Horizon scanning

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The PI & Clinical negligence horizon scanner—October 2025 is a summary of the key developments relevant to personal injury and clinical negligence practitioners including recent court decisions, legislation, consultations, reforms and CPR updates.

For archived entries, see Practice Notes:

  1. •

    PI & Clinical negligence horizon scanner—July 2025 [Archived]

  2. •

    PI & Clinical Negligence

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Latest PI & Clinical Negligence News

Do debarring orders matter? Relying on impecuniosity in credit hire cases (Motor Insurers Bureau v Houston)

PI & Clinical Negligence analysis: The principle that impecuniosity goes to period as well as rate, as established in Zurich Insurance Plc v Sameer Umerji will largely depend upon what the debarring order states. There are circumstances where a claimant will be debarred from relying upon impecuniosity for the purposes of determining the appropriate rate of hire but will be entitled to rely upon lack of means for other wider purposes, including for example, determining reasonable period of hire. Such a finding is not always plainly wrong and will depend on the circumstances of the case and the evidence provided at trial. Written by Georgia Banks, barrister at Parklane Plowden Chambers.

APIL research blasts unfair whiplash reforms

The Association of Personal Injury Lawyers (APIL) has published polling showing that only 5% of the public consider current whiplash compensation fair, as it prepares evidence for the Ministry of Justice's post-implementation review of 2021 reforms. The Opinium research found that 90% of whiplash sufferers struggle with daily activities, while typical compensation remains at £750 for injuries lasting up to two years. APIL argues that the Civil Liability Act 2018 reforms have damaged access to justice without reducing motor premiums, as motor insurers lobby to extend the tariff system to other injury types.

Setting aside a judgment for fraud (Estate of Euan McIntyre Lindsay (Deceased) v Outlook Finance Ltd)

Dispute Resolution analysis: In a recent High Court decision, the court confirmed that its equitable jurisdiction to set aside judgments procured by fraud applies even to parties who have not been complicit in the fraud. After examining the facts and taking all relevant circumstances into account, the court held that it was just and equitable to set aside a 2014 High Court judgment dismissing a claim against various defendants, in circumstances in which that judgment had been obtained by the fraudulent evidence of one of the defendants. The court rejected arguments that a retrial would be an abuse of process and that the defence of laches should apply and ordered a retrial. Written by Josephine Higgs KC, 7 King’s Bench Walk.

Mazur ruling will spark increase in costs disputes

Law360, London: On 8 December, costs lawyers said that they predict a rise in the number of costs disputes after the ruling known as Mazur, which clarified that unauthorised law firm staff cannot conduct litigation, even under supervision from a qualified solicitor.

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