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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll