The Bank had employed a doctor to provide medical assessments as necessary. The doctor had used the opportunities presented to assault sexually many patients. The court was now asked whether the Bank was vicariously liable for the acts of this independent contractor.
Held: The appeal was allowed. The Doctor was not employed by the bank in such a way as to make them vicariously liable for his actions: ‘Clearly, although Dr Bates was a part-time employee of the health service, he was not at any time an employee of the Bank. Nor, viewed objectively, was he anything close to an employee. He did, of course, do work for the Bank. The Bank made the arrangements for the examinations and sent him the forms to fill in. It therefore chose the questions to which it wanted answers. But the same would be true of many other people who did work for the Bank but were clearly independent contractors, ranging from the company hired to clean its windows to the auditors hired to audit its books. Dr Bates was not paid a retainer which might have obliged him to accept a certain number of referrals from the Bank. He was paid a fee for each report. He was free to refuse an offered examination should he wish to do so. He no doubt carried his own medical liability insurance, although this may not have covered him from liability for deliberate wrongdoing. He was in business on his own account as a medical practitioner with a portfolio of patients and clients. One of those clients was the Bank.2
Judges:
Lady Hale, Lord Reed, Lord Kerr, Lord Hodge, Lord Lloyd-Jone
Citations:
[2020] UKSC 13, 2020 Rep LR 74, [2020] IRLR 481, [2020] Med LR 155, [2020] 2 WLR 960, [2020] 4 All ER 19, (2020) 175 BMLR 1, [2020] AC 973, [2020] PIQR P11, [2020] ICR 893, [2020] WLR(D) 205, [2020] PNLR 22, UKSC 2018/0164
Links:
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Video Summary, SC 28 Nov 2019 am Video, SC 28 Nov 2019 pm Video
Jurisdiction:
England and Wales
Citing:
Cited – The Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others SC 21-Nov-2012
Law of vicarious liability is on the move
Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found . .
Cited – WM Morrison Supermarkets Plc v Various Claimants SC 1-Apr-2020
. .
Cited – Quarman v Burnett 1840
. .
Cited – Barclays Bank Plc v Various Claimants CA 17-Jul-2018
126 claimants alleged sexual assaults by an independently contracted doctor, now deceased, during the course of their employment by the defendant bank. The court now considered whether the bank was vicariously liable for his acts.
Held: It . .
Cited – Armes v Nottinghamshire County Council SC 18-Oct-2017
The claimant had been abused as a child by foster parents with whom she had been placed by the respondent authority. The court was now asked, the Council not having been negligent, were they in any event liable having a non-delegable duty of care . .
Cited – Salsbury v Woodland CA 1970
The defendant had instructed independent contractors to remove a large tree in his garden. When they did so, the plaintiff was injured when the car he was in was fouled in a wire brought down by the tree. The defendant householder appealed against a . .
Cited – D and F Estates v Church Commissioners for England HL 14-Jul-1988
The House considered the liability of main contractors on a construction site for the negligence of it sub-contractors.
Lord Bridge said: ‘It is trite law that the employer of an independent contractor is, in general, not liable for the . .
At First Instance – Various Claimants v Barclays Bank Plc QBD 26-Jul-2017
The claimants alleged that they had been sexually assaulted many years ago by a doctor employed by the defendant bank on their applications for employment. The court was now asked as a preliminary point whether the Bank was vicariously liable for . .
Cited – Cox v Ministry of Justice SC 2-Mar-2016
The claimant was working in a prison supervising working prisoners. One of them dropped a bag of rice on her causing injury. At the County Curt, the prisoner was found negligence in the prisoner, but not the appellant for vicarious liability. The . .
Cited – Jacobi v Griffiths 17-Jun-1999
(Canadian Supreme Court) A children’s club was not vicariously liable for the acts of an employee which took place in the employee’s home outside working hours. It was not enough that his employment in the club gave him the opportunity to make . .
Cited – Woodland v Essex County Council SC 23-Oct-2013
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming . .
Cited – JGE v The Portsmouth Roman Catholic Diocesan Trust CA 12-Jul-2012
The claimant suffered physical and serious sexual abuse whilst a child at a children’s home run by the defendant. A parish priest committed some of the abuse, and she claimed that the defendants were vicariously liable. They denied such liability. . .
Cited – Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd and others CA 10-Oct-2005
Severe flood damage had been caused to a factory, where air-conditioning was being installed, by the negligence of a fitter’s mate; the fitter and his mate had been supplied on a labour only basis by the third defendant to the second defendant to . .
Cited – Lister and Others v Hesley Hall Ltd HL 3-May-2001
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers.
Held: ‘Vicarious liability is legal . .
Cited – Bazley v Curry 17-Jun-1999
(Canadian Supreme Court) The court considerd the doctrine of vicarious liability: ‘The policy purposes underlying the imposition of vicarious liability on employers are served only where the wrong is so connected with the employment that it can be . .
Cited – Clyde and Co LLP and Another v van Winkelhof SC 21-May-2014
Solicitor Firm Member was a Protected Worker
The solicitor appellant had been a member of the firm, a limited liability partnership. She disclosed criminal misbehaviour by a partner in a branch in Africa. On dismissal she sought protection as a whistleblower. This was rejected, it being found . .
Cited – Pimlico Plumbers Ltd and Another v Smith SC 13-Jun-2018
The parties disputed whether Mr Smith had been an employee of or worker with the company so as to bring associated rights into play. The contract required the worker to provide an alternate worker to cover if necessary.
Held: The company’s . .
Cited – Kafagi v JBW Group Ltd CA 18-May-2018
The defendant company had a contract with a local authority to collect their council tax debts. It sub-contracted the work to a registered bailiff, the alleged tortfeasor, who ran his own business and could pick and choose what work to do, had his . .
Cited – Ng Huat Seng v Mohammad 26-Sep-2017
(Singapore Court of Appeal) The owners of a property had engaged the tortfeasor as an independent contractor to carry out demolition works at their premises. It was argued that the recent decisions had undermined the distinction between employees . .
Lists of cited by and citing cases may be incomplete.
Vicarious Liability
Updated: 07 August 2022; Ref: scu.649484