Vicarious Liability

There has been a recent spate of decisions concerning the issue of vicarious liability. Over the years, the concept of vicarious liability (which refers to a situation where an employer can be held strictly liable for the acts or omissions of its employees) has evolved and extended its reach for reasons of public policy. We look at two of the most recent decisions in closer detail. 

Barclays Bank Plc v Various Claimants (2018) [2018] EWCA Civ 1670

Tougher Manslaughter Jail Sentences for Negligent Managers

Under new court guidelines to be introduced on 1st November 2018, managers charged with gross negligence manslaughter will face longer prison terms up to 18 years.

Historical Sexual Abuse – The Impact of Illegal Conduct on Claims for Damages

Claims for damages as a consequence of abuse show no signs of abating and remain a significant expense to Local Authorities. Claims for damages are often based upon an argument by the victim that the abuse they suffered has directly contributed to difficulties in their lives, such as, loss of earning potential. 

Regulatory Roundup

Increasing trend of significant fines based on turnover irrespective of the status of the organisation

• Two Construction Companies Fined £1.4 million After Worker Injured
• Charity Fined After Woman Injured by Lorry During Preparations for Bonfire Event
• Company Fined After Failing to Update Risk Assessment 
• Council Fined After Asbestos Found Exposed in a Primary School

Forbes at Trial: Judge finds ‘serial perjurer’ fundamentally dishonest

Hussain v Oldham Metropolitan Borough Council

July 2018 – Manchester CC

DJ Osborne                        

The claimant in this matter was found to be ‘fundamentally dishonest’ following the trial of his claim for personal injury.  The judge delivered a no holds barred judgment declaring the claimant to be ‘remarkably accident prone’, a ‘seasoned’ claimant and a ‘serial perjurer’

Forbes at Trial: A Misjudgement of Law

Lovell v Calderdale Metropolitan Borough Council

A claimant discontinued his claim at trial after proceeding on the erroneous basis that a highway is the same as a highway maintainable at the public expense.

The claimant alleged that he was walking along an alleyway when he tripped, fell and sustained a personal injury. 

Claimant Found Fundamentally Dishonest After Tailoring Evidence

Hartley v Preston CC

A claimant whose case for personal injury included multiple descriptions of the accident circumstances was found to be fundamentally dishonest at the conclusion of his trial.

HSE Sets its Sights on Construction   

According to the HSE the construction industry is one of the most hazardous industries in the country with around one third of all workplace fatalities occurring in construction. In the last 10 years more than 750 people (workers and members of the public) have died from injuries arising out of construction work.