April
Articles matching "employers' liability"
No vicarious liability for Christmas party accident
It was only last year that the Court of Appeal considered the issue of vicarious liability following an assault after a Christmas party in Bellman v Northampton Recruitment Ltd (2018). This month, the…
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Court of Appeal finds vicarious liability for violence of managing director during aftermath of company's Christmas party
Earlier this month the Court of Appeal handed down judgment in Bellman v Northampton Recruitment Ltd (2018). Samantha Chambers and Paul Donnelly consider the implications of the judgment which…
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Vicarious liability and independent contractors
Vicarious liability has regularly been under the spotlight recently. Sheryl Bignell and Paul Donnelly look at the Court of Appeal's decision which clarifies that following repeated extensions to the…
Read moreWhen an accident is just an accident: first judicial guidance on ERRA
Seema Bains Partner in DWF's London office and Nigel Lewers of 12 King's Bench Walk acted for an employer and their insurers, in what we believe to be the first reported case to consider the…
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Claimant limited to fixed Portal costs following failure to use MoJ Portal
Last month we reported on the Court of Appeal decision in Williams v The Secretary of State for Business, Energy & Industrial Strategy (2018) which gave costs guidance where a claimant failed to…
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Court of appeal costs guidance where claimant fails to use MOJ portal
William MacKenzie outlines the findings in the recent Court of Appeal decision in Williams v The Secretary of State for Business, Energy and Industrial Strategy (2018)
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Surveillance footage: Good days and bad days
In a case where the extent to which the claimant had recovered from injury was in issue, the court concluded that a disparity between his appearance on surveillance footage and his presentation to…
Read moreCourts demonstrate a reluctance to extend the concept of vicarious liability in two important decisions in the High Court and Court of Appeal
Following on from the Supreme Court’s decision earlier this year in Mohamud v WM Morrison Supermarkets Plc (see DWF update) the High Court and the Court of Appeal have introduced some balance to the…
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Vicarious liability is on the move…
As the opening sentence of Lord Reed’s judgment in Cox says, “vicarious liability is on the move” and the conjoined appeals of Cox v Ministry of Justice and Mohamud v WM Morrison Supermarkets Plc…
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Unanimous judgment of the Supreme Court gives a warning message to employers and their insurers
Andrew Lothian and Caroline Coyle take a look at the Supreme Court decision of Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland) [2016] UKSC 6 and its implications for employers and…
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