Thursday 3 March 2016

UK: Vicarious liability - the Supreme Court takes stock

The Supreme Court gave judgment yesterday in two cases concerned with vicarious liability and, in doing so, it took the opportunity (to borrow the words of Lord Reed in one of the cases) to take stock of the law's development since 2012, the year in which Lord Phillips observed in The Catholic Child Welfare Society v Various Claimants and The Institute of the Brothers of the Christian Schools [2012] UKSC 56 that the law was on the move. The two cases - Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 and Cox v Ministry of Justice [2016] UKSC 10 are complementary - and should be read alongside each other. The cases have been summarised by the ICLR: see, respectively, here and here. The Supreme Court's summaries are available here (pdf) and here (pdf).

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