July 2025 Contents
 Welcome to the July 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 | |
 Rashpal Samrai and Others v Rajinder Kalia and Others [2025] EWHC 1449 (KB) - Andrew Ratomski, Temple Garden Chambers This judgment concerned a number of consequential costs matters following the handing down of judgment in the main claim where the Defendant was the successful party. Martin Spencer J had to consider in particular the mixed claim exception to the Qualified One Way Costs Shifting ('QOCs') protection afforded to personal injury claimants in a relatively novel set of claims. In the background was also an application for wasted costs issued against the Claimant's solicitors and counsel resulting in those... |
 Benjamin Hetherington v Raymond Fell & Anor [2025] EWHC 1487 (KB) - Philip Matthews, Temple Garden Chambers 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 Ferryhill Wheelers Cycling Club. The accident occurred when the Claimant collided with a Mercedes driven by the Defendant, when the latter attempted to turn onto Butterwick Road from the A698 dual carriageway. The Claimant alleged negligence against the Defendant, who denied liability. The Defendant subsequently brought a Part 20... |
 Caroline Robinson v. Air Compressors & Tool Limited & Ors [2025] EWHC 1469 (KB) - Philip Matthews, Temple Garden Chambers Robinson considered whether to make a wasted costs order against a Claimant who had unsuccessfully brought proceedings against three different defendants. The Claimant (as administratrix of the Deceased's estate) brought a fatal accident claim against three Defendants - i) Air Compressors & Tool Limited, ii) Lansing Bagnall Limited, and iii) Lansing Linde Limited - alleging asbestos exposure during the Deceased's employment at a specific manufacturing site. The Defendants contested the validity of the... |
 Tom Clark v Omar Elbana [2025] EWCA Civ 776 - Andrew Ratomski, Temple Garden Chambers This sports negligence claim arises from a collision between the Defendant, and now Appellant, and the Claimant during an amateur rugby match. The Claimant suffered a serious spinal injury. Causation was conceded but the issue of breach of duty went to trial. Permission to appeal was granted concerning the test to be applied to the Appellant's alleged recklessness, adequacy of reasons, the relevant legal test when determining breach of duty in a sporting context and in regards the judge's conclusions that... |
 How late is too late? Leadingway Consultants v Ayoub Saab & Anor [2025] EWCA Civ 582 - Andrew Cousins, 7 Harrington Street Chambers 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. In Leadingway Consultants v Ayoub Saab & Anor [2025] EWCA Civ 582 the Court of Appeal was recently faced with a case concerning such applications from two Defendants. The case arose from alleged breach of an agreement concerning the liquidation of a company in Bermuda... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Barriers to Access to Justice for Disabled People - Dr Mark Burgin Dr Mark Burgin is a disability analyst and explains why disabled people are disproportionately at risk of poor outcomes in legal cases. There are serious issues in law such as overly complex legal processes and I would recommend a simple three part process. This would work as well with a family law, criminal law or civil law cases and is likely to be as effective as more complex systems... |
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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)
