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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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Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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