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01 March 2013 / Dominic Regan
Issue: 7550 / Categories: Blogs
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Strange but true

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Dominic Regan delves into the sometimes illogical world of vicarious liability law

A hapless young man with a hydraulic air pipe inserted in his bottom. An impatient, trigger-happy policeman. Light–fingered employees conveying silver bullion. A perverted priest. The common link is—what else?—the law of vicarious liability. There is surely no area of tort which keeps a straight face when confronted by the utterly ludicrous.

The House of Lords came clean decades ago in ICI Ltd v Shatwell [1965] AC 656, [1964] 2 All ER 999 when it admitted that logic had little to do with the law. It was all about expediency. Since an employer had liability insurance and, it assumed, deep pockets too, there was a compelling pragmatic reason to make the employer liable for the activities of employees insofar as the relevant incident occurred in the course of employment.

A lurch forward

The law took a further lurch forward with the judgment of the Law Lords in Lister v Hesley Hall Ltd [2002] 1 AC 215, [2001] 2 All ER

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

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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