Gas company vicariously liable for database rights infringement by staff –

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.”

Full story, 18th October 2013


“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.”

Full story

Littleton Chambers, 19th July 2013


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

“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.”

Full story

UK Human Rights Blog, 2nd July 2013


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

“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.”

Full story

UK Human Rights Blog, 27th June 2013


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

“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.”

Full story

Daily Telegraph, 7th June 2013


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.”

Full story

Legal Futures, 3rd June 2013


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


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.”

Full story

The Guardian, 21st February 2013


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.”

Full story

UK Human Rights Blog, 17th February 2013


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


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

“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.”

Full story, 20th July 2012


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


Catholic church loses abuse liability appeal – The Guardian

Posted July 12th, 2012 in appeals, child abuse, compensation, news, vicarious liability by sally

“A Roman Catholic diocese is liable to pay compensation for alleged beatings inflicted by a nun and sexual abuse perpetrated by a priest on a young girl, the court of appeal has ruled.”

Full story

The Guardian, 12th July 2012


Sexual abuse compensation case to test legal limits of church’s liability – The Guardian

Posted May 17th, 2012 in compensation, employment, news, sexual offences, vicarious liability by sally

“Sympathy with victims of sexual abuse should not be grounds for courts to extend the law on compensation ‘infinitely’ and impose extra liabilities on employers, the court of appeal has been told.”

Full story

The Guardian, 17th May 2012


Am I my brother’s keeper? – Zenith Chambers

Posted April 11th, 2012 in appeals, assault, employment, news, vicarious liability by sally

“On 24th January the Court of Appeal handed down judgment in the joined appeals of Weddall -v- Barchester Healthcare Limited and Wallbank -v- Wallbank Fox Designs Limited. The common issue was: in what circumstances might an employer be vicariously liable for an assault committed by one of its employees.
In both cases the assault was in fact committed upon a fellow employee, although as the Court recognised, the same principles would normally be applicable to a case where an employee assaults a third party.”

Full story (PDF)

Zenith Chambers, 3rd April 2012


Is a school responsible for assault on foreign expedition? – UK Human Rights Blog

Posted March 27th, 2012 in assault, duty of care, news, rape, school children, vicarious liability by sally

“In 2005 a group of schoolgirls were taken on a school trip to Belize. While working on a resort, three girls, aged between 15 and 17, were violently raped by the manager of the site.”

Full story

UK Human Rights Blog, 26th March 2012


Regina v St Regis Paper Company Ltd – WLR daily

Regina v St Regis Paper Company Ltd; [2011] EWCA Crim 2527;  [2011] WLR (D)  317

“Criminal liability could not be imposed on a company for intentionally making a false entry to an environmental control record contrary to regulation 32(1)(g) of the Pollution Prevention and Control (England and Wales) Regulations 2000, by virtue of the intentions of the employee who committed the offence, if he was not the directing mind and will of the company.”

WLR Daily, 4th November 2011


Catholic church can be held responsible for wrongdoing by priests – The Guardian

Posted November 8th, 2011 in appeals, child abuse, employment, news, sexual offences, vicarious liability by sally

“Victims of clerical sexual abuse will find it easier to bring compensation claims against the Catholic church after a judge ruled it can be held responsible for the wrongdoings of its priests.”

Full story

The Guardian, 8th November 2011


Fecitt and others v NHS Manchester (Public Concern at Work intervening) – WLR Daily

Posted November 3rd, 2011 in appeals, burden of proof, employment, law reports, vicarious liability by sally

Fecitt and others v NHS Manchester (Public Concern at Work intervening) [2011] EWCA Civ 1190; [2011] WLR (D) 308

“A worker had been subjected to a detriment “on the ground that” he had made a protected disclosure, for the purposes of section 47B of the Employment Rights Act 1996, if the protected disclosure was a material factor in the employer’s decision to subject the employee to a detrimental act.”

WLR Daily, 25th October 2011


Catholic church’s plea could rule out damages for priests’ abuse – The Guardian

Posted July 25th, 2011 in damages, employment, news, vicarious liability by tracey

“Victims of sexual abuse by priests will no longer be able to sue the Catholic church for damages if a landmark judgment rules that priests should not be considered as employees.”

Full story

The Guardian, 24th July 2011