Posted inIssue 11 Personal injury

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…
May 24, 2022Posted inIssue 11, Personal injuryTags:
Posted inClinical 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…
May 24, 2022Posted inClinical negligence, Issue 11Tags: , ,
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 inClinical 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…
January 24, 2022Posted inClinical negligence, Issue 10Tags: ,
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 inClinical 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.…
July 5, 2021Posted inClinical negligence, Issue 9Tags: ,
Posted inIssue 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…
March 8, 2021Posted inIssue 7, Personal injuryTags:
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 inClinical 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…
May 1, 2020Posted inClinical negligence, Issue 5Tags: , ,