Personal Injury Blogs Archive

The Court of Appeal recently handed down judgment in the case of Farley (formerly CR) v Paymaster (1836) Ltd (t/a Equiniti) [2025] EWCA Civ 1117.  The Facts The facts in Farley can be succinctly put. Over 400 current and former officers of the Sussex Police Force sought damages for breach of the GDPR and Data Protection Act 2018 and/or…

Radoslav Pashamov (C) was a farm worker employed by D2, who suffered serious injuries when he was struck by D1’s car while crossing a road.  D2 provided a bus service to ferry employees back from various fields to their lodgings (also owned by D2) and C was on his way home on that bus but…

Does the Court have jurisdiction over compliance with the Pre-Action Protocol for Low Value RTA Claims (“the Protocol”)? In its decision of 24 June 2025, the Court of Appeal decided in MH Site Maintenance Services Limited and another v James Watson [2025] EWCA Civ 775 that, when proceedings have been issued, the answer is “yes.”…

The Court of Appeal is set to consider the correct legal test for imposing a stay on a personal injury claim where a claimant does not wish to undergo a medical test relevant to issues of causation and quantum. The test was previously considered to be the test in Laycock v Lagoe [1997] PIQR 518.…

In a recent fatal clinical negligence case that I was involved in, the agreed medical position was that the Deceased would have been unlikely to survive for more than a month after the negligent event that brought about their death. This led to the Defendant disputing the claims for bereavement damages and funeral expenses brought…

Victims of child sexual abuse who, later in life, pursue compensation claims, will no longer be required to bring those claims within 3 years of turning 18, nor will they have the burden of proving why their claim (if brought more than 3 years after turning 18) should be allowed to proceed. This was one…

On 23 October 2024, the Supreme Court handed down its decision in Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33. The decision is the latest in many higher court decisions regarding the liability of police authorities to the public where they suffer injury. Liability of Public Authorities: A Reminder of the Key…

I recently acted in the High Court appeal in Wetherell v Student Loans Company Ltd [2024] EWHC 1443 (KB) which raises some interesting questions about the personal injury landscape after the Enterprise and Regulatory Reform Act 2013. When the Enterprise and Regulatory Reform Act 2013 came into force and personal injury claimants could no longer…

On 10 April 2024, the High Court handed down its decision in Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB). In that judgment the presentation of the Claimant’s claim for personal injury was considered fundamentally dishonest and so was dismissed under section 57 of the Criminal Justice and Courts Act 2015 (“the 2015 Act”). In considering whether…

After the introduction of the reforms to the Civil Procedure Rules in 2013, you may recall some judges becoming, at least initially, excited about the prospect of experts giving evidence concurrently (so-called “hot tubbing”). Since that early flush of excitement, I have been involved in only one trial in which it was used and I…

Provisional damages operate as an exception to the general rule that damages are assessed on a once-and-for-all basis. Where a claimant finds themselves at a risk of developing a disease or deterioration in their physical or mental condition in the future, the general rule would require the court to assess that risk and compensate the…

The Supreme Court has handed down its highly anticipated decision in TUI UK Ltd v Griffiths [2023] UKSC 48.  The Supreme Court unanimously allowed the appeal of the Claimant, reversing the decision of the Court of Appeal. The judgment can be accessed here. The decision of the Court of Appeal is discussed in the author’s blog…