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

Barry Bennell: Victim secures settlement from holiday park – BBC News

‘A man groomed by paedophile Barry Bennell while on holiday at Butlin’s has secured a five-figure settlement from the company’s previous owners.’

Full Story

BBC News, 5th January 2022

Source: www.bbc.co.uk

Vicarious liability for sexual abuse again: Hugh Kennedy – Law & Religion UK

Posted December 16th, 2021 in clergy, news, Scotland, sexual offences, teachers, trusts, vicarious liability by sally

‘In Hugh Kennedy against (First) The Right Reverend Paul Bonnici, (Second) The Right Reverend James Warren Cuthbert Madden and (Third) Denis Alexander [2021] ScotCS CSOH 106, the pursuer brought an action for personal injury as a consequence of alleged sexual and physical abuse which, he averred, he had suffered while he was a boarder in the mid-1970s at Fort Augustus Boarding School. The school, which was run by a Benedictine community, had closed nearly 30 years ago, the trust associated with the community’s Abbey had been wound up some ten years ago and the then trustees may have been discharged. The trustees at the material time were all dead. The pursuer averred that, nevertheless, the then trustees had held indemnity insurance in respect of his claim and he sued the two surviving trustees for the purposes of meeting his claim from the trust estate comprised of the (presumed) right of indemnity under that insurance [1]. He claimed that the third defender, Denis Alexander, a monk and teacher at the school, had been his principal abuser and that he had also been abused by two lay teachers, both now dead [2]. In July 2021, Alexander had been convicted inter alia of lewd and libidinous conduct against the pursuer [4] and sentenced to four years and five months imprisonment.’

Full Story

Law & Religion UK, 14th December 2021

Source: lawandreligionuk.com

Ruling highlights risk of personal liability of partners in dental practices – OUT-LAW.com

Posted September 16th, 2021 in contracts, dentists, negligence, news, partnerships, self-employment, vicarious liability by tracey

‘A recent preliminary judgment by the High Court in London provides a stark reminder of the potential exposure for personal liability faced by partners in dental practices and the need for appropriate contractual protections to mitigate those risks.’

Full Story

OUT-LAW.com, 15th September 2021

Source: www.pinsentmasons.com

Vicarious Liability and the Non-Delegable Duty in the Context of Dental Negligence Claims: Hughes v Rattan – Ropewalk Clinical Negligence Blog

‘For several years in the 2000s and 2010s, the law relating to vicarious liability and non-fault liability more generally was “on the move”. However, in the last couple of years, the case law dealing with non-fault liability has been far less fruitful for claimants (e.g. Barclays Bank Plc v Various Claimants [2020] UKSC 13; SKX v Manchester City Council [2021] EWHC 782 (QB)). So the decision of Heather Williams QC (sitting as a Deputy High Court Judge) in the case of Hughes v Rattan [2021] EWHC 2032 (QB) provides an early sign that the tide may be turning back in favour of claimants, at least in the context of medical negligence claims.’

Full Story

Ropewalk Clinical Negligence Blog, 7th September 2021

Source: www.ropewalk.co.uk

Dental Negligence, Vicarious Liability and Non-Delegable Duty: A Test Case – UK Human Rights Blog

‘In Hughes v Rattan [2021] EWHC 2032 (QB), the High Court was asked to answer the following question. Was the owner of a dental practice liable for the dental negligence of a self-employed dentist engaged to work in the practice? The claim arose from NHS care provided by three different associate dentists. The preliminary issue was whether the practice owner was liable by reason of: a) a non-delegable duty of care; or b) vicarious liability. The Court answered: “yes” and “yes”.’

Full Story

UK Human Rights Blog, 6th August 2021

Source: ukhumanrightsblog.com

Getting everything you bargained for: X v Kuoni Travel Limited [2021] UKSC 34 determines the scope of ‘holiday arrangements’ in Package Travel claims – Devereux Chambers

‘In an important case for package travel claims, the Supreme Court has clarified that a broad approach should be taken to determining the scope of the services provided under a package holiday contract. The tour operator is liable for the performance of ancillary services which are necessary to provide a holiday of the required standard.’

Full Story

Devereux Chambers, 3rd August 2021

Source: www.devereuxchambers.co.uk

Jehovah’s Witnesses congregation vicariously liable – UK Human Rights Blog

Posted March 25th, 2021 in causation, news, psychiatric damage, rape, vicarious liability by sally

‘In The Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356, the Court of Appeal has offered further guidance on vicarious liability following Supreme Court decisions last year in VM Morrison Supermarkets PLC v Various Claimants [2020] UKSC 12 and Barclays Bank v Various Claimants [2020] UKSC 13.’

Full Story

UK Human Rights Blog, 25th March 2021

Source: ukhumanrightsblog.com

Vicarious liability for rape: Barry Congregation of JWs – Law & Religion UK

‘In Barry Congregation of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356, Mrs B and her husband had attended the Kingdom Hall in Barry and in 1986 Mrs B was baptised as a Jehovah’s Witness. They became friendly with another couple, Mark and Mary Sewell. Mark Sewell was a ministerial servant and subsequently became an elder. On 30 April 1990, Sewell raped Mrs B in a room in his house – and that fact was undisputed. In 2014, Sewell was convicted of raping Mrs B and of indecently assaulting a girl aged under 14, CXC, and another individual and sentenced to 14 years’ imprisonment. Mrs B sued the Watch Tower Bible and Tract Society of Pennsylvania and the Trustees of the Barry Congregation and, at first instance, Chamberlain J held them vicariously liable for her rape. (He also determined that it was equitable to extend the time to allow the claims to proceed, pursuant to s.33 Limitation Act 1980). He awarded Mrs B £62,000 for psychiatric injuries attributable to the rape. On appeal, the defendants disputed.’

Full Story

Law & Religion UK, 24th March 2021

Source: lawandreligionuk.com