header-logo header-logo

18 January 2013 / Richard Scorer
Issue: 7544 / Categories: Features , Personal injury
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll