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28 February 2025
Issue: 8106 / Categories: Legal News , Personal injury , Damages , Health , Compensation
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NLJ this week: Vicarious liability, refusal of tests & dog bites during a police chase

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Recent caselaw on vicarious liability, quantum and the process of seeking permission for a civil claim for injuries occurring while committing an imprisonable offence for which the potential claimant was later convicted, are all discussed in NLJ’s personal injury update column this week. Vijay Ganapathy, partner at Leigh Day specialising in industrial disease and complex injury cases, explores the issues in each case.

Can a claimant seek damages from the police for injuries sustained at the jaws of a police dog when he was apprehended? Should a claim be stayed unless the claimant undergoes medical testing? Was a local authority vicariously liable for abuse perpetrated by a foster carer related to the victim?

Ganapathy looks at the range of legal areas involved—the two-stage test, determining quantum and s 329, Criminal Justice Act 2003. 

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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