Case Report: Cox v Ministry of Justice [2016] UKSC 10

Vicarious liability; breach of duty; protection for victims of tort; employment relationship ‘Technical arguments about employment status will not save a defendant from vicarious liability, since the approach looks at the business reality.’ Who would have thought a generation ago that the prison service would be held vicariously liable for the negligence of a prisoner? …
This post is only available to members.

Workplace Claims: Testing the boundaries

Gurion Taussig reviews recent significant employer’s liability cases ‘The duty upon the employer can not be easily displaced and even hazards with a low risk of eventuating will engage the PPE Regulations.’ This employer’s liability article focuses on some of the more significant decisions of the Court of Appeal in the last 18 months. During …
This post is only available to members.

Vicarious Liability: Lessons from three recent cases

Rachel Farr considers when an employer is liable for the actions of its employees ‘An act might appear unconnected with an employee’s work but, taking the context and circumstances in which it occurred into account, it may be seen as incidental to, and within the scope of, employment.’ An employer is liable for the torts …
This post is only available to members.