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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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