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13 July 2018 / Chrisoulla Pawlowska
Issue: 7801 / Categories: Features , Employment
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Time to turn the tide?

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Chris Pawlowska reflects on recent case law & looks in vain for clarity on vicarious liability

  • Outstanding difficulties in the practical application of the Lister test.

The Court of Appeal in X v Kuoni Travel Ltd [2018] EWCA Civ 938, [2018] All ER (D) 121 (Apr) concluded that there was no breach of EU law on the provision of package holidays, nor a contractual breach by Kuoni and a holiday-maker when an employee at one of their partner hotels in Sri Lanka attacked and raped a holiday-maker staying at that hotel. Though it did not formally constitute part of the claimant’s action, the first instance decision before McKenna J ([2016] EWHC 3090 (QB)) and the judgments in the Court of Appeal both raise the possibility of vicarious liability on the part of the hotel for the conduct of its employee. The range of views expressed by the different judges on the course of employment show that, while the Supreme Court in Mohamud v Morrison Supermarkets plc [2016] UKSC 11, [2016]

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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