Further authority on non-delegable duty and vicarious liability – Razumas v Ministry of Justice

Debate on the scope of the frequently-linked issues of non-delegable duty of care and vicarious liability remains extremely active and was recently reconsidered by the High Court in a judgment handed down on 12 February 2018. Continue reading

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

Cox: Ministry of Justice back in the Supreme Court

Lady Hale and Lords Reed and Toulson will hand down the court’s decision in Cox v Ministry of Justice on 2 March 2016. On the face it, this appears to be a straightforward employers’ liability (EL) claim involving injury to a member of prison staff. However since the accident was caused by a prisoner’s negligence, rather than that of another employee, the MoJ (as employer) has chosen to test the scope of vicarious liability in that setting. Continue reading