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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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