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20 September 2018 / Vijay Ganapathy
Issue: 7809 / Categories: Features , Personal injury
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Expanding the boundaries of vicarious liability

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Vijay Ganapathy rounds up some critical cases on vicarious liability, damages for fear, independent contractors & causation

  • Outlines important caselaw at the frontiers of vicarious liability regarding employees, independent contractors, damages for fear alone, causation and novus actus interveniens.

Recently the courts have had to grapple with a variety of issues. Starting with vicarious liability, the Court of Appeal ruling in Barclays Bank plc v Various Claimants [2018] EWCA Civ 1670 further confirms the extent to which this doctrine has now been extended. The relevant test for determining whether a defendant is vicariously liable requires consideration of the following.

  • Was the relationship between the wrongdoer and defendant ‘akin to employment’?
  • If it was, was the wrongdoer’s act ‘closely connected’ with this employment?

The last couple of decades have seen the courts significantly broadening the range of scenarios in which both the above limbs could be applied. Therefore, in JGE v Trustees of the Portsmouth Roman Catholic Diocesan [2012] EWCA Civ 938, the defendant was found liable for the abuse

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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