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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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
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