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

Source: www.zenithchambers.co.uk

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

Source: www.ukhumanrightsblog.com

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

Source: www.iclr.co.uk

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

Source: www.guardian.co.uk

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

Source: www.iclr.co.uk

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

Source: www.guardian.co.uk

Regina v Qureshi – WLR Daily

Regina v Qureshi [2011] WLR (D)  161

“A landlord of a residential occupier could not be convicted of an offence of harassment, contrary to section 1(3A) of the Protection from Eviction Act 1977, on the basis of vicarious liability.”

WLR Daily, 17th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Appeal court verdict could open the door for vicarious liability claimants – The Guardian

Posted October 28th, 2010 in child abuse, news, vicarious liability by sally

“This week, the question of who is potentially liable for the alleged physical and sexual abuse of 150 pupils at St William’s boys’ school in east Yorkshire between 1960 and 1992 was considered by the court of appeal. In 2004 the main abuser, Brother James Carragher, headmaster during this period, was convicted of abusing boys at the home.”

Full story

The Guardian, 27th October 2010

Source: www.guardian.co.uk

Court setback for Catholic child welfare society – The Independent

Posted October 26th, 2010 in child abuse, clergy, news, vicarious liability by sally

“A Catholic child welfare society which may face a multi-million damages claim over abuse at a school failed today to offload some of the liability.”

Full story

The Independent, 26th October 2010

Source: www.independent.co.uk

Morrison Sports Ltd and others v Scottish Power UK plc – WLR Daily

Posted July 29th, 2010 in electricity, law reports, negligence, Supreme Court, vicarious liability by sally

Morrison Sports Ltd and others v Scottish Power UK plc [2010] UKSC 37; [2010] WLR (D) 202

“A person who suffered loss as a result of a breach of statutory duty did not have a private right of action for damages when there was statutory provision for other forms of enforcement of the duty on behalf of the public.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

MAGA v Trustees of the Birmingham Archdiocese of the Roman Catholic Church – WLR Daily

Posted March 18th, 2010 in appeals, child abuse, employment, law reports, vicarious liability by sally

MAGA v Trustees of the Birmingham Archdiocese of the Roman Catholic Church [2010] EWCA Civ 256; [2010] WLR (D) 76

“An archdiocese of the Roman Catholic Church was vicariously liable for the sexual abuse of a non-Catholic boy by a priest with special responsibility for youth work on the basis that there was a sufficient connection between the work he was employed to do and the abuse perpetrated.”

WLR Daily, 17th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Veakins v Kier Islington Ltd – WLR Daily

Posted December 7th, 2009 in employment tribunals, harassment, law reports, vicarious liability by sally

Veakins v Kier Islington Ltd [2009] EWCA Civ 1288; [2009] WLR (D) 353

“In many cases the remedy for high-handed or discriminatory misconduct by or on behalf of an employer would be more fittingly in the employment tribunal rather than by recourse to a claim for damages for the statutory tort of harassment.”

WLR Daily, 4th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese GmbH and Another – Times Law Reports

Posted November 21st, 2008 in law reports, negligence, vicarious liability by sally

Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese GmbH and Another

Court of Appeal

“The principle which made an employer liable for the negligence of a subcontractor engaged to carry out extra-hazardous or dangerous operations was unsaisfactory and should be applied as narrowly as possible.”

The Times, 21st November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Biffa Waste Services Ltd and another v Maschinenfabrik Ernst Hese GmbH and others – WLR Daily

Posted November 14th, 2008 in law reports, negligence, vicarious liability by sally

Biffa Waste Services Ltd and another v Maschinenfabrik Ernst Hese GmbH and others [2008] EWCA Civ 1238; [2008] WLR (D) 353

“The principle that a person who employed an independent contractor would be liable for the negligence of that independent contractor where the independent contractor was engaged to carry out extra-hazardous or dangerous operations was binding on the Court of Appeal but its application should be kept as narrow as possible. It should be applied only to activities that were exceptionally dangerous whatever precautions were taken. Welding, the activity in the instant case, was not exceptionally dangerous provided reasonable precautions were taken, so the principle did not apply.”

WLR Daily, 13th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Gravil v Carroll and Another – Times Law Reports

Posted July 22nd, 2008 in assault, law reports, sport, vicarious liability by sally

Gravil v Carroll and Another

Court of Appeal

“A rugby club was vicariously liable for an assault by one of its semi-professional players on a member of the opposing team during a match.”

The Times, 22nd July 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.