Vicarious Liability Considered by the Court of Appeal- Fletcher v Chancery Lane Supplies Ltd [2016] – Zenith PI Blog

Posted October 28th, 2016 in evidence, news, personal injuries, vicarious liability by sally

‘An employer appealed a first instance decision in which it was held vicariously liable for the actions of employee.’

Full story

Zenith PI Blog, 26th October 2016


Vicarious liability for rogue employee’s data leak – Panopticon

‘Suppose confidential, private and sensitive information is sold, leaked or otherwise wrongly disclosed by a rogue employee: is the employer vicariously liable? This question is a troubling one for many an employer and data controller. A new judgment on a claim for misuse of private information sheds some light on this question – and will not be comforting for employers and data controllers. The case is Axon v Ministry of Defence [2016] EWHC 787 (QB).’

Full story

Panopticon, 12th April 2016


The law of vicarious liability is on the move… and hasn’t finished moving yet – Zenith PI Blog

Posted March 23rd, 2016 in negligence, news, personal injuries, prisons, vicarious liability by tracey

‘“The law of vicarious liability is on the move”, so began Lord Reed in his judgment in Cox -v- Ministry of Justice [2016] UKSC 10.’

Full story

Zenith PI, 23rd March 2016


Vicarious liability: The Supreme Court speaks – UK Human Rights Blog

Posted March 9th, 2016 in assault, negligence, news, prisons, Supreme Court, vicarious liability by tracey

‘Two important Supreme Court judgments concerning vicarious liability were handed down last week. Mohamud v WM Morrison Supermarkets [2016] UKSC 11 affirms the “close connection” test set out in Lister v Hesley Hall Ltd [2001] UKHL 22 and rejects the formulation of a new test for vicarious liability based on “representative capacity”. Cox v Ministry of Justice [2016] UKSC 10 extends the sorts of relationships where a defendant can be made vicariously liable for the conduct of an individual and evaluates Various Claimants v Catholic Child Welfare Society [2012] UKSC 56 (the ‘Christian Brothers’ case).’

Full story

UK Human Rights Blog, 8th March 2016


Supermarket ‘vicariously liable’ for employee’s assault on a customer –

Posted March 4th, 2016 in assault, news, vicarious liability by tracey

‘A supermarket was “vicariously liable” for the actions of its employee, who punched a customer in a seemingly unprovoked attack, the UK’s highest court has ruled.’

Full story, 3rd March 2016


Court of Appeal rules on liability of councils for foster care abuse – Local Government Lawyer

Posted November 16th, 2015 in child abuse, fostering, local government, negligence, news, vicarious liability by sally

‘The Court of Appeal has handed down a key ruling on the liability of councils for foster care abuse, concluding that local authorities do not owe a child in such care a non-delegable duty.’

Full story

Local Government Lawyer, 12th November 2015


Personal injury Newsletter – Thirty Nine Essex Street

Posted March 19th, 2015 in asbestos, costs, damages, news, personal injuries, vicarious liability by sally

Personal Injury Newsletter (PDF)

Thirty Nine Essex Street, February 2015


Graham v Commercial Bodyworks Ltd – WLR Daily

Posted February 11th, 2015 in appeals, employment, fire, law reports, personal injuries, vicarious liability by sally

Graham v Commercial Bodyworks Ltd [2015] EWCA Civ 47; [2015] WLR (D) 50

‘Where an employee, while at work, had perpetrated against his friend and colleague what was apparently intended to be a prank, by putting highly inflammable thinning agent on to his clothes and then igniting them, the employer was not vicariously liable.’

WLR Daily, 5th February 2015


Multiple Defendants: Who to sue? – Cloisters

Posted November 18th, 2014 in causation, costs, joint liability, news, prosecutions, vicarious liability by sally

‘Claims involving multiple defendants are often complex in terms of the facts, the law and the expert medical evidence. They are claims that we all have some experience of, and the issues involved have no doubt troubled us all to a greater or lesser degree at times.’

Full story

Cloisters, 3rd October 2014


Mohamud v W M Morrison Supermarkets plc – WLR Daily

Posted February 17th, 2014 in assault, employment, law reports, vicarious liability by sally

Mohamud v W M Morrison Supermarkets plc [2014] EWCA Civ 116; [2014] WLR (D) 68

‘Where an employee’s duties included interaction with customers but did not involve any element of keeping public order or exercising authority over them, the employer was not vicariously liable for an assault by the employee on a customer. The mere fact of contact between a sales assistant and a customer, which was plainly authorised by an employer, was not of itself sufficient to fix the employer with vicarious liability.’

WLR Daily, 13th February 2014


Is Fairchild a Leading case of the Common Law? – The Inner Temple

Is Fairchild a Leading case of the Common Law? (PDF)

Per Laleng, Inner Temple Academic Fellow, University of Kent

The Inner Temple, 20th January 2014


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