Cox v Ministry of Justice [2014] EWCA Civ 132; [2016] UKSC 10 – Law Journals

Sexual Abuse Claims: A new boundary for vicarious liability?

Lawrence Caun considers the implications after Barclays Bank was held liable for a GP’s historic sex abuse ‘In assessing whether it was fair, just and reasonable to impose liability on the bank, many judges may not have found it difficult to conclude that Dr Bates’ actions in undertaking the medical examinations were entirely in pursuit …

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Vicarious Liability: Employer accountable for wrongdoing by a contractor

A High Court decision has significantly extended the scope of employers’ potential liability for the actions of individuals whom they do not formally employ, explain Kate Bain and Luke Green ‘This judgment extends the potential scope of vicarious liability further than ever before.’ The High Court recently handed down its ruling in Various Claimants v …

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Liability: A catalogue of errors

In the first of this two part article Robert Weir QC provides an invaluable reference compiling the most significant cases involving liability decisions in the last year ‘Vicarious liability can apply outside of an employment relationship provided that the tort is done by an individual who carries on activities as an integral part of the …

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Vicarious Liability: A modern theory?

Tabitha Georghiou and Matthew Ramsey examine the impact of two cases on the existing tests to establish employers’ liability for acts committed by employees or other individuals ‘It is hard to avoid the conclusion that the courts have preferred to use relatively loose language to describe the test for vicarious liability so that they can …

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Legal News: Employment update

In the first part of a new series, Charlie Bowden rounds up recent case law and developments affecting employers and their advisers ‘The Supreme Court found that the relationships between the prisoners and the prison was akin to employment as, among other factors, the prisoners were carrying out activities for the benefit of the prison.’Vicarious …

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Case Report: Cox v Ministry of Justice [2016] UKSC 10

Vicarious liability; breach of duty; protection for victims of tort; employment relationship ‘Technical arguments about employment status will not save a defendant from vicarious liability, since the approach looks at the business reality.’ Who would have thought a generation ago that the prison service would be held vicariously liable for the negligence of a prisoner? …

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Injury At Work: Old vicarious liability rekindled

Nathaniel Caiden summarises a case that brings attention back to the employer-employee relationship in liability claims ‘The fundamental question in whether to impose liability is whether the “wrongful act is sufficiently related to conduct authorized by the employer to justify the imposition of vicarious liability”.’ Recent case law on imposing vicarious liability seems to have …

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Workplace Claims: Testing the boundaries

Gurion Taussig reviews recent significant employer’s liability cases ‘The duty upon the employer can not be easily displaced and even hazards with a low risk of eventuating will engage the PPE Regulations.’ This employer’s liability article focuses on some of the more significant decisions of the Court of Appeal in the last 18 months. During …

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Vicarious Liability: Lessons from three recent cases

Rachel Farr considers when an employer is liable for the actions of its employees ‘An act might appear unconnected with an employee’s work but, taking the context and circumstances in which it occurred into account, it may be seen as incidental to, and within the scope of, employment.’ An employer is liable for the torts …

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