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18 January 2013 / Richard Scorer
Issue: 7544 / Categories: Features , Personal injury
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The blame game

Richard Scorer examines the extent of vicarious liability for sexual abuse

The extent of vicarious liability of organisations for sexual assaults committed by their employees, or by non-employees over whom they exercise control, has been examined by the courts in a series of recent cases.

The latest authority is the decision of the Supreme Court in Catholic Child Welfare Society and others (Appellants) v Various Claimants (FC) and The Institute of the Brothers of the Christian Schools and others (Respondents) [2012] UKSC 56. As Lord Phillips said in his lead judgment, “the law of vicarious liability is on the move”, and has received recent consideration by appellate courts not only in the UK, but in Canada and Australia. Where does this latest case leave us?

Background

Following the decision of the House of Lords in Lister v Hesley Hall [2002] 1 AC 215, organisations can be vicariously liable for sexual misconduct by their employees where there is a sufficiently “close connection” between the employment and the acts complained of. This landmark decision overturned previous authorities

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NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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