header-logo header-logo

17 November 2017 / Nicholas Dobson
Issue: 7770 / Categories: Features , Local government , Public
printer mail-detail

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

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll