Category: vicarious liability

Vicarious liability — the new boundary dispute – UK Human Rights Blog

Posted April 7th, 2020 in appeals, banking, class actions, damages, doctors, employment, human rights, news, professional conduct, sexual offences, Supreme Court, vicarious liability by sally

‘In the Christian Brothers case Lord Phillips of famously declared that “the law of vicarious liability is on the move”. The recent decision of the Supreme Court in Barclays Bank v. Various Claimants [2020] UKSC 13 has brought that movement to a juddering halt. The question posed by the appeal was a simple one. Is it possible to be vicariously liable for the acts of a self-employed ‘independent contractor’? The answer the Court gave in this case was ‘no’.’

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UK Human Rights Blog, 3rd April 2020

Source: ukhumanrightsblog.com

New Judgment: WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 – UKSC Blog

Posted April 7th, 2020 in appeals, data protection, employment, news, Supreme Court, vicarious liability by sally

‘This appeal concerns the circumstances in which an employer is vicariously liable for wrongs committed by its employees, and also whether vicarious liability may arise for breaches by an employee of duties imposed by the Data Protection Act 1998.’

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UKSC Blog, 1st April 2020

Source: ukscblog.com

New Judgment: Barclays Bank Plc v Various Claimants [2020] UKSC 13 – UKSC Blog

Posted April 6th, 2020 in appeals, banking, class actions, damages, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘In this appeal, the Supreme Court is asked to decide whether Barclays Bank is vicariously liable for sexual assaults allegedly committed between 1968 and about 1984 by the late Dr Gordon Bates. Dr Bates was a self-employed medical practitioner with a portfolio practice. His work included conducting medical assessments and examinations of prospective Barclays employees. Barclays required job applicants to pass a pre-employment medical examination as part of its recruitment and employment procedures.’

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UKSC Blog, 1st April 2020

Source: ukscblog.com

Barclays not liable for alleged sexual assaults during medicals, court rules – The Guardian

Posted April 2nd, 2020 in appeals, banking, damages, doctors, employment, news, sexual offences, Supreme Court, vicarious liability by sally

‘Barclays is not liable for the alleged sexual assault of more than 100 patients by a doctor carrying out medicals on the bank’s behalf, the supreme court has ruled.’

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The Guardian, 1st April 2020

Source: www.theguardian.com

Morrisons not liable for massive staff data leak, court rules – The Guardian

Posted April 2nd, 2020 in appeals, compensation, data protection, disclosure, news, Supreme Court, vicarious liability by sally

‘The UK’s highest court has ruled that Morrisons should not be held liable for the criminal act of an employee with a grudge who leaked the payroll data of about 100,000 members of staff.’

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The Guardian, 1st April 2020

Source: www.theguardian.com

Landmarks in law: the office Christmas party that ended in court – The Guardian

Posted December 19th, 2019 in accidents, alcohol abuse, appeals, assault, compensation, duty of care, employment, news, vicarious liability by sally

‘t’s Christmas party season, which for many workers means pulling on their festive jumpers and having a few glasses of warm prosecco with colleagues at the office bash. But the fun can sometimes leave bosses with more than just a headache the following day, when the behaviour of their employees lands them in court.’

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The Guardian, 19th December 2019

Source: www.theguardian.com

Levitt v Euro Building & Maintenance Contractors Limited (1) Dual Oliva Limited (2) [2019] EWHC 2926 (QB) – 12 King’s Bench Walk

Posted December 2nd, 2019 in construction industry, grievous bodily harm, news, personal injuries, vicarious liability by sally

‘A claim relating to an unlawful trespass to the Claimant’s person that occurred on 26 October 2014. During the course of their work, three sub-contractors engaged on a construction site by First Defendant, namely the Claimant, Kieran Fowler and Alan Fowler, became involved in an argument concerning their work. The incident started as verbal argument on a scaffold and culminated a few minutes later (off the scaffold) with Kieran Fowler striking the Claimant violently over the head with a scaffolding pole. As a result, the Claimant sustained a right-sided subdural haemorrhage, a subarachnoid haemorrhage, and extensive skull fractures. Following the incident Kieran Fowler was convicted of causing Grievous Bodily Harm and sentenced to 12 years in prison. The Claimant’s case was that the First Defendant were vicariously liable for the actions of Kieran Fowler. The Second Defendant was the insurer of the First Defendant.’

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12 King's Bench Walk, 20th November 2019

Source: www.12kbw.co.uk

Case Preview: WM Morrisons Supermarkets plc v Various Claimants – UKSC Blog

Posted November 6th, 2019 in computer crime, data protection, news, Supreme Court, vicarious liability by sally

‘On 6 and 7 November 2019, the Supreme Court will hear Morrison’s appeal from the ruling of the Court of Appeal, in a data breach claim brought by 5,500 employees. The claim raises important questions of employee liability for the actions of rogue employees. It is one of a series of large cases which are working their way through the Courts (including claims against Google and British Airways), which each illustrate the increasing risks businesses face from group claims/class actions, arising from data protection breaches.’

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UKSC Blog, 5th November 2019

Source: ukscblog.com

Facebook postings and vicarious liability of employers – Local Government Lawyer

Posted August 30th, 2019 in appeals, disciplinary procedures, employment, employment tribunals, equality, harassment, internet, news, racism, vicarious liability by sally

‘Charles Pigott examines an Employment Appeal Tribunal ruling that racially offensive Facebook posting was not done in the course of employment.’

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Local Government Lawyer, 30th August 2019

Source: www.localgovernmentlawyer.co.uk

Defamation and church discipline: Otuo – Law and Religion UK

Posted June 24th, 2019 in Christianity, defamation, disciplinary procedures, fraud, interpretation, loans, news, ultra vires, vicarious liability by tracey

‘In Otuo v Watch Tower Bible and Tract Society of Britain [2019] EWHC 1349 (QB), Mr Otuo had been “disfellowshipped” by the Jehovah’s Witnesses and an announcement to that effect had been made at a meeting of the Wimbledon Congregation [1 & 2]. Further, during a meeting at which he sought to be reinstated, he had recorded surreptitiously one of those present making what he alleged to be a defamatory statement.’

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Law and Religion UK, 20th June 2019

Source: www.lawandreligionuk.com

Vicarious liability not a “one-way street” for accident victims – Litigation Futures

Posted April 12th, 2019 in accidents, compensation, employment, health & safety, negligence, news, personal injuries, standards, vicarious liability, victims by sally

‘Assessing the demands of social justice in cases involving vicarious liability is “not a one-way street” for accident victims, a High Court judge has said.’

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Litigation Futures, 11th April 2019

Source: www.litigationfutures.com

Court of Appeal considers fraud vicarious liability test – OUT-LAW.com

Posted November 20th, 2018 in agency, fraud, misrepresentation, news, vicarious liability by sally

‘The Court of Appeal has overturned a finding of the High Court of fraudulent misrepresentation against a postal equipment supplier, on the grounds that it was not ‘vicariously liable’ for the dishonesty of its agent.’

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OUT-LAW.com, 19th November 2018

Source: www.out-law.com

Employer liability for criminal data breach by rogue employee – Technology Law Update

Posted October 29th, 2018 in data protection, employment, misuse of private information, news, vicarious liability by sally

‘Organisations that hold and process personal data have already had to contemplate the prospect of €20 million fines for not matching up to the requirements of the GDPR. Now the Court of Appeal has given a ruling that presents another type of exposure risk where personal data is concerned. Upholding a High Court decision given in November 2017, this second ruling confirms that an employer can be liable for the actions of a rogue employee in exposing the private information of thousands of other members of staff.’

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Technology Law Update, 26th October 2018

Source: www.technology-law-blog.co.uk

Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214: Vicarious liability for assault considered in the Court of Appeal – Zenith PI

Posted October 24th, 2018 in appeals, assault, employment, news, personal injuries, vicarious liability by tracey

‘This case was heard recently in the Court Of Appeal before Lord Justice Erwin, Lord Justice Moylan and Lady Justice Asplin. Lady Justice Asplin gave the leading judgment
with which the Lord Justices agreed. However, Lord Justice Erwin was keen to emphasise at paragraph 37, “how unusual are these facts and how limited will be the parallels to this case”.’

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Zenith PI, 23rd October 2018

Source: zenithpi.wordpress.com

Vicarious liability for data breaches: Court of Appeal dismisses Morrisons’ challenge – Panopticon

Posted October 23rd, 2018 in appeals, class actions, compensation, confidentiality, data protection, disclosure, employment, fraud, news, vicarious liability by sally

‘Large-scale civil litigation is one of the developing contours of data protection law. Last week’s judgment in Lloyd v Google – a novel representative action based on allegedly unlawful processing activities – is one illustration. When it comes to group litigation on the back of a data breach, our best illustration thus far is the groundbreaking group action against Morrisons.’

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Panopticon, 22nd October 2018

Source: panopticonblog.com

Morrisons loses data leak challenge – BBC News

Posted October 23rd, 2018 in appeals, class actions, compensation, confidentiality, data protection, disclosure, employment, fraud, news, sentencing, vicarious liability by sally

‘Morrisons has lost its challenge to a High Court ruling that it is liable for a data breach that saw thousands of its employees’ details posted online.’

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BBC News, 22nd October 2018

Source: www.bbc.co.uk

Court dismisses claim duty of care is owed to employees in litigation – OUT-LAW.com

Posted July 30th, 2018 in duty of care, employment, news, police, Supreme Court, vicarious liability by sally

‘Employers do not owe their employees a duty of care in the way they defend claims that they are vicariously liable for actions of those employees, the UK Supreme Court has ruled.’

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OUT-LAW.com, 27th July 2018

Source: www.out-law.com

Vicarious liability: Banking on bright lines – UK Human Rights Blog

Posted July 24th, 2018 in banking, medical treatment, news, sexual offences, vicarious liability by tracey

‘A bank requires its would-be recruits and some of its existing employees to undergo a medical. It sends them to the home of one particular, self-employed doctor. There, they undergo a medical examination, unaccompanied by anyone from the bank. The doctor completes the bank’s proforma examination form, headed with its logo and entitled “Barclays Confidential Medical Report”. The form is detailed. It includes sections on chest “Inspiration” and “Expiration”, “Abdomen (including Genito-Urinary System)”. It contains a section for “Female applicants only”, asking whether they have suffered from menstrual or pregnancy disorders. The doctor – Gordon Bates – subsequently dies. A large group of women sue the bank alleging that it is liable for sexual assaults carried out by the doctor during the examinations. The question for the Court of Appeal in Barclays Bank plc v Various Claimants [2018] EWCA Civ 1670 was whether the bank could be vicariously liable.’

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UK Human Rights Blog, 24th July 218

Source: ukhumanrightsblog.com

Case Preview: James-Bowen & Ors v Commissioner of the Police for the Metropolis – UK Supreme Court Blog

Posted April 9th, 2018 in duty of care, economic loss, misfeasance in public office, news, police, Supreme Court, vicarious liability by tracey

‘Does a person who is sued in civil litigation for the alleged misconduct of her employees (or others for whom she is vicariously liable) owe a duty of care to avoid causing those employees or “quasi-employees” financial loss arising from the conduct of the person’s defence?.’

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UK Supreme Court Blog, 3rd April 2018

Source: ukscblog.com

Ministry of Justice not liable for clinical negligence in prison – UK Human Rights Blog

Posted February 27th, 2018 in health, human rights, Ministry of Justice, negligence, news, personal injuries, prisons, vicarious liability by tracey

‘In Razumas v Ministry of Justice [2018] EHWC 215 a prisoner who had made a claim for clinical negligence against the Ministry of Justice, rather than against the specific health care provider, had his claim dismissed.’

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UK Human Rights Blog, 26th February 2018

Source: ukhumanrightsblog.com