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NLJ this week: ‘Without prejudice’, assumption of responsibility & capacity

30 May 2025
Issue: 8118 / Categories: Legal News , Personal injury , Mental health , Expert Witness , Liability
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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

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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