header-logo header-logo

Vicarious liability: placing the blame

15 December 2017 / Carol Dalton , Carol Dalton
Issue: 7774 / Categories: Features , Personal injury , Employment
printer mail-detail
nlj_7774_dalton

Carol Dalton reviews the state of vicarious liability in 2017

  • 2017 saw a dramatic swing in cases concerning vicarious liability, where employers were held accountable for the failings of their employees.

Our understanding of how vicarious liability applies to claims has been transformed through the key decisions of the last two years. In 2016 the Supreme Court held that vicarious liability applied to the negligent actions of a prisoner working in prison kitchen (Cox v MoJ [2016] UKSC 10) and to the actions of an employee who viciously assaulted a customer (Mohamud v Morrison Supermarkets [2016] UKSC 11). There was much discussion following these decisions about whether the doctrine was still ‘on the move,’ and indeed it was. However, few could have predicted that the development of the doctrine could have continued on such a steep incline in 2017. Against this background it is important to understand the key decisions made and the implications.

2017 decisions

In July 2017, the High Court held

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll