Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd [2005] EWCA Civ 1151 – Law Journals

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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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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Vicarious Liability: Is the connection close enough?

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 …

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Employment: Taking responsibility

David Sawtell examines liability for third parties in contracts for services Relying on this case, it will be easier for claimants to argue that a parent company should be liable for the acts or omissions of its subsidiary.A company usually accepts that it owes a duty of care to its own employees, and that it …

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Case Report: JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust [2012] EWCA Civ 938

Test for vicarious liability; cumulative approach All three judges agreed that priests are not employees, and that there could be no question of an ‘intention to create’ any legal relationship. In JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust [2012], the Court of appeal, by a majority of two to one (Ward …

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