header-logo header-logo

07 May 2020 / Nicholas Dobson
Issue: 7885 / Categories: Features , Employment
printer mail-detail

Vicarious liability: sanity restored

20297
A month on from WM Morrison Supermarkets v Various Claimants being published, Nicholas Dobson reflects on where things went awry on the long & winding road to the final appeal court

In brief

  • Morrisons had no vicarious liability when its employee posted sensitive employee data online since he was pursuing a personal vendetta rather than furthering his employer’s business.
  • DPA does not exclude vicarious liability.

Mr Bumble in Oliver Twist said if the law supposed his wife acts under his direction ‘the law is a ass—a idiot.’ He therefore wished the eye of the law to ‘be opened by experience’. Many lawyers may have felt something similar about the conclusions of the High Court and Court of Appeal in the Morrisons vicarious liability case, where the famous Joel v Morison ‘frolic of his own’ ((1834) 6 C & P 501) seemed to be dead currency. Faith was, however, restored by the Supreme Court on 1 April 2020 which found no vicarious liability when a Morrisons internal auditor,

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

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll