The Catholic Child Welfare Society v Various Claimants [2010] EWCA Civ 1106; [2012] UKSC 56 – Law Journals

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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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? …

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Abuse: Is vicarious liability really ‘on the move’?

James Counsell and Ben Bradley discuss the legal implications of the decision in A v The Trustees of the Watchtower Bible and Tract Society [2015] and some practical learning points arising from their involvement in the case ‘The duty of care in any safeguarding claim is likely to turn upon the issue of the assumption …

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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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Civil Litigation: Compensation for child abuse

Stephanie Prior looks at recent media events and the difficulties faced by victims pursuing claims ‘Civil claims against individuals are often very complex. The individual abuser will be the defendant and it is essential to ascertain from the outset whether or not they are able to pay compensation.’ One only needs to glimpse at the …

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