Appeal success for James Kinsey

January 21, 2026

James Kinsey from Exchange Chambers was recently successful in an appeal heard at Manchester County Court before HHJ Khan.

The underlying matter concerned a road traffic accident resulting in a liability only trial in the small-claims court governed by PD27B. The claim was dismissed. The judge found the Claimant had failed to rely upon a witness statement with a signed statement of truth and so could not be called to give oral evidence at trial. The case was decided on the documentary evidence alone. Without oral evidence the Claimant was unable to prove her claim.

The Claimant appealed on the basis that the decision was: wrong in law because the Claimant had relied upon a handwritten document describing the accident circumstances accompanied by a sketch which was a witness statement for the purpose of a PD27B small-claim trial; wrong in law because, in the alternative, a witness statement was not obligated by a court order and/or the Pre-Action Protocol for Personal Injuries Below the Small-Claims Limit in RTAs nor PD27B; that if the judge had a discretion to not permit oral evidence, he applied the discretion outside the generous ambit where reasonable disagreement was possible; and that the decision of the lower court was unjust as there was a serious procedural or other irregularity.

HHJ Khan allowed the appeal on all four grounds.

The decision on appeal has potential wider implications for parties handling OIC liability only claims when considering whether to upload a ‘witness statement’ in the Portal process and also in circumstances where a court order is silent as to a direction requiring witness statements.

The decision is persuasive albeit not binding in the County Court.

James was instructed by Jeanette Flaherty of Carpenters.