Posted inAbuse / Child Abuse Issue 14

Vicarious Liability for Abuse by Foster Parents who are also Relatives

Vicarious Liability for Abuse by Foster Parents who are also Relatives Lizanne Gumbel KC DJ v Barnsley Metropolitan Borough Council, AG [2023] EWHC 1815 (KB) Introduction Despite the developments in the law of vicarious liability through the cases of: JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust…
October 5, 2023Posted inAbuse / Child Abuse, Issue 14Tags:
Posted inClinical Negligence Issue 14

The Supreme Court Examine Vicarious Liability for Rape in the Context of a Religious Organisation

The Supreme Court Examine Vicarious Liability for Rape in the Context of a Religious Organisation Lizanne Gumbel KC Trustees of the Barry Congregation of Jehovah's Witnesses v BXB [2023] UKSC 15 Introduction In 1965, Lord Pearce, in the case of Imperial Chemical Industries Ltd v Shatwell [1965] AC 656, described…
October 4, 2023Posted inClinical Negligence, Issue 14Tags:
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

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: ,