by Professor Paula Giliker, University of Bristol Law School
This blog will discuss two recent and important 2023 cases: the UK Supreme Court decision in Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15 and that of the High Court of Australia in CCIG Investments Pty Ltd v Schokman [2023] HCA 21. Both discuss vicarious liability and, in particular, the Stage 2 course of employment test. To establish vicarious liability in tort, two stages must be satisfied. Stage 1 is concerned with the relationship between the defendant and the person committing the tort (usually that of employer/employee). Stage 2 is concerned with the link between the commission of the tort and that relationship.