header-logo header-logo

Liability: delivering the goods?

174059
An unusual case has served up questions about vicarious liability & the gig economy. Ross Fletcher looks at the takeaways
  • Examines a case concerning a self-employed Deliveroo rider who caused grievous bodily harm to a customer. Deliveroo has disputed liability.
  • Considers the case law to explore the relationship between the rider and Deliveroo, exploring how the law on vicarious liability may be applied to modern work situations.

Ordering takeaway pizza does not usually incur a risk of personal injury. However, the injury that occurred due to this activity led to criminal liability in R v Rocha, heard by Winchester Crown Court on 19 March 2024. In this article, I will consider the principles that may be relevant when determining civil liability in this case. Although the facts of this case are unusually uncommon (or at least, one would hope), these principles are of significance to the modern ‘gig economy’.

The pizza in question was ordered on 14 December 2022 by Stephen Jenkinson, who used the Deliveroo app to request

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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll