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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—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

NEWS
A time-restricted bank tax, a ‘roadmap to fiscal devolution’, extension to parental leave, entrepreneur’s relief and a giveaway on energy bills for households are the headlines in Chancellor of the Exchequer John Healey’s 2026 Autumn Budget
A Court of Appeal judge has lamented the ‘very concerning’ state of the law on employee inventor compensation after a chemist’s case took five-and-a-half years to reach court, eventually being listed for a 37-day trial next year
The Law Society has emphasised that responsibility remains human, in a practice note on artificial intelligence (AI)
Respect orders, which enable police, councils, housing associations, transport networks and other authorities to take enforcement action against anti-social behaviour, have come into force across England and Wales
The Land Registry has launched two consultations aimed at making its information more publicly accessible, ‘Restructuring HM Land Registry fees’, and ‘Future of access to HM Land Registry information’
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