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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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