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
Source: www.innertemple.org.uk
Category: vicarious liability
Gas company vicariously liable for database rights infringement by staff – OUT-LAW.com
“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.”
OUT-LAW.com, 18th October 2013
Source: www.out-law.com
“All Money” Guarantees Mean What They Say – Littleton Chambers
“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.”
Littleton Chambers, 19th July 2013
Source: www.littletonchambers.com
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.”
UK Human Rights Blog, 2nd July 2013
Source: www.ukhumanrightsblog.com
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.”
UK Human Rights Blog, 27th June 2013
Source: www.ukhumanrightsblog.com
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.”
Daily Telegraph, 7th June 2013
Source: www.telegraph.co.uk
High Court backs solicitors in mortgage fraud case – Legal Futures
“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.”
Legal Futures, 3rd June 2013
Source: www.legalfutures.co.uk
Tailoring the law on vicarious liability – Lord Hope of Craighead
Tailoring the law on vicarious liability (PDF)
Lecture by Lord Hope of Craighead
Lord Taylor Memorial Lecture, Inner Temple, 23rd April 2013
Source: www.supremecourt.gov.uk
Whistleblowers to be protected from harassment from co-workers – The Guardian
“Whistleblowers are to be protected from harassment and bullying from co-workers after criticism that current legislation fails to protect those who speak out.”
The Guardian, 21st February 2013
Source: www.guardian.co.uk
Can Google be sued for the content of blogs on its platform? – UK Human Rights Blog
“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.”
UK Human Rights Blog, 17th February 2013
Source: www.ukhumanrightsblog.com
Various Claimants v Catholic Child Welfare Society and others – WLR Daily
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
Source: www.iclr.co.uk
Employer liable for “gay and proud” Facebook status hijack of ex-employee by colleagues – OUT-LAW.com
“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.”
OUT-LAW.com, 20th July 2012
Source: www.out-law.com
E v English Province of Our Lady of Charity and another – WLR Daily
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
Source: www.iclr.co.uk
Catholic church loses abuse liability appeal – The Guardian
“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.”
The Guardian, 12th July 2012
Source: www.guardian.co.uk
Sexual abuse compensation case to test legal limits of church’s liability – The Guardian
“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.”
The Guardian, 17th May 2012
Source: www.guardian.co.uk
Am I my brother’s keeper? – Zenith Chambers
“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
“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.”
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
“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.”
The Guardian, 8th November 2011
Source: www.guardian.co.uk
Fecitt and others v NHS Manchester (Public Concern at Work intervening) – WLR Daily
“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
