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30 May 2025
Issue: 8118 / Categories: Legal News , Personal injury , Mental health , Expert Witness , Liability
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NLJ this week: ‘Without prejudice’, assumption of responsibility & capacity

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What protection is afforded to ‘without prejudice’ communications? This, and other conundrums are among the issues raised in recent personal injury caselaw. In this week’s NLJ, Vijay Ganapathy and Claire Spearpoint, both partners, Leigh Day, round up the latest important cases for practitioners

First up, assumption of responsibility is a much-debated area of tort. The authors discuss the difficult case of Dobson, where the court had to decide whether a police authority was liable for life-changing injuries sustained by a man who attempted suicide after release from custody. The man was brought in as he had threatened to kill himself, and the police arranged for a mental health assessment.

Ganapathy and Spearpoint cover assessment of capacity where the expert evidence was considered inadequate. Finally, they look at a case on the protective status of a ‘without prejudice’ letter in a motorcycle crash case where there were allegations of fundamental dishonesty—'a reminder that the without prejudice protection, while broad, is not absolute’. 

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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