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ARTICLE · 26 MAY 2020

Vicarious Liability – Two Important Judgments From The UK Courts

Two important judgements have recently been handed down in the UK in relation to vicarious liability.

United KingdomLitigation, Mediation & Arbitration

Two important judgements have recently been handed down in the UK in relation to vicarious liability.

On 18 February 2020, the Court of Appeal of England and Wales in Haringey London Borough Council v FZO [2020] EWCA Civ 180 upheld a High Court decision that a school was vicariously liable for the sexual abuse perpetrated by a teacher against a student for acts perpetrated both at school and after the claimant left the school.

On 1 April 2020, the Supreme Court in Barclays Bank plc v Various Claimants [2020] UKSC 13 allowed an appeal from the Court of Appeal and held that the traditional common law principle that a person will not be liable for the acts of an independent contractor, i.e. one who is carrying on business on his own account, still applies.

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This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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