vicarious liability Archives - The QMLR Archive

Vicarious and Direct Liability for Horseplay

Chell v Tarmac Cement and Lime Limited [2022] EWCA Civ 7 The Facts The Claimant was employed as a site fitter for Roltech Engineering Ltd who contracted his services out to Tarmac Cement and Lime Ltd. Tensions arose with Tarmac’s own fitters and the Claimant spoke to his supervisor about…

By Dominic Ruck Keene May 24, 2022Issue 11, Personal injuryvicarious liability

Clinical negligence Issue 11

Non-Delegable Duty Healthcare Litigation: The Widening Woodland Boundaries

Hughes v Rattan [2022] EWCA Civ 107 In Hughes v Rattan [2022] EWCA Civ 107, the Court of Appeal answered the following question: was the owner and principal of a dental practice liable for the negligence of his self-employed associates? The claim arose from NHS care provided by three associate dentists. The…

By Robert Kellar KC May 24, 2022Clinical negligence, Issue 11dental negligence, non-delegable duty, vicarious liability

Abuse/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…

By Dominic Ruck Keene January 24, 2022Abuse/Child Abuse, Issue 10vicarious liability

Clinical negligence Issue 10

Dental Negligence, Vicarious Liability and Non-Delegable Duty: A Test Case

Hughes v Rattan [2021] EWHC 2032 (QB) In Hughes v Rattan [2021] EWHC 2032 (QB), the High Court was asked to answer the following question: was the owner of a dental practice liable for the dental negligence of a self-employed dentist engaged to work in the practice? The claim arose from NHS…

By Robert Kellar KC January 24, 2022Clinical negligence, Issue 10non-delegable duty, vicarious liability

Abuse/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…

By Thomas Beamont July 5, 2021Abuse/Child Abuse, Issue 9vicarious liability

Abuse/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,…

By Thomas Beamont July 5, 2021Abuse/Child Abuse, Issue 9vicarious liability

Clinical negligence Issue 9

Non-Delegable Duty: Different Dentist, Same Drill

Around this time last year, Dominic Ruck Keene examined the County Court decision in Ramdhean v Agedo and The Forum Dental Practice Limited 2020 WL 00620352. HHJ Belcher concluded that a dental practice owed a non-delegable duty of care with respect to treatment carried out by a dentist working there.…

By Jim Duffy July 5, 2021Clinical negligence, Issue 9non-delegable duty, vicarious liability

Issue 7 Personal injury

Practical Jokes and Personal Injury

Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613 (QB) If, for reasons best known to themselves, anyone were tempted to engage Spencer J in a practical joke, they may wish to take heed of the opening words of his recent personal injury appeal judgment in Chell v Tarmac…

By Michael Deacon March 8, 2021Issue 7, Personal injuryvicarious liability

Abuse/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…

By Shaheen Rahman KC May 1, 2020Abuse/Child Abuse, Issue 5vicarious liability

Clinical negligence Issue 5

Vicarious Liability – Associate Dentists

Ramdhean v Agedo and The Forum Dental Practice Limited 2020 WL 00620352 This article originally appeared in Issue 5 (May 2020). The Facts The claim arose out of allegedly negligent care given to the Claimant at a dental surgery. A preliminary hearing was held at Leeds County Court to consider…

By Dominic Ruck Keene May 1, 2020Clinical negligence, Issue 5dental negligence, non-delegable duty, vicarious liability