Posted inAbuse/Child Abuse Issue 10

The Boundaries of Vicarious Liability for Historic Child Abuse Explored Once Again

Blackpool Football Club v DSN [2021] EWCA Civ 1352 The facts The Court of Appeal considered an appeal against a finding that a football club was liable for the sexual abuse inflicted on a 13-year-old youth player in 1987 by a volunteer scout (Mr Roper) during a tour of New…
January 24, 2022Posted inAbuse/Child Abuse, Issue 10Tags:
Posted inAbuse/Child Abuse

High Court Rejects ‘Failure to Remove’ Abuse Claim

DFX v Coventry City Council [2021] EWHC 1382 (QB) In a significant adverse judgment for child abuse claimants, Mrs Justice Lambert rejected a claim brought by a number of Claimants who alleged that the Defendant council’s social services negligently delayed in instigating care proceedings and that, had they been removed…
July 9, 2021Posted inAbuse/Child AbuseTags: , ,
Posted inAbuse/Child Abuse Issue 9

Councils, Privately Run Care Homes and Vicarious Liability

SKX v Manchester City Council [2021] EWHC 782 (QB) In The Catholic Child Welfare Society and others v Various Claimants [2012] UKSC 56, Lord Phillips set out that two stages are to be addressed in establishing whether a party may be vicariously liable for the torts of another: Is the…
July 5, 2021Posted inAbuse/Child Abuse, Issue 9Tags:
Posted inAbuse/Child Abuse Issue 9

The Court of Appeal Considers Vicarious Liability

The Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356 In an important contribution to the law on vicarious liability, the Court of Appeal has considered an appeal against a decision of Mr Justice Chamberlain, discussed in QMLR by Charlotte Gilmartin here. In that decision,…
July 5, 2021Posted inAbuse/Child Abuse, Issue 9Tags:
Posted inAbuse/Child Abuse Issue 5

Vicarious Liability – Child Sexual Abuse

Haringey London Borough Council v FZO [2020] EWCA Civ 180  DSN v Blackpool Football Club [2020] EWHC 695 (QB)  EXE v Governors of the Royal Naval School [2020] EWHC 596 (QB)  This article originally appeared in Issue 5 (May 2020). Three recent cases have illustrated the application of a number…
May 1, 2020Posted inAbuse/Child Abuse, Issue 5Tags:
Posted inAbuse/Child Abuse Issue 5 Personal injury

Vicarious Liability – Is It Still ‘On The Move’?

WM Morrison Supermarket plc v Various Claimants [2020] UKSC 12  Barclays Bank plc v Various Claimants [2020] UKSC 13  This article originally appeared in Issue 5 (May 2020). These parallel judgments, handed down on the same day by the Supreme Court, clarify the two stage approach to determining whether an…
May 1, 2020Posted inAbuse/Child Abuse, Issue 5, Personal injuryTags:
Posted inAbuse/Child Abuse Issue 4

Sexual Abuse – A Third Party’s Fault?

BXB v Watch Tower and Bible Tract Society of Pennsylvania [2020] EWHC 156 (QB)  This article originally appeared in Issue 4 (March 2020). On 30 January 2020, Mr Justice Chamberlain gave judgment in BXB v (1) Watch Tower and Bible Tract Society of Pennsylvania (2) Trustees of the Barry Congregation…
March 1, 2020Posted inAbuse/Child Abuse, Issue 4Tags: ,
Posted inAbuse/Child Abuse Clinical negligence Costs Court of Protection Inquests Issue 4 Procedural Quantum Regulatory

In Brief – March 2020

In each issue, we try and cover cases in brief which we were unable to cover in full. Below are the cases covered in brief in Issue 4, March 2020. Attorney General of St Helena v AB and others (St Helena) [2020] UKPC 1 – Privy Council decision considering whether…
March 1, 2020Posted inAbuse/Child Abuse, Clinical negligence, Costs, Court of Protection, Inquests, Issue 4, Procedural, Quantum, RegulatoryTags:
Posted inAbuse/Child Abuse Issue 2

The Supreme Court Rules on the Liability of Public Authorities

Poole Borough Council v GN (through his litigation friend ‘The Official Solicitor’) and another [2019] UKSC 25  The article originally appeared in Issue 2 (July 2019). In this judgment, handed down by Lord Reed in June 2019, the Supreme Court found that Poole Borough Council did not owe a duty…
July 1, 2019Posted inAbuse/Child Abuse, Issue 2Tags: , ,