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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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