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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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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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