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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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Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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