Archive for the 'vicarious liability' Category

Appeal court verdict could open the door for vicarious liability claimants – The Guardian

“This week, the question of who is potentially liable for the alleged physical and sexual abuse of 150 pupils at St William’s boys’ school in east Yorkshire between 1960 and 1992 was considered by the court of appeal. In 2004 the main abuser, Brother James Carragher, headmaster during this period, was convicted of abusing boys at the home.”

Full story

The Guardian, 27th October 2010

Source: www.guardian.co.uk

Court setback for Catholic child welfare society – The Independent

“A Catholic child welfare society which may face a multi-million damages claim over abuse at a school failed today to offload some of the liability.”

Full story

The Independent, 26th October 2010

Source: www.independent.co.uk

Morrison Sports Ltd and others v Scottish Power UK plc – WLR Daily

Morrison Sports Ltd and others v Scottish Power UK plc [2010] UKSC 37; [2010] WLR (D) 202

“A person who suffered loss as a result of a breach of statutory duty did not have a private right of action for damages when there was statutory provision for other forms of enforcement of the duty on behalf of the public.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

MAGA v Trustees of the Birmingham Archdiocese of the Roman Catholic Church – WLR Daily

MAGA v Trustees of the Birmingham Archdiocese of the Roman Catholic Church [2010] EWCA Civ 256; [2010] WLR (D) 76

“An archdiocese of the Roman Catholic Church was vicariously liable for the sexual abuse of a non-Catholic boy by a priest with special responsibility for youth work on the basis that there was a sufficient connection between the work he was employed to do and the abuse perpetrated.”

WLR Daily, 17th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Veakins v Kier Islington Ltd – WLR Daily

Veakins v Kier Islington Ltd [2009] EWCA Civ 1288; [2009] WLR (D) 353

“In many cases the remedy for high-handed or discriminatory misconduct by or on behalf of an employer would be more fittingly in the employment tribunal rather than by recourse to a claim for damages for the statutory tort of harassment.”

WLR Daily, 4th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese GmbH and Another – Times Law Reports

Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese GmbH and Another

Court of Appeal

“The principle which made an employer liable for the negligence of a subcontractor engaged to carry out extra-hazardous or dangerous operations was unsaisfactory and should be applied as narrowly as possible.”

The Times, 21st November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Biffa Waste Services Ltd and another v Maschinenfabrik Ernst Hese GmbH and others – WLR Daily

Biffa Waste Services Ltd and another v Maschinenfabrik Ernst Hese GmbH and others [2008] EWCA Civ 1238; [2008] WLR (D) 353

“The principle that a person who employed an independent contractor would be liable for the negligence of that independent contractor where the independent contractor was engaged to carry out extra-hazardous or dangerous operations was binding on the Court of Appeal but its application should be kept as narrow as possible. It should be applied only to activities that were exceptionally dangerous whatever precautions were taken. Welding, the activity in the instant case, was not exceptionally dangerous provided reasonable precautions were taken, so the principle did not apply.”

WLR Daily, 13th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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