Charles Wynn-Evans reports on several recent cases which demonstrate how employers can end up being liable for their employees‘ wrongdoing ‘The various recent cases summarised in this article demonstrate not only the variety of situations to which the issue of vicarious liability can be relevant but also the potential width of its application and the …
Continue reading "Vicarious liability: Taking the rap for rogue employees"
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Tabitha Georghiou and Matthew Ramsey examine the impact of two cases on the existing tests to establish employers’ liability for acts committed by employees or other individuals ‘It is hard to avoid the conclusion that the courts have preferred to use relatively loose language to describe the test for vicarious liability so that they can …
Continue reading "Vicarious Liability: A modern theory?"
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Wills & Trusts Law Reports | November 2014 #144Mr Mikhaylyuk (M), a manager for the first respondent, NOUK, with responsibility for negotiating the charters of vessels owned by companies within the Novoship group, the remaining respondents, owed fiduciary duties to all the respondents. M had arranged a series of schemes by which he defrauded his principals and enriched himself and others by the payment of bribes given to him by those who chartered his principals’ vessels. These schemes included one concerning vessels chartered to companies owned and controlled by Mr Ruperti (R) which R then sub-chartered at substantially higher rates...
Wills & Trusts Law Reports | June 2014 #140In connection with a transaction dating back to 1986 the respondent paid $6,520,190 to a solicitor in England to be held in trust on terms that it should not be released until certain funds were made available to him in Nigeria. The solicitor pocketed $500,000 and, in fraudulent breach of trust, paid out the balance to the appellant’s account with Midland Bank in London. It was alleged that the appellant was a party to the fraud. The respondent obtained permission to serve a claim form out of the jurisdiction and an application was made to set aside that permission.
Supperstone J ...
Jonathan Wheeler reviews the case law in the last 12 months A set of recent cases from 2012 have been concerned with establishing whether there is a relationship giving rise to vicarious liability on the part of the defendant at all. Vicarious liability is a doctrine of strict liability on the part of a defendant …
Continue reading "Vicarious Liability: Is the connection close enough?"
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Chris Gutteridge contemplates recent decisions of the Court of Appeal on an employer’s liability for injuries sustained by employees who are victims of violence while at work The trial judge was entitled to conclude that the failure to provide full-time guarding did not amount to a failure to take reasonable care for the safety of …
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Wills & Trusts Law Reports | December 2012 #125A Jersey fiduciary services provider known as the Lavy Hancox Group (the LH Group) was, during the 1990s, the forum for fraudulent activities by its beneficial owner, Mr Raymond Bellows (Bellows).
The plaintiff/appellant (a BVI company) was administered by the LH Group. They alleged that the LH Group, unlawfully and without authority, caused US$480,000 to be transferred to an account (the Midland account) held in the name of a subsidiary company, Lavy Hancox Management Ltd.
The defendant/respondent was also in receipt of the LH Group’s fiduciary services: Levy Hancox ...
Wills & Trusts Law Reports | June 2012 #120In 1986, Dr Williams (D) participated in a transaction under which, he alleges, he was defrauded of $6,520,190. He commenced proceedings on 10 March 2010 against Central Bank of Nigeria (CBN) alone, asserting that: an English solicitor, Reuben Gale (R), held that sum of money in his client account in trust for D on terms that he would only release it if and when certain funds had been paid in Nigeria; in May 1986 R fraudulently paid away $6,020,190 of the sum held by him for D to the account of CBN with Midland Bank in England; CBN was party to the fraud; and R retained the balance of $5...
Vicarious liability; assault; acting in course of employment ‘Recent authorities have highlighted the need to adopt a broad view of the nature of employment and what is reasonably incidental to an employee’s duties under it.’ This case concerns two contrasting decisions in conjoined appeals and addresses when an employer will be vicariously liable for anemployee’s …
Continue reading "Case Report: Weddall v Barchester Healthcare Ltd; Wallbank v Wallbank Fox Designs Ltd"
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