April 2026 Contents
 Welcome to the April 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 | |
 Know Your ABCs: Alphabet (UK) Ltd v AXA Insurance and Pre-action Costs - Georgina Pressdee, Temple Garden Chambers On 23 March 2026, Costs Judge Brown (sitting as a District Judge of the County Court) handed down his judgment in Alphabet (UK) Limited v AXA Insurance UK PLC [2026] EWHC 674 (SCCO). The Claim was for vehicle damages in the region of £12,000. However, the true subject of the proceedings (issued under Part 7) was costs. There were two issues to be determined: 1. Whether the proceedings were an abuse of process because there was no real argument as to the Claim for damages, which had already been paid. 2. Whether it was necessary for the Claimant to instruct solicitors within two months of the accident... |
 Smile, you're on camera! Surveillance footage and the perils of defendants sitting on their hands for too long - Michael Brooks Reid, Temple Garden Chambers Michael Brooks Reid comments on the recent High Court decision in Silverdale Tours (Nottingham) Ltd v Daniels [2026] 3 WLUK 160, in which the defendant was not permitted to rely on surveillance footage served late. The claimant suffered spinal and neck injuries in a road traffic accident. Liability was admitted by the defendant, but quantum remained in dispute. The case had reached joint statement phase, and the spinal, pain management and psychiatric experts agreed that the claimant had sustained significant injuries to his neck and lower back, that improvements were expected within a year, and that his injuries would not... |
 Mazur overturned in the Court of Appeal - Michael Brooks Reid, Temple Garden Chambers It is no exaggeration to say that the decision of Sheldon J in Mazur v Charles Russell Speechlys [2025] EWHC 2341 (KB) sent shockwaves throughout the legal profession. Fellow personal injury practitioners will have seen first-hand solicitors' responses over the past months, often in the form of annexes to briefs outlining the firm's strategic approach to Mazur and how to respond if Mazur is raised by an opponent. Many seemed to take the Ming Vase strategy, in almost an unspoken ceasefire agreement whilst awaiting the Court of Appeal's decision... |
 A Dishonest Mistake: Conscious Exaggeration and Fundamental Dishonesty in Uchechukwu Atuanya v Ministry of Defence - Georgina Pressdee, Temple Garden Chambers On 30 March 2026, Rory Dunlop KC, sitting as a Deputy High Court Judge, handed down his judgment in Uchechukwu Atuanya v Ministry of Defence [2026] EWHC 758 (KB). The sole issue for determination was whether the Claimant had been fundamentally dishonesty (FD) within the meaning of CPR r44.16(1). The Claim was for damages for a non-freezing cold injury (NFCI) and associated psychiatric issues sustained while serving in the Army. The Claimant had been medically discharged in 2013 after 14 years of service. The neurological experts agreed that the Claimant had a mild NFCI but that it would have had a negligible impact. However, there was also evidence that the Claimant suffered from... |
 Taking on the challenge: When the medical evidence is undermined - Natasha Patel, Solicitor, RTA, Express Solicitors Personal injury claims often hinge on one main factor: the medical evidence. A recent case involving a minor, is a useful reminder of how Courts approach causation - and how both parties should handle disputes over obtained expert evidence. The Claimant was a minor who brought a claim for damages following a road traffic accident. She was a rear seat passenger of a vehicle proceeding down a minor road, the vehicle was hit by another vehicle head on causing injuries to the Claimant. The vehicle she was travelling in was subsequently written off as a result of the accident... |
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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)
