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NLJ this week: Vicarious liability, refusal of tests & dog bites during a police chase

28 February 2025
Issue: 8106 / Categories: Legal News , Personal injury , Damages , Health , Compensation
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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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