September 2026 Contents
 Welcome to the September 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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 Sigh of relief (from sanctions) for group litigation concussion claims - Lucy Stock, Temple Garden Chambers Hughes & Ors v World Rugby Ltd & Ors [2026] EWHC 2149 (KB). The Claimants in a high-profile group litigation, involving around 1,000 former players from rugby union ("RU") and rugby league ("RL"), have successfully defended an application made by the Defendants (World Rugby Limited, The Welsh Rugby Union, and Rugby Football Union) to strike out roughly 500 individual claims, including 377 RU and 153 RL cases. On 21 August 2026, Senior Master Jeremy Cook granted the Claimants relief from sanctions in relation to their failure to comply with the terms of previous "unless orders" made by the Court... |
 A High Court determination on revised cost budgets and 'injustice' in the context of Part 36 cost consequences - Maia Cohen, Temple Garden Chambers In Car-Wizard Ltd v Vixen Surface Treatments Ltd [2026] EWHC 2177 (Ch), a High Court judge held that the Claimant could revise its cost budget during an adjourned trail after judgment on liability had already been handed down, where the Claimant had made their application promptly, and the increase in costs was the result in unforeseen additional work. The claim concerned a dispute between two small companies, and the litigation had been protracted and aggressive. HHJ Paul Matthews originally intended to deal with liability and quantum together. However, after he circulated his draft judgment, he determined he needed to hear further submissions from the parties on quantum. He adjourned the trial for that purpose and handed down judgment on liability in the meantime... |
 No Common-Law Duty of Care Owed by the GMC to a Doctor Under Investigation - Maia Cohen, Temple Garden Chambers The Court of Appeal has upheld the decision of the High Court to strike out a claim in negligence brought against the General Medical Council (GMC) by the family of Dr Sridharan Suresh, who died by suicide on 2 May 2018 after being notified by the GMC that it had opened an investigation into his fitness to practise. The decision turned on the nature of the GMC's statutory regulatory functions and the established principles governing negligence claims against public authorities engaged in investigative functions... |
 Hazards on the Highway: Duty of care for highway authorities clarified - Lucy Stock, Temple Garden Chambers Transport for London v Cairn Young & Anor [2026] EWCA civ 1095. In a Court of Appeal judgment, handed down by Yip LJ on 18 August 2026, Transport for London ("TFL") successfully overturned a finding of primary liability in two separate personal injury claims arising from accidents on the Cycle Superhighway 6 ("CS6"). The Respondents were both cyclists who had collided with the raised kerb of pale stone, with a vertical upstand of around 5 to 6cm, which separated the stepped cycle track ("SCT") of the CS6 and the main carriageway. At the time of both accidents a bollard was missing which was intended to mark the... |
 Liability Dispute Resolved Following a Refusal of Trial Adjournment - Sara Da Silva, Senior Associate, RTA, Express Solicitors Following a contested liability road traffic accident claim which proceeded to trial, the claimant secured judgment after the defendant's application to adjourn was refused and the defendant subsequently accepted the claimant's Part 36 offer. The claim arose from a road traffic accident on February 14, 2025 involving the claimant, a pedestrian and the defendant's insured driver. The parties advanced differing accounts of the accident. The claimant's case was that he was returning to his HGV vehicle and was stepping into the driver's side when he was struck by the defendant's vehicle. In contrast, the defendant alleged that the... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 How To Get Help for ADHD - Dr Mark Burgin Dr Mark Burgin explains how to avoid the current pitfalls in ADHD care and why a holistic mental health and disability approach can improve outcomes. Waiting times for ADHD assessments are long with 2-5 years being commonplace, many feel pushed towards costly private alternatives. The diagnoses are often based on psychometric video-based assessments which are detailed but many lack the holistic assessment that some people require. Many people are unable to pay for ongoing costs such as follow up and talking therapies. These problems are leading to a medication dominant treatment pattern. The Right to Choose (RTC) has led to many private providers offering a limited service... |
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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)
