Barclays Bank PLC v Various Claimants [2018] EWCA Civ 1670
The Court of Appeal has held that the independent contractor
defence is no longer recognised for vicarious liability claims.
The two stage test postulated in
Cox and Mohamud applies when considering whether party is
vicariously liable for the conduct of any third party, even an
independent contractor.
Applying these tests, the Court of Appeal upheld the
first instance finding that Barclays were vicariously liable
for sexual assaults allegedly perpetrated by Dr Gordon Bates during
pre-employment medical examinations.
Background
In this group litigation, 126 Claimants are seeking damages
against Barclays Bank in respect of alleged sexual assaults
perpetrated by Dr Gordon Bates during pre-employment medical
examinations.
