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20 September 2018 / Vijay Ganapathy
Issue: 7809 / Categories: Features , Personal injury
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Expanding the boundaries of vicarious liability

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Vijay Ganapathy rounds up some critical cases on vicarious liability, damages for fear, independent contractors & causation

  • Outlines important caselaw at the frontiers of vicarious liability regarding employees, independent contractors, damages for fear alone, causation and novus actus interveniens.

Recently the courts have had to grapple with a variety of issues. Starting with vicarious liability, the Court of Appeal ruling in Barclays Bank plc v Various Claimants [2018] EWCA Civ 1670 further confirms the extent to which this doctrine has now been extended. The relevant test for determining whether a defendant is vicariously liable requires consideration of the following.

  • Was the relationship between the wrongdoer and defendant ‘akin to employment’?
  • If it was, was the wrongdoer’s act ‘closely connected’ with this employment?

The last couple of decades have seen the courts significantly broadening the range of scenarios in which both the above limbs could be applied. Therefore, in JGE v Trustees of the Portsmouth Roman Catholic Diocesan [2012] EWCA Civ 938, the defendant was found liable for the abuse committed by a priest even though he was not

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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