vicarious liability – Page 4 – Current Awareness

Case Preview: WM Morrisons Supermarkets plc v Various Claimants – UKSC Blog

Posted November 6th, 2019 in computer crime, data protection, news, Supreme Court, vicarious liability by sally

‘On 6 and 7 November 2019, the Supreme Court will hear Morrison’s appeal from the ruling of the Court of Appeal, in a data breach claim brought by 5,500 employees. The claim raises important questions of employee liability for the actions of rogue employees. It is one of a series of large cases which are working their way through the Courts (including claims against Google and British Airways), which each illustrate the increasing risks businesses face from group claims/class actions, arising from data protection breaches.’

UKSC Blog, 5th November 2019

Source: ukscblog.com

Facebook postings and vicarious liability of employers – Local Government Lawyer

Posted August 30th, 2019 in appeals, disciplinary procedures, employment, employment tribunals, equality, harassment, internet, news, racism, vicarious liability by sally

‘Charles Pigott examines an Employment Appeal Tribunal ruling that racially offensive Facebook posting was not done in the course of employment.’

Local Government Lawyer, 30th August 2019

Source: www.localgovernmentlawyer.co.uk

Defamation and church discipline: Otuo – Law and Religion UK

Posted June 24th, 2019 in Christianity, defamation, disciplinary procedures, fraud, interpretation, loans, news, ultra vires, vicarious liability by tracey

‘In Otuo v Watch Tower Bible and Tract Society of Britain [2019] EWHC 1349 (QB), Mr Otuo had been “disfellowshipped” by the Jehovah’s Witnesses and an announcement to that effect had been made at a meeting of the Wimbledon Congregation [1 & 2]. Further, during a meeting at which he sought to be reinstated, he had recorded surreptitiously one of those present making what he alleged to be a defamatory statement.’

Law and Religion UK, 20th June 2019

Source: www.lawandreligionuk.com

Vicarious liability not a “one-way street” for accident victims – Litigation Futures

Posted April 12th, 2019 in accidents, compensation, employment, health & safety, negligence, news, personal injuries, standards, vicarious liability, victims by sally

‘Assessing the demands of social justice in cases involving vicarious liability is “not a one-way street” for accident victims, a High Court judge has said.’

Litigation Futures, 11th April 2019

Source: www.litigationfutures.com

Court of Appeal considers fraud vicarious liability test – OUT-LAW.com

Posted November 20th, 2018 in agency, fraud, misrepresentation, news, vicarious liability by sally

‘The Court of Appeal has overturned a finding of the High Court of fraudulent misrepresentation against a postal equipment supplier, on the grounds that it was not ‘vicariously liable’ for the dishonesty of its agent.’

OUT-LAW.com, 19th November 2018

Source: www.out-law.com

Employer liability for criminal data breach by rogue employee – Technology Law Update

Posted October 29th, 2018 in data protection, employment, misuse of private information, news, vicarious liability by sally

‘Organisations that hold and process personal data have already had to contemplate the prospect of €20 million fines for not matching up to the requirements of the GDPR. Now the Court of Appeal has given a ruling that presents another type of exposure risk where personal data is concerned. Upholding a High Court decision given in November 2017, this second ruling confirms that an employer can be liable for the actions of a rogue employee in exposing the private information of thousands of other members of staff.’

Technology Law Update, 26th October 2018

Source: www.technology-law-blog.co.uk

Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214: Vicarious liability for assault considered in the Court of Appeal – Zenith PI

Posted October 24th, 2018 in appeals, assault, employment, news, personal injuries, vicarious liability by tracey

‘This case was heard recently in the Court Of Appeal before Lord Justice Erwin, Lord Justice Moylan and Lady Justice Asplin. Lady Justice Asplin gave the leading judgment
with which the Lord Justices agreed. However, Lord Justice Erwin was keen to emphasise at paragraph 37, “how unusual are these facts and how limited will be the parallels to this case”.’

Zenith PI, 23rd October 2018

Source: zenithpi.wordpress.com

Vicarious liability for data breaches: Court of Appeal dismisses Morrisons’ challenge – Panopticon

Posted October 23rd, 2018 in appeals, class actions, compensation, confidentiality, data protection, disclosure, employment, fraud, news, vicarious liability by sally

‘Large-scale civil litigation is one of the developing contours of data protection law. Last week’s judgment in Lloyd v Google – a novel representative action based on allegedly unlawful processing activities – is one illustration. When it comes to group litigation on the back of a data breach, our best illustration thus far is the groundbreaking group action against Morrisons.’

Panopticon, 22nd October 2018

Source: panopticonblog.com

Morrisons loses data leak challenge – BBC News

Posted October 23rd, 2018 in appeals, class actions, compensation, confidentiality, data protection, disclosure, employment, fraud, news, sentencing, vicarious liability by sally

‘Morrisons has lost its challenge to a High Court ruling that it is liable for a data breach that saw thousands of its employees’ details posted online.’

BBC News, 22nd October 2018

Source: www.bbc.co.uk

Court dismisses claim duty of care is owed to employees in litigation – OUT-LAW.com

Posted July 30th, 2018 in duty of care, employment, news, police, Supreme Court, vicarious liability by sally

‘Employers do not owe their employees a duty of care in the way they defend claims that they are vicariously liable for actions of those employees, the UK Supreme Court has ruled.’

OUT-LAW.com, 27th July 2018

Source: www.out-law.com

Vicarious liability: Banking on bright lines – UK Human Rights Blog

Posted July 24th, 2018 in banking, medical treatment, news, sexual offences, vicarious liability by tracey

‘A bank requires its would-be recruits and some of its existing employees to undergo a medical. It sends them to the home of one particular, self-employed doctor. There, they undergo a medical examination, unaccompanied by anyone from the bank. The doctor completes the bank’s proforma examination form, headed with its logo and entitled “Barclays Confidential Medical Report”. The form is detailed. It includes sections on chest “Inspiration” and “Expiration”, “Abdomen (including Genito-Urinary System)”. It contains a section for “Female applicants only”, asking whether they have suffered from menstrual or pregnancy disorders. The doctor – Gordon Bates – subsequently dies. A large group of women sue the bank alleging that it is liable for sexual assaults carried out by the doctor during the examinations. The question for the Court of Appeal in Barclays Bank plc v Various Claimants [2018] EWCA Civ 1670 was whether the bank could be vicariously liable.’

UK Human Rights Blog, 24th July 218

Source: ukhumanrightsblog.com

Case Preview: James-Bowen & Ors v Commissioner of the Police for the Metropolis – UK Supreme Court Blog

Posted April 9th, 2018 in duty of care, economic loss, misfeasance in public office, news, police, Supreme Court, vicarious liability by tracey

‘Does a person who is sued in civil litigation for the alleged misconduct of her employees (or others for whom she is vicariously liable) owe a duty of care to avoid causing those employees or “quasi-employees” financial loss arising from the conduct of the person’s defence?.’

UK Supreme Court Blog, 3rd April 2018

Source: ukscblog.com

Ministry of Justice not liable for clinical negligence in prison – UK Human Rights Blog

Posted February 27th, 2018 in health, human rights, Ministry of Justice, negligence, news, personal injuries, prisons, vicarious liability by tracey

‘In Razumas v Ministry of Justice [2018] EHWC 215 a prisoner who had made a claim for clinical negligence against the Ministry of Justice, rather than against the specific health care provider, had his claim dismissed.’

UK Human Rights Blog, 26th February 2018

Source: ukhumanrightsblog.com

Employer liable for disgruntled employee’s deliberate data breach – Technology Law Blog

Posted December 20th, 2017 in computer crime, data protection, news, vicarious liability by sally

‘WM Morrisons Supermarket plc have been held liable to 5,518 of their employees for a deliberate data breach by a rogue employee, Andrew Skelton.’

Technology Law Update, 19th December 2017

Source: www.technology-law-blog.co.uk

Royal Mail Ltd v Jhuti – Old Square Chambers

Posted December 8th, 2017 in disciplinary procedures, news, unfair dismissal, vicarious liability, whistleblowers by sally

‘This recent judgment of the Court of Appeal resolved two important questions:

1. Where a line manager, who is not involved in the investigatory or disciplinary process, has tainted the evidence supplied to a person deciding whether an employee should be dismissed, and that decision-maker is innocent of any discriminatory motivation, whose knowledge or state of mind is to be attributed to the employer for the purpose of s.103A of the Employment Rights Act 1996 (ERA 1996)?
2. Can an employee recover damages for dismissal consequent on detriment in the whistleblowing context?

Old Square Chambers, 6th December 2017

Source: www.oldsquare.co.uk

Landmark judgment in group litigation data leak claim – 5RB

Posted December 8th, 2017 in data protection, fraud, misuse of private information, news, vicarious liability by sally

‘Judgment in the trial on liability in a group litigation claim brought by 5,518 employees of the supermarket chain WM Morrison Supermarkets PLC has been handed down today [1 December].’

5RB, 1st December 2017

Source: www.5rb.com

Data Breach, Group Actions, and the criminal insider: the Morrisons case – Panopticon

Posted December 7th, 2017 in appeals, damages, data protection, mental health, news, vicarious liability by sally

‘In Vidal-Hall v Google [2015] EWCA Civ 311 the Court of Appeal held that damages claims under section 13 of the Data Protection Act 1998 (DPA) can be brought on the basis of distress alone, without monetary loss. Since that decision there has much speculation that a major data breach could lead to distress-based claims against the data controller by a large class of individuals. Even if each individual claim was modest (in the hundreds or low thousands of pounds) the aggregate liability could be substantial.’

Panopticon, 6th December 2017

Source: panopticonblog.com

Vicarious Liability and Data Controllers – Panopticon

Posted December 1st, 2017 in data protection, news, vicarious liability by tracey

‘The High Court (Langstaff J) has today handed down an almost 200 paragraph judgment in the first ever group litigation data breach case to come before the courts. The issue for the court was whether the defendant data controller, Morrisons, was in principle either directly or vicariously liable for the actions of a rogue employee who had, as an act of malice directed at his employer, taken payroll data relating to some 100,000 employees and published it online. The court concluded that, despite itself having been entirely innocent of the misuse, Morrisons was in principle liable to compensate all the claimants in the group, some 5,500 individuals, on the basis of the application of common law (no fault) vicarious liability principles.’

Panopticon, 1st December 2017

Source: panopticonblog.com

The expansion of Vicarious Liability: Armes v Nottinghamshire County Council [2017] UKSC 60 – Park Square Barristers

Posted November 23rd, 2017 in appeals, fostering, local government, news, Supreme Court, vicarious liability by sally

‘In determining whether to impose vicarious liability the court has to consider what sort of relationship has to exist between an individual and a defendant before the defendant can be made vicariously liable in tort for the conduct of that individual? (The first requirement) A classic example of a relationship which gives rise to vicarious liability is that of employer and employee.’

Park Square Barristers, 9th November 2017

Source: www.parksquarebarristers.co.uk

Supreme Court: local authority ‘vicariously liable’ for abuse of child in foster care – OUT-LAW.com

Posted October 23rd, 2017 in appeals, child abuse, duty of care, fostering, local government, news, social services, Supreme Court, vicarious liability by sally

‘A local authority has been held vicariously liable for the abuse of a woman by two sets of foster parents she was placed with as a child, despite not being negligent in its selection or supervision of the foster parents.’

OUT-LAW.com, 20th October 2017

Source: www.out-law.com

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