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Time to turn the tide?

13 July 2018 / Chrisoulla Pawlowska
Issue: 7801 / Categories: Features , Employment
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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

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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