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15 December 2017 / Carol Dalton , Carol Dalton
Issue: 7774 / Categories: Features , Personal injury , Employment
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Vicarious liability: placing the blame

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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

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
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Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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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