swarb.co.uk - law index
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Vicarious Liability - From: 2003 To: 2003
This page lists 3 cases, and was prepared on 02 April 2018.
Weir v Chief Constable of Merseyside Police Times, 04 February 2003; [2003] ICR 708
29 Jan 2003
CA
Tuckey, Latham, LJJ, Sir Denis Henry
Vicarious Liability, Police
An off duty police officer had borrowed a marked police van without permission to help his girlfriend move house. The claimant appeared to be rummaging through his girlfriend's belongings. The claimant refused to obey officer who was employed by the respondent. He was assaulted, and placed in the rear of a police van. He appealed dismissal of his claim against the Chief Constable. Held: The officer had identified himself as a constable, and was using a police van: "when taking hold of Mr Weir, throwing him down the stairs, assaulting him and locking him in the police van saying he was taking him to the police station ...PC Dudley was apparently acting as a constable, albeit one who was behaving very badly. It is clearly fair that Mr Weir should recover for the assault and the injuries caused and for the time he was forcibly confined in the van." The nature of an officer's duties meant that the responsibility of a chief constable would be wider than might apply for other employments. Though the officer had acted unlawfully, his behaviour was not so far outside the nature of his work, and the Chief Constable had vicarious liability.
1 Citers
Barings Plc and Another v Coopers and Lybrand (A Firm) and Others; ChD 11-Jun-2003 - [2003] EWHC 1319 (Ch)
Mattis v Pollock (T/A Flamingo's Nightclub); CA 1-Jul-2003 - [2003] EWCA Civ 887; [2003] 1 WLR 2158; [2003] IRLR 603; [2004] PIQR P3; [2003] ICR 1335; [2004] 4 All ER 85
