NA v Nottinghamshire County Council [2014] EWHC 4005 (QB); [2015] EWCA Civ 1139 – Law Journals

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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Liability: A catalogue of errors

In the first of this two part article Robert Weir QC provides an invaluable reference compiling the most significant cases involving liability decisions in the last year ‘Vicarious liability can apply outside of an employment relationship provided that the tort is done by an individual who carries on activities as an integral part of the …

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Non-Delegable Duties: Where next after Woodland?

Philip Turton assesses the effects of the recent clarifications in non-delegable duty case law ‘In the time since Woodland, lawyers have already started looking to other classes of vulnerable persons who might also be protected by such a duty.’ Liability which is imposed without fault is at odds with most cases encountered day to day …

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Child Abuse: Local authority liability

Richard Scorer considers failure to protect claims ‘It will be difficult if not impossible for local authorities to rely on the limitation defences they have deployed in “historic” failure to remove claims.’ Over the last three years, since the revelations about Jimmy Savile, child abuse scandals have dominated the media. Many more victims have come …

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Multiple Defendants: Who to sue?

In the second of two articles Linda Jacobs looks at legal liability in multiple defendant claims ‘Where two or more tortfeasors cause different damage to the claimant, the causes of action are distinct from one another. The claimant can sue each defendant, but can only recover the extent of the damage for which each tortfeasor …

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