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Personal injury update: 30 May 2025

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Vijay Ganapathy & Claire Spearpoint discuss recent cases covering the assumption of responsibility, capacity, and the limits of without prejudice communications
  • Whether a police authority was liable for injuries suffered by a suspect who attempted suicide following release from custody,
  • Capacity and the difficult exercise faced when expert evidence is inadequate
  • The protection afforded to ‘without prejudice’ communications is not absolute.

Assumption of responsibility is an area of tort that has attracted much debate as there is no clear definition as to when it applies. As is usual, the law in this area has developed incrementally over time, with various rulings identifying specific situations in which someone could be deemed to have assumed responsibility.

Dobson (a protected party by his litigation friend Mrs Anne Dobson) v The Chief Constable of Leicestershire Police [2025] EWHC 272 (KB) centred on whether Leicestershire Police authority had assumed such a duty for Mr Dobson after he was discharged from their custody.

Mr Dobson is an insulin-dependent

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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