Personal Injury Blogs Archive

Christmas is nearly upon us.  For many, much of December passes by in a frenzy of Christmas shopping and frantic preparations for Christmas Day.  But how much thought do we give to the inherent safety of the products that we are buying (and receiving)? What if one of those products turns out to be unsafe…

This blog addresses extensions of time for serving Particulars of Claim under the Civil Procedure Rules. It is extremely important to note immediately that the issue of time for service of the Claim Form is an entirely separate matter. Service of the Claim Form is regulated very strictly by CPR rules 7.5 and 7.6.  These…

An important, but sometimes overlooked, feature of road traffic litigation is the distinct and preferential damages and costs regime which applies to claims arising from collisions involving motorcycles and which renders considerable benefits to the victims of motorcycle accidents, as “vulnerable road users”, when compared to car drivers and their passengers. The sweeping changes instituted…

Cases alleging fabrication, exaggeration, or malingering in personal injury claims are not uncommon and often result in suspicion amongst the parties. An important tool used by Defendants is covert surveillance. Applications to admit such evidence are invariably vigorously contested. Background In Perrin v Walsh [2025] EWHC 2536 (KB), a personal injury claim following a road…

In Debbie O’Connell v The Ministry of Defence [2025] EWHC 2301 (KB)the claimant failed in both negligence and strict liability, and further the claim was found to be fundamentally dishonest.  For the purposes of strict liability pursuant to the Animals Act 1971, on s.2(2)(a) it was found that severe injury was not likely to be…

The greatest power in the world is that of the Soul. Peace is its highest expression. To attain peace, first we must acquire greater mastery over ourselves. We secure then an atmosphere of perfect peace, calm and goodwill that protects and fortifies ourselves and blesses others around us. – Mahatma Gandhi: Discourses on the Gita…

Preface Personal injury lawyers will be well familiar with the concept of contributory negligence. This article is intended to give guidance to practitioners in more unusual cases where assessment of contributory negligence may be more complex than it first appears, focussing particularly on road traffic claims brought by vulnerable road users. General Principles Pursuant to…

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…