header-logo header-logo

15 December 2017 / Carol Dalton , Carol Dalton
Issue: 7774 / Categories: Features , Personal injury , Employment
printer mail-detail

Vicarious liability: placing the blame

nlj_7774_dalton

Carol Dalton reviews the state of vicarious liability in 2017

  • 2017 saw a dramatic swing in cases concerning vicarious liability, where employers were held accountable for the failings of their employees.

Our understanding of how vicarious liability applies to claims has been transformed through the key decisions of the last two years. In 2016 the Supreme Court held that vicarious liability applied to the negligent actions of a prisoner working in prison kitchen (Cox v MoJ [2016] UKSC 10) and to the actions of an employee who viciously assaulted a customer (Mohamud v Morrison Supermarkets [2016] UKSC 11). There was much discussion following these decisions about whether the doctrine was still ‘on the move,’ and indeed it was. However, few could have predicted that the development of the doctrine could have continued on such a steep incline in 2017. Against this background it is important to understand the key decisions made and the implications.

2017 decisions

In July 2017, the High Court held

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll