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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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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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