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28 February 2025 / Vijay Ganapathy
Issue: 8106 / Categories: Features , Personal injury , Damages , Compensation , Health
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Personal injury update: 28 February 2025

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Vijay Ganapathy discusses some key decisions in personal injury which will provide important guidance for future cases
  • Whether a local authority was vicariously liable for abuse perpetrated by a foster carer related to the victim.
  • Whether a claim should be stayed unless the claimant underwent medical testing.
  • Whether to give a claimant permission to seek damages from the police for an injury he sustained when he was apprehended by them.

Since the last update, a variety of issues have made their way to trial. One is vicarious liability, which has shown a pattern of expansion since the start of the century.

This is particularly so for cases involving abuse; for the recent ruling in DJ v Barnsley Metropolitan Borough Council and another [2024] EWCA Civ 841, the Court of Appeal considered whether the local authority was vicariously liable for abuse the claimant (DJ) suffered as a child by a foster parent who was also his uncle. The lower court’s judgment of this case was discussed in ‘Personal injury update: 22 September 2023’, 173

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Anthony Collins—20 promotions

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NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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