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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

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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