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26 June 2008
Issue: 7327 / Categories: Case law , Law digest , Employment
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Tort

Gravil v Carroll [2008] EWCA Civ 689, [2008] All ER (D) 234 (Jun)

The essential question when considering whether an employer was liable for the tort of an employee is whether or not the tort is so closely connected with the employment, ie with what was authorised or expected of the employee, that it would be fair and just to hold the employer vicariously responsible. In answering that question the court must take account of all the circumstances of the case.

It will ordinarily be fair and just to hold the employer liable where the wrongful conduct may fairly and properly be regarded as done while acting in the ordinary course of the employee’s employment. This is because an employer ought to be liable for a tort which can fairly be regarded as a reasonably incidental risk to the type of business being carried on.

It is not appropriate to ask a broader question, namely whether or not in all the circumstances of the case it would be fair and just to hold the employer. The critical factor is the nature of the employment and the closeness (or otherwise) of the connection between the employment and the tort. The question what is fair and reasonable must be answered in the context of the closeness or otherwise of that connection (Sir Anthony Clarke MR at 21–22).

Issue: 7327 / Categories: Case law , Law digest , Employment
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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
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