Matthew White looks at the risks for employers in light of the decision in Shelbourne v Cancer Research ‘For an employer to be vicariously liable for a wrong it will not suffice for a claimant merely to show some connection between the wrongdoer/wrong and work or the workplace, no matter how tenuous.’ In Shelbourne v …
Continue reading "Vicarious liability: Planning an office party? Read this first."
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Wills & Trusts Law Reports | Autumn 2019 #176These appeals arose from the a ‘brazen fraud’ by which Allseas Group SA was defrauded of €100 million. After the fraud took place, there was an attempt to launder the proceeds through the client account of a London firm of solicitors, Notable Services LLP, whose partners included Mr Landman. Police intervention secured the return of €88 million – the present proceedings concerned attempts to recover the remainder of this sum from Notable, Mr Landman, Mr Louanjli (a bank employee who provided information to Notable) and LLB Verwaltung, the bank who employed him (”the Bank”).
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Andrew Sugarman and Megan Crowther consider the extent of employers’ liability for personal injury in this rapidly changing area ‘Employers need to realise that their responsibilities are probably wider than was previously thought, with vicarious liability for the wrongs of others stretching beyond the classic master/servant relationship and stretching into conduct that might not previously …
Continue reading "Vicarious liability: Moving with the times"
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Kate Raybould has some bad news for employers ‘The bank’s key contention was that the status of independent contractor afforded a defence to vicarious liability and recent case law developments had not changed that position.’ The parameters of vicarious liability have been under siege recently, with a raft of decisions expanding the limits of the …
Continue reading "Vicarious liability: You can’t bank on it"
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Is an employer vicariously liable for injuries inflicted during a fight between employees? David Sanderson examines a recent case ‘It is in many ways remarkable that the trial judge should have taken such care to make and record findings of fact that seem so clearly to point towards a finding of vicarious liability, only then …
Continue reading "Vicarious liability: The perils of Christmas parties"
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As the office Christmas party season gets underway, the Court of Appeal has provided a sobering reminder to employers of the breadth of their accountability for any misconduct by employees. Joanna Chatterton and Ed Livingstone report ‘The policy reasons for the courts wanting to make an employer liable are many, not least because the business …
Continue reading "Vicarious liability: Employer liable for after-party assault by its managing director"
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Kate Raybould reviews data protection and employer liability for employees’ actions ‘Despite the acts leading to the data disclosure taking place over a period of several months and only partly at his place of work, the judge found that there was an unbroken chain of events linking Skelton’s employment and his actions.’ In the space …
Continue reading "Vicarious liability: Unexpected items"
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Charles Wynn-Evans reports on several recent cases which demonstrate how employers can end up being liable for their employees‘ wrongdoing ‘The various recent cases summarised in this article demonstrate not only the variety of situations to which the issue of vicarious liability can be relevant but also the potential width of its application and the …
Continue reading "Vicarious liability: Taking the rap for rogue employees"
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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 …
Continue reading "Vicarious Liability: Employer accountable for wrongdoing by a contractor"
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Adam Ohringer considers the effects of the Supreme Court ruling in Mohamud v WM Morrison Supermarkets plc ‘In Mohamud, it was argued in the Supreme Court that the test for vicarious liability needed to be recast to be both more expansive and simpler to apply.’The concept that an employer is vicariously liable for the wrongdoing …
Continue reading "Vicarious Liability: Pushing the boundaries"
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