Category: vicarious liability

Vicarious liability: The Supreme Court speaks – UK Human Rights Blog

Posted March 9th, 2016 in assault, negligence, news, prisons, Supreme Court, vicarious liability by tracey

‘Two important Supreme Court judgments concerning vicarious liability were handed down last week. Mohamud v WM Morrison Supermarkets [2016] UKSC 11 affirms the “close connection” test set out in Lister v Hesley Hall Ltd [2001] UKHL 22 and rejects the formulation of a new test for vicarious liability based on “representative capacity”. Cox v Ministry of Justice [2016] UKSC 10 extends the sorts of relationships where a defendant can be made vicariously liable for the conduct of an individual and evaluates Various Claimants v Catholic Child Welfare Society [2012] UKSC 56 (the ‘Christian Brothers’ case).’

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UK Human Rights Blog, 8th March 2016

Source: www.ukhumanrightsblog.com

Supermarket ‘vicariously liable’ for employee’s assault on a customer – OUT-LAW.com

Posted March 4th, 2016 in assault, news, vicarious liability by tracey

‘A supermarket was “vicariously liable” for the actions of its employee, who punched a customer in a seemingly unprovoked attack, the UK’s highest court has ruled.’

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OUT-LAW.com, 3rd March 2016

Source: www.out-law.com

Court of Appeal rules on liability of councils for foster care abuse – Local Government Lawyer

Posted November 16th, 2015 in child abuse, fostering, local government, negligence, news, vicarious liability by sally

‘The Court of Appeal has handed down a key ruling on the liability of councils for foster care abuse, concluding that local authorities do not owe a child in such care a non-delegable duty.’

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Local Government Lawyer, 12th November 2015

Source: www.localgovernmentlawyer.co.uk

Personal injury Newsletter – Thirty Nine Essex Street

Posted March 19th, 2015 in asbestos, costs, damages, news, personal injuries, vicarious liability by sally

Personal Injury Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Graham v Commercial Bodyworks Ltd – WLR Daily

Posted February 11th, 2015 in appeals, employment, fire, law reports, personal injuries, vicarious liability by sally

Graham v Commercial Bodyworks Ltd [2015] EWCA Civ 47; [2015] WLR (D) 50

‘Where an employee, while at work, had perpetrated against his friend and colleague what was apparently intended to be a prank, by putting highly inflammable thinning agent on to his clothes and then igniting them, the employer was not vicariously liable.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

Multiple Defendants: Who to sue? – Cloisters

Posted November 18th, 2014 in causation, costs, joint liability, news, prosecutions, vicarious liability by sally

‘Claims involving multiple defendants are often complex in terms of the facts, the law and the expert medical evidence. They are claims that we all have some experience of, and the issues involved have no doubt troubled us all to a greater or lesser degree at times.’

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Cloisters, 3rd October 2014

Source: www.cloisters.com

Mohamud v W M Morrison Supermarkets plc – WLR Daily

Posted February 17th, 2014 in assault, employment, law reports, vicarious liability by sally

Mohamud v W M Morrison Supermarkets plc [2014] EWCA Civ 116; [2014] WLR (D) 68

‘Where an employee’s duties included interaction with customers but did not involve any element of keeping public order or exercising authority over them, the employer was not vicariously liable for an assault by the employee on a customer. The mere fact of contact between a sales assistant and a customer, which was plainly authorised by an employer, was not of itself sufficient to fix the employer with vicarious liability.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Is Fairchild a Leading case of the Common Law? – The Inner Temple

Posted January 30th, 2014 in asbestos, duty of care, insurance, judgments, law reports, negligence, news, personal injuries, precedent, speeches, vicarious liability by sally

Is Fairchild a Leading case of the Common Law? (PDF)

Per Laleng, Inner Temple Academic Fellow, University of Kent

The Inner Temple, 20th January 2014

Source: www.innertemple.org.uk

Gas company vicariously liable for database rights infringement by staff – OUT-LAW.com

Posted October 21st, 2013 in copyright, damages, database right, energy, news, privacy, vicarious liability by sally

“The market leader in the sale of liquid propane gas (LPG) in the UK has been found vicariously liable for the infringement of database rights belonging to a rival.”

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OUT-LAW.com, 18th October 2013

Source: www.out-law.com

“All Money” Guarantees Mean What They Say – Littleton Chambers

Posted July 31st, 2013 in banking, contracts, guarantees, interpretation, news, vicarious liability by sally

“On 9 July I looked at a Court of Appeal decision which showed that it remained arguable that a change in the arrangements between a creditor and the principal debtor might so alter the subject matter of what was guaranteed as to discharge the guarantor. This week comes a timely reminder that the first and fundamental step is to construe the contract to see what obligations are covered by the guarantee.”

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Littleton Chambers, 19th July 2013

Source: www.littletonchambers.com

Brain-damaged claimant fails in Article 8 claim against Council – UK Human Rights Blog

Posted July 3rd, 2013 in care homes, disabled persons, human rights, local government, news, personal injuries, time limits, vicarious liability by sally

“On 29 May 2004, Bradley Bedford, then aged 13, was beaten senseless by one AH, then 15, whom he had the misfortune to encounter entirely by chance near the seaside in Torbay. AH was in a children’s home there which was contracted to the Defendant Council; AH was a ‘looked after’ child under section 20 of the Children Act 1989. Bradley sued the Council for failing to protect him. His claim was limited to one under the Human Rights Act, and Article 8 ECHR in particular.”

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UK Human Rights Blog, 2nd July 2013

Source: www.ukhumanrightsblog.com

Civil courts not open to attempts to re-run criminal trials – UK Human Rights Blog

Posted June 28th, 2013 in abuse of process, civil justice, intelligence services, news, torture, vicarious liability by tracey

“Salahuddin Amin v Director General of MI5, Chief of MI6, the FCO, the Home Office and the Attorney General- [2013] EWHC 1579 (QB). Do not be misled by the impressive cast list of defendants in this case it means simply that the claimant was attempting to attack the integrity of his criminal conviction via the civil courts.”

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UK Human Rights Blog, 27th June 2013

Source: www.ukhumanrightsblog.com

Devout Christian awarded £100k in Blu-Tack sexual harassment case – Daily Telegraph

Posted June 10th, 2013 in Christianity, employment tribunals, harassment, local government, news, sex discrimination, vicarious liability by sally

“A council has been forced to pay a devout Christian more than £100,000 after colleagues stuck mini models of male genitalia made of Blu-Tack on her telephone.”

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Daily Telegraph, 7th June 2013

Source: www.telegraph.co.uk

High Court backs solicitors in mortgage fraud case – Legal Futures

Posted June 3rd, 2013 in fraud, insurance, mortgages, news, solicitors, vicarious liability by sally

“The defence protecting honest solicitors duped by mortgage fraudsters that was erected by the Court of Appeal last year has been reinforced by the High Court.”

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Legal Futures, 3rd June 2013

Source: www.legalfutures.co.uk

Tailoring the law on vicarious liability – Lord Hope of Craighead

Posted April 25th, 2013 in child abuse, education, employment, news, speeches, vicarious liability by sally

Tailoring the law on vicarious liability (PDF)

Lecture by Lord Hope of Craighead

Lord Taylor Memorial Lecture, Inner Temple, 23rd April 2013

Source: www.supremecourt.gov.uk

Whistleblowers to be protected from harassment from co-workers – The Guardian

Posted February 22nd, 2013 in bills, employment tribunals, harassment, news, vicarious liability, whistleblowers by sally

“Whistleblowers are to be protected from harassment and bullying from co-workers after criticism that current legislation fails to protect those who speak out.”

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The Guardian, 21st February 2013

Source: www.guardian.co.uk

Can Google be sued for the content of blogs on its platform? – UK Human Rights Blog

Posted February 18th, 2013 in defamation, internet, news, publishing, vicarious liability by sally

“The Court of Appeal has ruled that in principle, an internet service provider that allowed defamatory material to remain on a blog hosted on its platform after it had been notified of a complaint might be a ‘publisher’ of this material, although in this case the probable damage to the complainant’s reputation over a short period was so trivial that libel proceedings could not be justified.”

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UK Human Rights Blog, 17th February 2013

Source: www.ukhumanrightsblog.com

Various Claimants v Catholic Child Welfare Society and others – WLR Daily

Posted November 23rd, 2012 in child abuse, education, employment, law reports, vicarious liability by tracey

Various Claimants v Catholic Child Welfare Society and others: [2012] UKSC 56;   [2012] WLR (D)  335

“A lay Catholic teaching order whose brother members were assigned by it to teach at various schools was jointly vicariously liable with the school management body for acts of physical and sexual abuse committed by the brothers while employed by the school management body at a residential school.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

Employer liable for “gay and proud” Facebook status hijack of ex-employee by colleagues – OUT-LAW.com

Posted July 23rd, 2012 in employment tribunals, harassment, internet, news, professional conduct, sexual orientation discrimination, unfair dismissal, vicarious liability by tracey

“A company can be liable for unwanted comments made on the Facebook account of an employee by colleagues, providing that the actions ‘fall within the course of employment’, an employment tribunal has found.”

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OUT-LAW.com, 20th July 2012

Source: www.out-law.com

E v English Province of Our Lady of Charity and another – WLR Daily

Posted July 16th, 2012 in appeals, child abuse, clergy, employment, law reports, vicarious liability by sally

E v English Province of Our Lady of Charity and another [2012] EWCA Civ 938; [2012] WLR (D) 204

“In a case in which a Roman Catholic parish priest was said to have abused a young girl, and the question arose, as to potential vicarious liability, whether he was an employee, independent contractor, or in some other manner to be considered akin to an employee, the law as to vicarious liability was to be extended such that the question should be approached in a broader way, and also by reference to several tests, looking, inter alia, to whether the applicable status was akin to employment, and whether it would be just and fair to impose vicarious liability.”

WLR Daily, 12th July 2012

Source: www.iclr.co.uk