header-logo header-logo

The blame game

18 January 2013 / Richard Scorer
Issue: 7544 / Categories: Features , Personal injury
printer mail-detail

Richard Scorer examines the extent of vicarious liability for sexual abuse

The extent of vicarious liability of organisations for sexual assaults committed by their employees, or by non-employees over whom they exercise control, has been examined by the courts in a series of recent cases.

The latest authority is the decision of the Supreme Court in Catholic Child Welfare Society and others (Appellants) v Various Claimants (FC) and The Institute of the Brothers of the Christian Schools and others (Respondents) [2012] UKSC 56. As Lord Phillips said in his lead judgment, “the law of vicarious liability is on the move”, and has received recent consideration by appellate courts not only in the UK, but in Canada and Australia. Where does this latest case leave us?

Background

Following the decision of the House of Lords in Lister v Hesley Hall [2002] 1 AC 215, organisations can be vicariously liable for sexual misconduct by their employees where there is a sufficiently “close connection” between the employment and the acts complained of. This landmark decision overturned previous authorities

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll