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17 November 2017 / Nicholas Dobson
Issue: 7770 / Categories: Features , Local government , Public
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Not strictly liable?

Nicholas Dobson discusses the doctrine of vicarious liability & lessons from Armes

  • The Supreme Court has found a local authority that acted without negligence to be vicariously liable for child abuse perpetrated by foster parents in the 1980s under child care legislation in force at material times.

Ever wondered why vicars are called vicars? The reason is a vicar is someone who takes the place of another. And, ecclesiastically speaking, vicars are (per OED) ‘earthly representatives of God or Christ’.

English lawyers though, are likely to encounter the word in a rather less religious context. For vicar gives us: vicarious (taking or supplying the place of another thing or person). And when the doctrine of vicarious liability applies, the law will hold an innocent defendant liable for the torts (civil wrongs) committed by another.

In that connection, the Supreme Court has recently issued a landmark judgment on the liability of a local authority for physical, emotional and sexual abuse perpetrated against a child in its care whom the authority placed with foster parents during the

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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’ 
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