Lister v Hesley Hall Ltd [2001] UKHL 22 – Law Journals

Vicarious liability: Employer liable for after-party assault by its managing director

As the office Christmas party season gets underway, the Court of Appeal has provided a sobering reminder to employers of the breadth of their accountability for any misconduct by employees. Joanna Chatterton and Ed Livingstone report ‘The policy reasons for the courts wanting to make an employer liable are many, not least because the business …

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Vicarious liability: Unexpected items

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Kate Raybould reviews data protection and employer liability for employees’ actions ‘Despite the acts leading to the data disclosure taking place over a period of several months and only partly at his place of work, the judge found that there was an unbroken chain of events linking Skelton’s employment and his actions.’ In the space …

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Compensation: Vicarious liability – still ‘on the move‘

Philip Davy considers the far-reaching decision of the Supreme Court which held a local authority vicariously liable for the tortious acts of foster carers ‘This was not a case of negligence or fault-based liability; instead it was a case focused upon whether, and if so in what circumstances, ‘non-fault‘ liability could attach to the local …

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Vicarious liability: Taking the rap for rogue employees

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 …

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Breach Of Trust: Dirty money

James Shaw examines the criteria for establishing dishonest assistance ‘It was incumbent on Morgan J to analyse the extent to which, if at all, Mr Louanjli was required to, and did, influence the decision-making of those at Notable to accept the stolen funds from Mr Nobre.’ As with all expensive sequels, there is a resounding …

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Sexual Abuse Claims: A new boundary for vicarious liability?

Lawrence Caun considers the implications after Barclays Bank was held liable for a GP’s historic sex abuse ‘In assessing whether it was fair, just and reasonable to impose liability on the bank, many judges may not have found it difficult to conclude that Dr Bates’ actions in undertaking the medical examinations were entirely in pursuit …

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Vicarious Liability: Pushing the boundaries

Adam Ohringer considers the effects of the Supreme Court ruling in Mohamud v WM Morrison Supermarkets plc ‘In Mohamud, it was argued in the Supreme Court that the test for vicarious liability needed to be recast to be both more expansive and simpler to apply.’The concept that an employer is vicariously liable for the wrongdoing …

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Occupational Stress: Two of a kind

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Rushmi Sethi explores the inter-relationships between personal injury and employment law, when dealing with liability for psychological injury in occupational stress claims ‘The inter-relationships between tortious liability in personal injury practice and employment law practice with regard to occupational stress claims involve “some overlap”, because there are potentially two different fora available for redress with …

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Vicarious Liability: A modern theory?

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 …

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Legal News: Employment update

In the first part of a new series, Charlie Bowden rounds up recent case law and developments affecting employers and their advisers ‘The Supreme Court found that the relationships between the prisoners and the prison was akin to employment as, among other factors, the prisoners were carrying out activities for the benefit of the prison.’Vicarious …

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