Supreme Court refuses permission to appeal rejection of vicarious liability claim against school over abuse by work placement individual – Local Government Lawyer

‘The Supreme Court has refused a claimant permission to appeal over the Court of Appeal’s dismissal of her claim that a school was vicariously liable for sexual abuse by an individual who had undertaken a work experience placement.’

Full Story

Local Government Lawyer, 18th January 2024

Source: www.localgovernmentlawyer.co.uk

Vicarious liability for sexual assault yet again: JXH – Law & Religion UK

Posted January 3rd, 2024 in Church of England, damages, news, sexual offences, vicarious liability by sally

‘In JXH v The Vicar, Parochial Church Council and Churchwardens of the Parish Church of Holcombe Rogus [2023] EWHC 3221 (KB), JXH claimed damages for injury and harm caused by two sexual assaults committed in the period 1979-1981 by Vickery House. The claim was brought against the parish, House having been the incumbent at the time the assaults took place. The parties were agreed that the sexual assaults had taken place, that JXH had suffered damage, including mental harm, and that the appropriate damages award would be £12,000. At the time the assaults took place, BXB was living in a “quasi-monastic” community in a cottage in the parish with two other two young men, supervised by House.’

Full Story

Law & Religion UK, 3rd January 2024

Source: lawandreligionuk.com

Vicarious Liability – where are we now? – Gatehouse Chambers

Posted November 21st, 2023 in causation, chambers articles, news, sexual grooming, vicarious liability by sally

‘Vicarious liability has been a hot topic for more than five years. Every time you look away there seems to have been a new judgment. The Supreme Court has had three goes (WM Morrison Supermarkets PLC v Various Claimants[1], Barclays Bank PLC v Various Claimants and Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB) at installing some kind of flood defences to keep the tide of vicarious liability within boundaries and each time the tide retreats a little. MXX v A Secondary School is an example of the tide retreating a little since BXB. It is a reminder that the most difficult hurdle for claimants to overcome in the two stage test of vicarious liability for non-employees is the second part of the test – the close connection.’

Full Story

Gatehouse Chambers, 20th October 2023

Source: gatehouselaw.co.uk

Vicarious liability for abuse – Law Society’s Gazette

‘Can a school be vicariously liable for abuse perpetrated against a pupil by an adult on work experience? The Court of Appeal addressed this question in the above case and, unusually, overturned some of the findings of fact of the trial judge.’

Full Story

Law Society's Gazette, 1st November 2023

Source: www.lawgazette.co.uk

MXX v A Secondary School [2023] EWCA Civ 996 – 3PB

‘In the ever-increasing cases concerning grooming/abuse, the Court of Appeal’s decision provides helpful guidance in the context of work experience employment and vicarious liability.’

Full Story

3PB, 5th September 2023

Source: www.3pb.co.uk

Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15 – Guildhall Chambers

Posted August 3rd, 2023 in chambers articles, news, rape, Supreme Court, vicarious liability by sally

‘In one of the first major decisions on vicarious liability since Barclays Bank and Morrisons, the Supreme Court has provided clarity on the limits of the doctrine.’

Full Story

Guildhall Chambers, 17th July 2023

Source: www.guildhallchambers.co.uk

Borough council not vicariously liable for abuse suffered by claimant, High Court rules – Local Government Lawyer

‘Barnsley Metropolitan Borough Council is not vicariously liable for sexual abuse inflicted on claimant DJ by an uncle who was a de facto foster parent, the High Court has found.’

Full Story

Local Government Lawyer, 27th July 2023

Source: www.localgovernmentlawyer.co.uk

Vicarious liability – what does the latest Supreme Court decision mean for employers? – Mills & Reeve

Posted July 25th, 2023 in negligence, news, rape, Supreme Court, vicarious liability by sally

‘The recent case of Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB confirmed the boundaries set by the Supreme Court, providing further clarity on the circumstances where an employer may be held vicariously liable.’

Full Story

Mills & Reeve, 24th July 2023

Source: www.mills-reeve.com

The scope of vicarious liability – Law Society’s Gazette

Posted May 16th, 2023 in negligence, news, rape, Supreme Court, vicarious liability by sally

‘The claimant was a member of the defendant’s church. She and her husband had formed a close friendship with an elder in the church. During a visit to the elder’s house in 1990, the elder raped the claimant while they were together in a room. She reported the crime to the police in 2014 and her assailant was convicted and imprisoned. She then brought a claim against the defendant alleging that it was vicariously liable for the elder’s attack on her. At first instance, the trial judge held that the defendant was vicariously liable and that decision was upheld by the Court of Appeal. The defendant then appealed to the Supreme Court.’

Full Story

Law Society's Gazette, 12th May 2023

Source: www.lawgazette.co.uk

Supreme Court rules on liability in Jehovah’s Witness rape case – Law Society’s Gazette

Posted May 2nd, 2023 in negligence, news, rape, Supreme Court, vicarious liability by tracey

‘”Deeper pockets” is not sufficient justification for extending vicarious liability “beyond its principled boundaries” the Supreme Court has found, as it ruled a congregation cannot be liable for a rape committed by one of its elders.’

Full Story

Law Society's Gazette, 2nd May 2023

Source: www.lawgazette.co.uk

New Judgment: Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15 – UKSC Blog

Posted April 27th, 2023 in law reports, news, rape, Supreme Court, vicarious liability by sally

‘In this appeal, the Supreme Court is asked to decide whether the Jehovah’s Witness organisation is vicariously liable for a rape committed by Mark Sewell, a former elder.’

Full Story

UKSC Blog, 26th April 2023

Source: ukscblog.com

Vicarious liability: Trustees of the Barry Congregation in the Supreme Court – Law & Religion UK

Posted April 27th, 2023 in news, rape, Supreme Court, vicarious liability by sally

‘Mr and Mrs B began attending the religious services of the Barry Congregation of Jehovah’s Witnesses in 1984. They made lots of friends in the congregation, among whom were Mark Sewell, his wife Mary and their children. Mark Sewell was an elder; however, he began drinking heavily and behaving inappropriately towards female members of the congregation, for example by kissing them on the lips when he greeted them. In 1990, he raped Mrs B after they had been out evangelising together and in 2014 he was convicted of her rape and of indecently assaulting two other people.’

Full Story

Law & Religion UK, 26th April 2023

Source: lawandreligionuk.com

Men jailed for murder of friend killed by rival gang in shootout – BBC News

Posted September 30th, 2022 in firearms, gangs, imprisonment, news, sentencing, vicarious liability by michael

‘Three men have each been jailed for at least 29 years for the murder of their friend killed by rivals in a shootout.’

Full Story

BBC News, 29th September 2022

Source: www.bbc.co.uk

Liability of schools for abuse by work experience student – Local Government Lawyer

‘Paul Donnelly and Samuel Dawber discuss the implications of a recent High Court case where it was found that a relationship between a school and a work experience student was insufficient to give rise to vicarious liability.’

Full Story

Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

What does UK law say about sexual harassment in the workplace? – OUP Blog

Posted May 26th, 2022 in employment, equality, harassment, news, vicarious liability by sally

‘An MP watching porn in the House of Commons and inappropriate comments made about the deputy leader of the Labour party’s legs: not even the place where our legislation is made appears to be immune from the issue of sexual harassment in the workplace.’

Full Story

OUP Blog, 25th May 2022

Source: blog.oup.com

Research Briefing: Corporate criminal liability in England and Wales – House of Commons Library

Posted February 11th, 2022 in company law, criminal justice, news, parliament, vicarious liability by tracey

‘This briefing discusses the circumstances in which corporates can commit crimes in England and Wales, setting out recent developments and proposals for reform.’

Full Story

House of Commons Library, 9th February 2022

Source: commonslibrary.parliament.uk

Rattan v Hughes – Case Note – Old Square Chambers

‘Are dental practices which service NHS General Dental Services Contracts liable for negligence by associate dentists whom they engage?’

Full Story

Old Square Chambers, 4th February 2022

Source: oldsquare.co.uk

High Court rejects claim council was vicariously liable after employee on “frolic of her own” leaked social care records – Local Government Lawyer

Posted January 31st, 2022 in data protection, employment, families, local government, news, vicarious liability by tracey

‘Luton Borough Council was not vicariously liable for the acts of an employee who leaked sensitive data about a woman and her children, in what a High Court judge called a “classic case” of the employee being on a “frolic of her own”.’

Full Story

Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Barry Bennell abuse claim falls on limitation and vicarious liability – UK Human Rights Blog

Posted January 20th, 2022 in child abuse, news, sexual offences, sport, vicarious liability by tracey

‘TVZ and Ors v Manchester City Football Club Ltd [2022] EWHC 7 (QB). Barry Bennell was a football coach who sexually abused a number of boys in the 1980s. He is serving a sentence of 34 years imprisonment and, at the age of 68, is likely to die in jail. The Claimants in this case were his victims. Mr Justice Johnson described each as a ‘remarkable’ men, courageously giving evidence and some waiving their rights to anonymity determined to do everything they could to encourage others to come forward and ensure Bennell was prosecuted and, ultimately, convicted. The issue in this case was not the veracity of their account – the judge made is explicitly clear they were believed and the Defendant did not question the fact the abuse had occurred. The dispute was whether civil liability attached to Manchester City football club for the abuse committed by Bennell. There were two fundamental hurdles for the Claimants: limitation and vicarious liability. On the particular facts, the court found that they failed to overcome both.’

Full Story

UK Human Rights Blog, 19th January 2022

Source: ukhumanrightsblog.com

Barry Bennell: Men lose case against Manchester City over abuse – BBC News

Posted January 10th, 2022 in child abuse, children, employment, news, sexual offences, sport, vicarious liability by tracey

‘Eight men who sued Manchester City after saying they were abused by paedophile Barry Bennell more than 30 years ago have lost a High Court fight.’

Full Story

BBC News, 10th January 2022

Source: www.bbc.co.uk