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NLJ this week: Vicarious liability, refusal of tests & dog bites during a police chase

28 February 2025
Issue: 8106 / Categories: Legal News , Personal injury , Damages , Health , Compensation
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Recent caselaw on vicarious liability, quantum and the process of seeking permission for a civil claim for injuries occurring while committing an imprisonable offence for which the potential claimant was later convicted, are all discussed in NLJ’s personal injury update column this week. Vijay Ganapathy, partner at Leigh Day specialising in industrial disease and complex injury cases, explores the issues in each case.

Can a claimant seek damages from the police for injuries sustained at the jaws of a police dog when he was apprehended? Should a claim be stayed unless the claimant undergoes medical testing? Was a local authority vicariously liable for abuse perpetrated by a foster carer related to the victim?

Ganapathy looks at the range of legal areas involved—the two-stage test, determining quantum and s 329, Criminal Justice Act 2003. 

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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