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22 September 2023 / Vijay Ganapathy , Catriona Ratcliffe
Issue: 8041 / Categories: Features , Personal injury
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Personal injury update: 22 September 2023

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Vijay Ganapathy & Catriona Ratcliffe discuss recent developments in vicarious liability, proving breach of duty in historical industrial disease cases, & limitation in fatal claims
  • A local council was found not vicariously liable for sexual abuse reported by a child placed in care.
  • The court ruled on whether a defendant should be held in breach in a historic asbestos exposure case involving low levels of asbestos exposure.
  • The court decided whether to exercise its discretion in a case where limitation had apparently expired before death.

Of the cases tried in recent months, three stand out as they relate to areas where the law is changing. One of these concerns vicarious liability which is an area that has seen a series of groundbreaking rulings being handed down over the last few years.

In such cases defendants are not strictly at fault themselves but, in the circumstances, it is considered ‘fair, just and reasonable’ to hold them accountable, for example, where an employer is found liable for an employee’s

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MOVERS & SHAKERS

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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