Vicarious liability – ‘on the move’ no longer – Parklane Plowden

‘For the last 20 years the boundaries of vicarious liability have expanded. In this article Roger Quickfall discusses how the Supreme Court has brought much needed clarity.’

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Parklane Plowden, 7th April 2020

Source: www.parklaneplowden.co.uk

Serious sexual offences involving Medical professionals: Catherine Silverton shares 18 years’ of trial experience – Park Square Barristers

‘Sexual allegations can be distinguished from criminal allegations of other types by virtue of often being prosecuted purely on the basis of one person’s word. There are invariably no witnesses to the interaction between the Complainant and Defendant during which the alleged offence is said to have been committed. There is very rarely any physical or scientific evidence capable of proving or refuting the allegation. No circumstantial evidence. No technological evidence. Sexual allegations are increasingly made weeks, months or even years after the alleged event, by which time delay has frayed memories on all sides which leaves nothing but word against word.’

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Park Square Barristers, 7th April 2020

Source: www.parksquarebarristers.co.uk

High Court overturns decision not to prosecute rape allegation – UK Human Rights Blog

‘The Divisional Court has recently handed down a novel decision in R (FNM) v DPP, considering the right of complainants to a fair opportunity to make representations to the Director for Public Prosecutions (“DPP”), and for those representations to be considered, when conducting a review under the Victims’ Right to Review Scheme (“the VRR Scheme”).’

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UK Human Rights Blog, 14th April 2020

Source: ukhumanrightsblog.com

Vicarious liability (and data protection): two cases – Six Pump Court

‘Morrisons, heard recently in the Supreme Court, concerns vicarious liability for a rogue data controller. Together with another Supreme Court case, Barclays Bank, these two cases cover all the key issues.’

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Six Pump Court, 8th April 2020

Source: www.6pumpcourt.co.uk

Four men jailed in first year since upskirting law was introduced – The Guardian

‘Four men have been jailed in the year since the upskirting law was introduced in England and Wales, figures show.’

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The Guardian, 11th April 2020

Source: www.theguardian.com

The Non-Disclosure and Barring Service: Victim Access to Information – Panopticon

‘If you believe that an individual who works with children sexually assaulted you, but was never prosecuted for that allegation, it is understandable that you might wish to know whether that person has been placed on the formal list of persons barred from engaging in regulated activity with children, run by the Disclosure and Barring Service (“DBS”). But it is also understandable why the DBS might not wish to tell you (and thereby the public at large) who is or is not barred, and even more so why the individual accused would not wish that to be revealed. Who’s rights win out?’

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Panopticon, 8th April 2020

Source: panopticonblog.com

EP 106: Vicarious Liability – Robert Kellar QC & Isabel McArdle – Law Pod UK

‘Robert Kellar QC and Isabel McArdle of 1 Crown Office Row discuss with Rosalind English the latest Supreme Court rulings rejecting the liability of Barclays Bank for the wrongdoings of an independent contractor, on the one hand, and the liability of Morris’s Supermarket for the breach of data protection laws by one of its employees, on the other. Are enterprises to be shielded from the risks created by persons they commission to perform certain tasks?’

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Law Pod UK, 9th April 2020

Source: audioboom.com

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

‘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

Ex-detective who preyed on women given suspended sentence to care for son – The Guardian

‘A former detective constable who admitted inappropriate contact with women he met in the course of his duties has been given a suspended sentence after a judge heard that no one else could care for his one-year-old child during the coronavirus lockdown.’

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The Guardian, 6th April 2020

Source: www.theguardian.com

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

‘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

‘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

Serial attacker jailed for London sexual assault while on licence – The Guardian

Posted March 31st, 2020 in imprisonment, news, rape, sentencing, sexual offences by sally

‘A serial sexual predator has been jailed for eight years for stalking and sexually assaulting a woman while on licence.’

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The Guardian, 30th March 2020

Source: www.theguardian.com

Paedophile couple who met on Tinder jailed for 48 years after ‘sinking to depths of depravity’ – Daily Telegraph

‘A paedophile couple who met on Tinder have been jailed for 48 years after “sinking to the depths of depravity” to satisfy their own sexual urges.’

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Daily Telegraph, 24th March 2020

Source: www.telegraph.co.uk

Jhuti in the context of unfair dismissal proceedings – 3PB

‘The Claimant (“C”), at the time of his dismissal, had worked for the Respondent (“R”) for a number of years and was employed as a Deputy Team Leader in the family intervention programme. He had been seconded however to a role within the Acton Team as a Support Worker. The complainant, referred to in the Judgment as “SR”, was a university student who was undertaking a 3-month work placement with R within the Ealing Team. She had shadowed C on 2 occasions but wasn’t mentored or supervised by him.’

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3PB, 2nd March 2020

Source: www.3pb.co.uk

Secret policy change by CPS cut number of rape trials, high court told – The Guardian

‘A legal challenge over alleged changes to Crown Prosecution Service policy on bringing charges in rape cases has been dismissed by the high court.’

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The Guardian, 17th March 2020

Source: www.theguardian.com

Lie detectors should be used to monitor sex offenders, UK study says – The Guardian

Posted March 18th, 2020 in deceit, lie detectors, news, police, probation, recidivists, sexual offences by sally

‘Mandatory testing with a polygraph, or lie-detector, should be introduced to monitor convicted sex offenders undergoing police supervision, according to university research commissioned by police chiefs.’

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The Guardian, 18th March 2020

Source: www.theguardian.com

Sexual predator jailed for luring aspiring models to free photoshoot where he would drug and molest them – Daily Telegraph

Posted March 17th, 2020 in assault, false imprisonment, news, sentencing, sexual offences by sally

‘A serial sexual abuser has been jailed for luring aspiring models to photoshoots where he would ply them with drugged alcohol, wait for them to pass out and assault them.’

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Daily Telegraph, 14th March 2020

Source: www.telegraph.co.uk

Ealing rape victim’s family donate £10,000 to legal claim against CPS – The Guardian

‘The family of Jill Saward, the Ealing rape victim who became a leading figure in the fight against sexual violence, has donated thousands of pounds to a legal challenge against the Crown Prosecution Service.’

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The Guardian, 14th March 2020

Source: www.theguardian.com

Child sex abuser given ‘preferential treatment’, says damning report – The Guardian

‘A top civil servant and a senior member of the royal household have both been criticised in an official report examining attempts by a victim of child sex abuse to have his abuser stripped of an honour.’

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The Guardian, 14th March 2020

Source: www.theguardian.com

CPS failed to tell inspectors of internal review revealing rape case failings – The Guardian

‘The Crown Prosecution Service conducted a secret internal review that exposed its failings in rape cases – but failed to share it with inspectors who were conducting an official inquiry for a major government investigation into rape, the Guardian can reveal.’

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The Guardian, 15th March 2020

Source: www.theguardian.com