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The blame game

18 January 2013 / Richard Scorer
Issue: 7544 / Categories: Features , Personal injury
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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
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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