January 2026 Contents
 Welcome to the January 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 | |
 A Pain in the Neck: The Negative Consequences of the Whiplash Reforms - Georgina Pressdee, Temple Garden Chambers On 29 October 2025, the MoJ announced its post-implementation review of the Whiplash Reform Programme, including the increase in the small claims track (SCT) limit from £1,000 to £5,000 for road traffic accident (RTA) personal injury (PI) claims. This article outlines and comments on the Law Society's response. The thrust of the Law Society's response is that the reforms have had a negative impact on Claimants and PI practitioners without achieving their core aims. In particular, the reforms have failed to... |
 Driving a coach and horses: District Judge reins in unqualified advocates - Michael Brooks Reid, Temple Garden Chambers Michael Brooks Reid discusses the decision of District Judge Pratt ("the Judge") in Vehicle Control Services Ltd v Langley [2026] EWCC 1, which will be undoubtedly ruffling feathers at HQ of the well-known advocacy agencies. The case was a routine small claims trial over an unpaid parking charge. The only individual in Court who appeared for the Claimant was Mr Boaten, a "Solicitor's Agent" (which, as the Judge noted, is a misleading non-legislative term). In a familiar arrangement, the Claimant had... |
 Hire Education: Court of Appeal guidance on non-party costs orders against credit hire organisations - Michael Brooks Reid, Temple Garden Chambers Michael Brooks Reid comments on the recent Court of Appeal judgment in Tescher v Direct Accident Management Ltd [2025] EWCA Civ 733, a decision which may signify a change of landscape in the world of credit hire litigation. This judgment concerned two conjoined RTA claims. In each, an impecunious claimant had hired a replacement vehicle on credit, with payment deferred, in the usual way, until the conclusion of proceedings. The claims included both PI and credit hire elements. In Tescher, the claim was dismissed at trial; in AXA v Spectra, the claimant... |
 Court of Appeal Settles the Debate: Liability Only Part 36 Offers on the Fast Track - Georgina Pressdee, Temple Garden Chambers The Court of Appeal had handed down a unanimous judgment in Smithstone v Tranmoor Primary School [2026] EWCA Civ 13 providing clear guidance on when a liability only Part 36 offer will be effective on the fast track. The Claim was brought by a child who had suffered a minor injury when his fingers became trapped in a door. It originated in the Low Value Fixed Costs regime and was eventually allocated to the Fast Track following the Defendant's denial of liability and allegation of contributory negligence... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 The Importance of The Medical Records Review - Dr Mark Burgin Dr Mark Burgin discusses what medical experts mean by the words they use to describe their process of medical records review and how this impacts the legal case. Summarising over 5000 medical records over 30 years as a GP, medical expert and disability analysis has been a large part of my work life. During that time improvements in technology have impacted the quality and detail that is possible. Now even handwritten records in another language can be faithfully transcribed into a form the court can read with ease... |
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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)
