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A round-up of key developments and insights relating to annual care costs packages; prosthetics and orthotics; new social housing regulations; the scope of employers’ vicarious liability; causation; stays in personal injury proceedings; and lawful arrest.
Annual Survey for Hours and Earnings (ASHE) 2025 provisional figures published
In October 2025, the Office for National Statistics (ONS) published the 2025 ASHE first release data.
ASHE 6115 (Table 26.5a) is the standard occupation code that tracks care workers and home carers gross hourly pay. This is the index used to calculate the percentage increase of a claimants’ annual periodical payments in maximum severity cases.
ASHE 6115 is reporting a 6% - 7% increase across all centiles in relation to care workers gross hourly rates, save ASHE 6115 (25) which increased by 5.62%. Interestingly, the percentile most commonly used to index link periodical payments is the 80th centile of ASHE 6115 which increased by 7.25% this year, as compared with the 2024 revised figure. By comparison between 2023 and 2024 we only saw a 4.16% increase. This year’s percentage gross hourly rate increase of 7.25% is consistent with our experience of care rates inflation, although the consequential impact on damages is mitigated by a range of factors, including recruitment innovations and recent case-law criticising unrealistic care claims.
Contact: Mark Burton
Prosthetics and orthotics: international insights on clinical developments, technological advancements, and scientific research
The International Society for Prosthetics and Orthotics (ISPO) hosted its annual World Congress in Stockholm in June 2025. The event showcases the very latest clinical developments, technological advancements, and scientific research for those who have suffered limb loss. The event was attended by prosthetics manufacturers, research scientists and amputee rehabilitation clinicians from across the globe.
Contact: Stephen Foster
Related item: Insights from the International Society for Prosthetics and Orthotics 20th World Congress
Awaab’s Law: Phase 1 in force
Following the tragic death of Awaab Ishak in December 2020, the UK Government set out its plans to eradicate the hazard of damp and mould and generally improve living standards in social housing.
Initiated by the previous Conservative government, these plans have been progressed by the current Labour government and the much awaited draft non-statutory guidance for social landlords was published on 25 June 2025. This introduces the Social Housing (Prescribed Requirements) (England) Regulations 2025, also known as Awaab’s Law. As of 27 October 2025, Phase 1 of these Regulations are now in force on 27 October 2025, under which social landlords must address all emergency hazards and all damp and mould hazards that present a significant risk of harm to tenants within fixed timeframes.
Contact: Carol Dalton and Mandy Williams
Related item: Awaab’s Law – Phase 1 to come into force in October 2025
Court holds amputation not related to accident at work
Aaron Haley v Newcold Limited [16.10.2025]
Following a trial of a preliminary issue in a claim brought by Mr Haley against his former employer, Newcold Limited, the Court found that despite a severe crush injury to the claimant’s foot, the subsequent below knee amputation was not attributable to the initial accident.
Contacts: Richard McKeown and Ian Ford
Related item: Court holds amputation not related to accident at work
Scope of employers’ vicarious liability
Workplace violence
Evan S v Magiboards Limited [2025]
The well-known vicarious liability case of Mohamud v Morrison Supermarkets plc [2016] previously held that an employer was liable for the violence committed by its employee against a customer. In the recent case of Evan S v Magiboards Limited [2025] the Court was asked to consider whether an employer was liable for the violence committed by an employee against another employee. The Court held in Evans S v Magiboards Limited the employer was not primarily or vicariously liable.
Contact: Amber Jenner
Related item: High Court considers scope of employers’ liability for workplace violence
Court of Appeal confirms court powers to manage personal injury claims stayed under Part 8
MH Site Maintenance Services Ltd & Anor v Watson [2025]
The recent Court of Appeal decision in MH Site Maintenance Services Ltd & Anor v Watson [2025] confirms court powers to manage personal injury claims stayed under Part 8 of the Civil Procedure Rules (CPR).
Contact: Christopher Glynn
Related item: Court of Appeal clarification on Pre-Action Protocol claims stayed under Part 8
Court restates law on necessity for an arrest to be lawful
ALK (1) ECN (2) v The Chief Constable of Surrey Police [28.07.2025]
On 28 July 2025 Justice Bourne sitting in the High Court, handed down judgment in the appeal of ALK (1) ECN (2) v The Chief Constable of Surrey Police, restating the law on necessity for an arrest to be lawful under s24 Police and Criminal Evidence Act 1984 (PACE). This article focuses on what officers need to consider to ensure that an arrest is lawful and not open to challenge on necessity grounds.
Contacts: Tom Walshaw and Nichola Johnston
Related item: High Court decision restates the law on necessity for an arrest to be lawful