Risk Solutions BG Ltd [2025] EWHC 1259 (KB) - Philip Matthews, Temple Garden Chambers

11/06/25. The Claimant sustained a serious hip injury after being forcefully restrained by two door supervisors outside a JD Wetherspoon (JDW) pub in August 2018. The supervisors...

Costs budgeting can be retrospective: BDW Trading Limited v Ardmore Construction Limited [2025] EWHC 1063 (TCC) - Andrew Ratomski, Temple Garden Chambers

21/05/25. Date of judgment: 2 May 2025

Andrew Mitchell KC sitting as a Deputy Judge of the High Court was required to decide whether the court had the power to make a costs manage...

Doroudvash v Zurich Insurance Plc [2025] EWCC 10 - Philip Matthews, Temple Garden Chambers

19/05/25. In Doroudvash, the Court determined a claimant’s application to join an additional defendant into an action after the expiry of the primary limitation period.

Background...

The 'Relevant Period' in a Part 36 offers means what you think it does - Andrew Ratomski, Temple Garden Chambers

18/04/25. Henderson and Jones Limited v Salica Investments Limited and Others [2025] EWHC 838 (Comm)

Date of judgment: 4 April 2025

This case is an illuminating decision on the con...

Wagatha Costie - Philip Matthews, Temple Garden Chambers

16/04/25. The judgment in Rebekah Vardy v Coleen Rooney [2025] EWHC 851 (KB) arose from an appeal concerning the costs associated with the highly publicised defamation proceedings b...

Child Sexual Abuse Litigation Reforms - Philip Matthews, Temple Garden Chambers

18/03/25. The UK Government has announced its intention to implement a number of key recommendations from the Independent Inquiry into Child Sexual Abuse (IICSA). There is no draft...

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

26/02/25. 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 rai...

Birley v Heritage Independent Living Ltd [2025] EWCA Civ 44 - Philip Matthews, Temple Garden Chambers

25/02/25. 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 clai...

Aviva Insurance Limited v Atiquillar Nadeem and Masoud Sidiqi [2024] EWHC 3445 (KB) - Andrew Ratomski, Temple Garden Chambers

21/02/25. Date of judgment: 16 October 2024 (but recently published).

The judgment from HHJ Tindal sitting as a judge of the High Court in these recent contempt proceedings traver...

Majid Ali v HSF Logistics Polska SP Zoo [2024] EWCA Civ 1479 - Andrew Ratomski, Temple Garden Chambers

24/01/25. Date of judgment: 4 December 2024.

Whilst Ali v HSF is a case arising in credit hire litigation, the Court of Appeal’s recent decision is of broader significance to injury...

CXC (a protected party by her litigation friend BXB) v (1) David Clarke, (2) EUI Limited [2024] EWHC 3138 (KB) - Philip Matthews, Temple Garden Chambers

22/01/25. CXC considers the use of intermediaries to assist vulnerable witnesses to give evidence in personal injury proceedings.

Background

On 16 September 2007, the Claimant (who...

Chaos Beats Causation: The Limits of Accident Reconstruction - Michael Brooks Reid, Temple Garden Chambers

17/10/25. 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).

Facts

A car...

The Price of Change: Niprose Investments Limited and 30 Other Claimants v Vincents Solicitors Limited [2025] EWHC 2084 (Ch) - Georgina Presdee, Temple Garden Chambers

29/09/25. 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 208...

Fundamental Dishonesty? Court needs to see the Homework, not just the answer - Michael Brooks Reid, Temple Garden Chambers

25/09/25. 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).

The ...

QOCS in mixed claims: Sex, lies and a £100,000 costs bill - Michael Brooks Reid, Temple Garden Chambers

21/08/25. 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 ...

A Cautionary Read: Poor Pleadings, Non-compliance and the Automatic Disapplication of QOCS - Georgina Pressdee, Temple Garden Chambers

19/08/25. 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...

Caroline Robinson v. Air Compressors & Tool Limited & Ors [2025] EWHC 1469 (KB) - Philip Matthews, Temple Garden Chambers

17/07/25. Robinson considered whether to make a wasted costs order against a Claimant who had unsuccessfully brought proceedings against three different defendants.

Background

The ...

Rashpal Samrai and Others v Rajinder Kalia and Others [2025] EWHC 1449 (KB) - Andrew Ratomski, Temple Garden Chambers

15/07/25. Date of judgment : 13 June 2025.

This judgment concerned a number of consequential costs matters following the handing down of judgment in the main claim where the Defenda...

How late is too late? Leadingway Consultants v Ayoub Saab & Anor [2025] EWCA Civ 582 - Andrew Cousins, 7 Harrington Street Chambers

10/07/25. 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...

Mark Edwards & Ors v 2 Sisters Food Group Limited [2025] EWHC 1312 (KB) - Philip Matthews, Temple Garden Chambers

12/06/25. The case concerns an appeal by four former employees of 2 Sisters Food Group Ltd, who alleged that they contracted Covid-19 due to workplace safety failures in June 202...

R (Ayinde) v London Borough of Haringey and Al-Haroun v Qatar National Bank QPSC and Another [2025] EWHC 1383 (Admin) - Andrew Ratomski, Temple Garden Chambers

10/06/25. Date of judgment: 6 June 2025

The Divisional Court’s judgment in these joined contempt cases following a Hamid hearing heard on 23 May 2025 has received wide-spread attent...

Glaister & Anor, R (on the application of) v Assistant Coroner for North Wales [2025] EWHC 1018 (Admin) - Philip Matthews, Temple Garden Chambers

20/05/25. In Glaister, the Court had sent out a draft judgment in a judicial review case relating to a coroner’s decision. Specifically, this was circulated in the form of a ‘con...

Claimant fruit picker’s employer found negligent but not the third party driver who drove into collision with him - Andrew Ratomski, Temple Garden Chambers

16/05/25. Radoslav Pashamov v (1) Leon Taylor and (2) Edward Vinson Limited [2025] EWHC 1035 (KB)

Date of judgment: 30 April 2025

Simon Tinkler sitting as a Deputy High Court Judge ...

Nigel Mather & Ors v Lakbir Basran & Ors [2025] EWHC 438 (Ch) HHJ - Philip Matthews, Temple Garden Chambers

17/04/25. In Mather v Basran , the High Court addressed several issues surrounding an adjournment request made by the Defendant, Mr Rattan, on medical grounds during a trial involv...

Multi Track allocation remains decisive to the disapplication of the Fixed Costs rules - Andrew Ratomski, Temple Garden Chambers

15/04/25 . Laura Attersley v UK Insurance Limited [2025] EWHC 884 (KB) 

Date of judgment: 11 April 2025

This claim arose from unremarkable circumstances: a claim for personal ...

Morris v Williams [2025] EWHC 218 (KB) - Philip Matthews, Temple Garden Chambers

19/03/25. In Morris v Williams [2025] EWHC 218 (KB) , District Judge Dodsworth considered whether a letter from the Claimant’s former solicitor, which contained proposals to settle ...

Jinking horses, Animals Act claims and dishonest exaggeration - Andrew Ratomski, Temple Garden Chambers

17/03/25. Hazel Boyd v Debbie Hughes [2025] EWHC 435 (KB)

Date of judgment:> 28 February 2025

Liability, quantum and fundamental dishonesty were in dispute in this claim for per...

Omanovic v Shamaazi Ltd & Ismael Abdela Mohammed [2025] EWHC 110 (KB) - Andrew Ratomski, Temple Garden Chambers

24/02/25. Date of judgment: 21 January 2025

Introduction

An important point of civil procedure recently arose in this claim for breach of contract and tortious conspiracy which can...

Smith -v- AXA Insurance UK PlC & Spectra Drive Limited (24th December 2024) - Philip Matthews, Temple Garden Chambers

23/01/25. Smith is the latest decision in the long-running trench warfare between credit hire companies and defendant insurers on the issue of non-party costs orders (NCPOs). Des...

Majid Saadati v Seye Dastghaib and Andreas Rudolf Bihrer [2024] EWHC 3336 (KB) - Andrew Ratomski, Temple Garden Chambers

21/01/25. Date of judgment: 20 December 2024.

Practitioners making hasty applications for default judgment ought to keep in mind the law of unexpected consequences. Applications f...

Christine Bangs v FM Conway Limited [2024] EWCA Civ 1461 - Andrew Ratomski, Temple Garden Chambers

16/12/24. Date of judgment: 6 November 2024

This appeal was unusual because it is a rare example of the Court of Appeal intervening to reverse a decision to set aside the strike o...