Lister v Hesley Hall Ltd [2001] UKHL 22 – Page 2 – Law Journals

Child Abuse: Local authority liability

Richard Scorer considers failure to protect claims ‘It will be difficult if not impossible for local authorities to rely on the limitation defences they have deployed in “historic” failure to remove claims.’ Over the last three years, since the revelations about Jimmy Savile, child abuse scandals have dominated the media. Many more victims have come …

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Multiple Defendants: Who to sue?

In the second of two articles Linda Jacobs looks at legal liability in multiple defendant claims ‘Where two or more tortfeasors cause different damage to the claimant, the causes of action are distinct from one another. The claimant can sue each defendant, but can only recover the extent of the damage for which each tortfeasor …

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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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Employers Liability: Sympathy without compensation

Sally Cowen highlights a recent Court of Appeal decision which held a supermarket was not vicariously liable for the actions of a staff member who attacked a customer ‘The fact that the claimant was assaulted on the defendant’s premises by an employee and that part of his job was to interact with customers, was not …

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Civil Litigation: Compensation for child abuse

Stephanie Prior looks at recent media events and the difficulties faced by victims pursuing claims ‘Civil claims against individuals are often very complex. The individual abuser will be the defendant and it is essential to ascertain from the outset whether or not they are able to pay compensation.’ One only needs to glimpse at the …

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Vicarious Liability: Is the connection close enough?

Jonathan Wheeler reviews the case law in the last 12 months A set of recent cases from 2012 have been concerned with establishing whether there is a relationship giving rise to vicarious liability on the part of the defendant at all. Vicarious liability is a doctrine of strict liability on the part of a defendant …

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Vicarious Liability: Overworked and under attack

Chris Gutteridge contemplates recent decisions of the Court of Appeal on an employer’s liability for injuries sustained by employees who are victims of violence while at work The trial judge was entitled to conclude that the failure to provide full-time guarding did not amount to a failure to take reasonable care for the safety of …

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Sexual Abuse: Vicarious liability on the move

Anna Macey examines The Catholic Child Welfare Society v Various Claimants (FC) and The Institute of the Brothers of the Christian Schools [2012] The Supreme Court ruling will make it easier for alleged victims of Jimmy Savile and others in the entertainment industry to succeed in claims against, for example, the BBC and Broadmoor Hospital. …

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Violence At Work: Considering the boundaries of vicarious liability

The Court of Appeal has considered the circumstances in which employers are responsible for violent acts committed by their employees, reports Fiona Clark ‘Two recent cases highlight that employers’ liability is likely to be more extensive than many of them will have anticipated. Both involved a violent reaction by an employee to an employer’s lawful …

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Case Report: Weddall v Barchester Healthcare Ltd; Wallbank v Wallbank Fox Designs Ltd

Vicarious liability; assault; acting in course of employment ‘Recent authorities have highlighted the need to adopt a broad view of the nature of employment and what is reasonably incidental to an employee’s duties under it.’ This case concerns two contrasting decisions in conjoined appeals and addresses when an employer will be vicariously liable for anemployee’s …

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