You probably have all manner of discount and loyalty cards in
your wallet or purse. Here is another sheet to put with them: a
ready reckoner of the key issues in the fast changing area of
social service and abuse cases, which includes the latest case on
limitation, decided by the Court of Appeal in July 2009 (AB
v Nugent).
Vicarious liability
Defendants have the basic problem of Lister v Hesley
Hall, House of Lords (2001): the test is now whether the
employment is so closely connected to the tort that it would be
fair to impose vicarious liability on the employer.
In Lister, the abuser was the warden at a
children's home and the House of Lords found there was indeed a
sufficient connection between his role and the abuse of the boys at
the home. To say the least, this test runs counter to common sense
but the justification is that if there is such a connection then
this is one of the risks the employer has to bear when carrying out
its business.
