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20 April 2016 / Sarah Wilkinson
Issue: 7698 / Categories: Features , Insurance surgery , Insurance / reinsurance
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Insurance surgery: Working under cover

Sarah Wilkinson examines vicarious liability

Following two recent Supreme Court decisions, employers will be advised to closely review the fine detail of their liability cover. Against the backdrop of the rulings in Cox v Ministry of Justice [2016] UKSC 10, [2016] All ER (D) 25 (Mar) and Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11, [2016] All ER (D) 19 (Mar) it is essential that employers ensure vicarious liability is clearly defined and included in their policy wording to confirm that the policy covers all situations for which a business maybe be held vicariously liable.

The Supreme Court has re-examined the two-stage test for vicarious liability and has provided updated guidance on the development and application of the legal principle. While the court specifically sought not to open the floodgates, it has adopted a more liberal approach to the circumstances when an employer may be vicariously liable for the acts of an employee who has been negligent.

The boundaries have been pushed to allow the doctrine to reflect the realities and complexities

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
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.

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