Vicarious Liability - Where Are We Now?

Introduction

Despite its long history, the law of vicarious liability remains complex to understand and apply in many factual situations. It has been a heavily explored topic in the higher courts, especially the last few years.

It continues to give rise to results which can be hard to predict, especially in contexts outside of traditional employment, or where an employee has behaved in a way the employer disapproves of.

It is essential that those acting for Claimants and Defendants in claims where vicarious liability may arise, such as in the sexual abuse, clinical negligence or personal injury fields, have a thorough understanding of the relevant tests.

During this live session, Isabel McArdle, a barrister with a large amount of relevant experience, will discuss the case law as it stands today, exploring in depth the various tests which may be in play and giving practical insight into how to apply those tests to likely factual scenarios. It is intended for this session to be interactive and so each participant will have the opportunity to raise questions throughout the session.

What You Will Learn

This live and interactive course will cover the following:

• Discussion as to the principles applicable to employees, including as clarified in Mohamud v. WM Morrisons Supermarkets Plc and WM Morrisons Supermarkets Plc v. Various Claimants
• Consideration of practical examples and difficulties in employee cases, such as the ramifications of the concept of ‘furthering an employer’s business’
• Discussion as to the principles applicable to non-employees, including Various Claimants v. Catholic Child Welfare Society (‘Christian Brothers’), Cox v. Ministry of Justice, Armes v Nottingham CC, Barclays Bank Plc v Various Claimants and BXB v. Trustees of the Barry Congregation of Jehovah’s Witnesses [2023]
• Consideration of practical examples and difficulties arising, including application of the ‘sufficiently close connection’ test
• Short discussion as to alternative categories of liability, including direct liability and non-delegable duties

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.