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ARTICLE · 22 APRIL 2020

Vicarious Liability: No Longer ‘On The Move'? Implications For Historical Abuse Cases

Clyde & Co
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The UK Supreme Court has handed down two judgments today which are of particular importance for cases involving historical abuse.

United KingdomLitigation, Mediation & Arbitration
Graeme Watson
Graeme Watson
Judith Martin
Judith Martin
Chris Dunn
Chris Dunn
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The UK Supreme Court has handed down two judgments today which are of particular importance for cases involving historical abuse. Together they both explore the two-stage test for vicarious liability. In recent years the courts have consistently expanded the vicarious liability test and the law had been described as "on the move". That movement appears to have slowed, if not stopped entirely.

While the decisions are relevant to historical abuse cases, they also have a much wider application. Clyde & Co's wider analysis of the decisions will be published in the coming week.

Vicarious liability

Vicarious liability involves a two-stage test:

  1. Is the relevant relationship one of employment or "akin to employment"?

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