Trial and Error: How the courts ensure a fair trial for vulnerable parties

• Publication date: January 2026
• Publication: PI Focus Magazine
• Information type: Article

In January, PI Focus, a magazine issued by the Association of Personal Injury Lawyers, published an article by Richard Edwards.

Entitled ‘Trial and Error’ the article reviews the tools available to the courts to ensure that vulnerable people can attend trial and give their best evidence. In serious injury litigation Claimants will often find themselves vulnerable in some way. This can give rise to questions about their ability to give evidence. It is vital that issues of this nature are identified as soon as possible in the litigation, so that appropriate steps can be taken.

All Claimants hold the burden of proving their claim. If they cannot do that, the claim will not succeed. In the vast majority of cases, this will require the Claimant to give evidence about what happened, and about how the incident has affected them. For those coping with life changing injuries this can present particular challenges. The effects of pain killing medication may cause drowsiness. The impact of post-traumatic stress disorder may make the fear of giving evidence overwhelmingly stressful. The impact of a brain injury may give rise to untypical behavioural responses that might be misinterpreted. Confinement to a wheelchair might create issues with accessibility. These are just some examples of vulnerabilities that could require some adjustment to the normal processes for giving evidence.

It is important for people in this position to understand that the courts have the tools available to ensure that they will be able to fully participate in the proceedings and give their evidence. The system will adapt to them to ensure that this can happen. It is equally important that the lawyers acting for people in this position fully understand the guidance that is available in this area, so that the issues can be promptly identified to the court. In the article Richard describes how he did that in the case of Ashton v City of Liverpool YMCA [2023] EWHC 707 (KB). In this case the Claimant had a history of rough sleeping, significant health problems and severe addiction issues. Various steps were taken by the court to adjust the normal processes, enabling the Claimant to give her evidence at the High Court trial, that she went on to win.

Download this article

Trial by Error: PI Focus Magazine January 2026 (PDF: 182 KB)

This article does not represent legal advice. All claimants require specialist bespoke advice about their own individual claims from expert lawyers. If you require advice about any issue covered by this article, please contact our offices and ask to speak to Richard Edwards.