October 2026 Contents
 Welcome to the October 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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 Strike-out of a scattergun claim - Lucy Stock, Temple Garden Chambers KDY & Anor v Langham & Ors [2026] EWHC 2068 (KB) illustrates an increasingly familiar feature of modern litigation: a litigant in person pursuing diffuse, multi-cause-of-action, proceedings against numerous defendants. In a judgment handed down on 7 August 2026, Clare Padley, sitting as a Deputy High Court Judge, struck out the Particulars of Claim in KDY in their entirety, dismissing claims valued at approximately £2.8 million... |
 Lost Years Claims for Children: The First Application of CCC v Sheffield Teaching Hospitals - Maia Cohen, Temple Garden Chambers JBX v Frimley Health NHS Foundation Trust [2026] EWHC 2294 (KB) is the first example of a court's approach to the calculation of a lost years claim for children since the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 overturned Croke v Wiseman [1982] 1 WLR 71 and held that this head of loss was recoverable for children in relation to their own pecuniary losses and was not contingent on having dependants... |
 The Limits of Solicitor-Own-Client Assessments and ATE Commission Disclosure - Maia Cohen, Temple Garden Chambers In Turner v Coupland Cavendish Limited [2026] EWCA Civ 1204, the Court of Appeal held that a former client could not use the Solicitor-Own-Client Assessments (SOCA) under Section 70 of the Solicitors Act 1974 ('the 1974 Act'), in conjunction with a Part 18 request, as a means to elicit information from their solicitors about possible commissions received on an ATE policy. As per rule 16.1 of the SRA Financial Services (Conduct of Business) Rules, and in accordance with their fiduciary duties, it is incumbent upon a solicitor to... |
 Ritchie v Royal Wolverhampton NHS Trust [2026] EWCC50 - Lucy Stock, Temple Garden Chambers In Ritchie v Royal Wolverhampton NHS Trust [2026] EWCC50, Grimshaw HHJ considered the issue of whether a settlement by a claimant for personal injuries during their lifetime bars his dependents from bringing a clinical negligence claim against a concurrent tortfeasor after his death. The Claimant, Angela Ritchie, was the wife of the late Brian Ritchie ('the Deceased') who underwent a mitral and tricuspid heart valve repair at the Defendant's hospital on 12 March 2015. During the procedure he is believed to have... |
 Medical Inconsistencies at Trial: Why an Honest Claimant's Case Can Still Succeed - Ghosia Ismail, Solicitor, RTA, Express Solicitors A recent case I worked on highlights why inconsistencies in medical evidence are not always fatal to a personal injury claim, particularly where the claimant's honesty is accepted by the Court. Anyone who conducts personal injury litigation will be familiar with the difficulties that can arise when a claimant's evidence does not entirely match their medical report. These inconsistencies can become a major focus at trial, particularly where a defendant seeks to undermine the claimant's credibility or challenge the injuries being claimed... |
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| Medico-Legal Articles, Edited by Dr Hugh Koch | |
 Supporting Autistic Adults in Personal Injury and Clinical Negligence Claims: Practical Guidance for Legal Professionals by Dr Justin Savage & Dr Ashley Francis Adults with autism--or those who present with autistic traits but have no formal diagnosis--often face unique challenges when navigating personal injury or medical negligence litigation. These comprise differences in communication, processing, and coping that can significantly affect how a claimant engages with the legal process. For solicitors, experts and legal professionals, recognising these patterns early and adapting practice accordingly can improve evidence quality, reduce distress, and support fair access to justice... |
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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)
