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09 June 2017 / Michael Salter , Chris Bryden
Issue: 7749 / Categories: Features , Employment
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Third party pieces: the development of the doctrine of vicarious liability

Chris Bryden & Michael Salter examine a case which re-stated a number of important principles concerning the doctrine of vicarious liability

  • The development of the doctrine of vicarious liability is policy-based and has developed not as an organic strand of the common law, but as a pragmatic method of ensuring that in appropriate cases, deserved compensation is made available.
  • Claims involving vicarious liability will turn on their facts, and the close connection test must be examined against all of the relevant circumstances.

As the authors have written here before, employers should be aware of the risks of claims arising out of the behaviour of employees towards each other or third parties at workplace parties, even when those parties take place outside of the office and after working hours (see ‘Third party harassment’, 157 NLJ 7280, p 960). The risk of vicarious liability in tort, including under the Protection from Harassment Act 1997 or claims of constructive unfair dismissal or discrimination have

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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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