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01 March 2013 / Dominic Regan
Issue: 7550 / Categories: Blogs
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Strange but true

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Dominic Regan delves into the sometimes illogical world of vicarious liability law

A hapless young man with a hydraulic air pipe inserted in his bottom. An impatient, trigger-happy policeman. Light–fingered employees conveying silver bullion. A perverted priest. The common link is—what else?—the law of vicarious liability. There is surely no area of tort which keeps a straight face when confronted by the utterly ludicrous.

The House of Lords came clean decades ago in ICI Ltd v Shatwell [1965] AC 656, [1964] 2 All ER 999 when it admitted that logic had little to do with the law. It was all about expediency. Since an employer had liability insurance and, it assumed, deep pockets too, there was a compelling pragmatic reason to make the employer liable for the activities of employees insofar as the relevant incident occurred in the course of employment.

A lurch forward

The law took a further lurch forward with the judgment of the Law Lords in Lister v Hesley Hall Ltd [2002] 1 AC 215, [2001] 2 All ER

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A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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