swarb.co.uk - law index
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Vicarious Liability - From: 2002 To: 2002
This page lists 4 cases, and was prepared on 02 April 2018.
Cornelius v Hackney London Borough Council Times, 27 August 2002; [2002] EWCA Civ 1073
25 Jul 2002
CA
Lord Justice Waller and Lord Justice Laws
Local Government, Torts - Other, Vicarious Liability
The applicant sought damages from the council for misfeasance in public office. Protracted litigation had followed his dismissal after he had attempted to bring allegations of misconduct within the authority to the attention of a council committee. He appealed an order striking out his claim. Held: The distinction between a public officer exercising his power and one abusing his position as a public officer, did not defeat the claim. It was possible that a senior officer of the council could be liable to the claimant for abuse, and also that the Authority could be vicariously liable for such acts. The issues were of fact, and inappropriate for a strike out.
1 Cites
[ Bailii ]
Mattis v Pollock (T/A Flamingo's Nightclub) [2002] EWHC 2177 (QB); [2003] 1 WLR 2158; [2004] 4 All ER 85; [2003] All ER (D) 10; [2004] PIQR P3; [2003] IRLR 603; [2003] ICR 1335
24 Oct 2002
QBD
Richard Seymour QC J
Personal Injury, Vicarious Liability
The claimant sought damages after being assaulted by a doorman employed by the defendant. Held: The responsibility of the nightclub owner for the actions of his aggressive doorman was not extinguished by the separation in time and place from what had happened in the nightclub, and that vicarious liability was therefore established. The owner had chosen to employ the doorman, knowing and approving of his aggressive tendencies, which he had encouraged rather than curbed. The court considered closely the effect of the decision in Lister v Hesley Hall. However, 'even if it were not necessary to be able to point to some duty owed by Mr. Pollock to Mr. Mattis which was current at the time of Mr. Cranston's attack, there was not a sufficiently close connection between the employment of Mr. Cranston by Mr. Pollock and the assault on Mr. Mattis for it to be fair and just for Mr. Pollock to be vicariously liable to Mr. Mattis for the consequences of that attack. '
1 Cites
1 Citers
[ Bailii ]
Dubai Aluminium Company Limited v Salaam and Others; HL 5-Dec-2002 - Times, 06 December 2002; [2003] 1 Lloyd's Rep 65; [2002] UKHL 48; [2002] 3 WLR 1913; [2003] 2 AC 366; [2003] 1 All ER 97; [2003] 2 All ER (Comm) 451; [2003] 1 LLR 65; [2003] 1 BCLC 32; [2003] IRLR 608; [2003] 1 CLC 1020; [2003] WTLR 163
A, B v Essex County Council Times, 24 January 2003; [2002] EWHC 2707 (QB)
18 Dec 2002
QBD
The Honourable Mr Justice Buckley
Local Government, Professional Negligence, Vicarious Liability
The applicants sought damages after they had had placed with them for adoption a child who proved to be destructively hyperactive. Held: The authority might be liable where they failed to disclose to adoptive parents known characteristics of a child. A person exercising a particular skill might owe a duty of care where its negligent performance might adversely affect others (Phelps). The local authority can be vicariously liable for any damages resulting. It was foreseeable that a child known to be violent to people and property might cause injury in the future.
Adoption Act 1976
1 Cites
1 Citers
[ Bailii ]
