JGE v English Province of Our Lady of Charity and another [2011] EWHC 2871 (QB), [2011] All ER (D) 50 (Nov)
In examining whether party A was vicariously responsible for the acts of party B, there was a two-stage test. The first stage involved an inquiry into the relationship between A and B; whether it was a relationship to which the principles of vicarious liability might attach. The second involved an inquiry into the act or omission of B which was in question; whether the act was within the scope of employment or other relationship. It was the nature and closeness of the relationship which was the test at stage one. Of particular relevance to stage one would be the nature and purpose of the relationship: whether tools, equipment, uniform or premises were provided to assist the performance of the role; the extent to which the tortfeasor might reasonably be perceived as acting on behalf of the authoriser. That was not an exhaustive list. Every case would be fact specific and other factors would become apparent as and when they occurred.
The extent to which there
