Vicarious liability: connections, customers and convicts

The Supreme Court’s decisions this morning in two joined cases both restate and further refine our understanding of vicarious liability in employers’ liability and associated claims.  The facts of each were reported in a blog last week and in both decisions today the claimants succeeded, unanimously in each case. The outcome is probably more surprising in the case of Mohamud than it is in the case of Cox. Even so, reading the cases together strongly suggests that the law on vicarious liability has not fundamentally changed. What the Supreme Court has done is to apply it differently than the Court of Appeal to both sets of facts. Continue reading