Tag: Mohamud v Wm Morrison Supermarkets Plc

Vicarious Liability in the Supreme Court: Can we finally say it is no longer on the move?

Posted on by lee.mcconnell

By Prof Paula Giliker, Professor of Comparative Law (University of Bristol Law School)

In Various Claimants v Catholic Child Welfare Society (CCWS) [2012] UKSC 56, Lord Phillips famously stated that “The law of vicarious liability is on the move.”  This leading case also made it clear that two elements have to be shown before one person can be made vicariously liable for the torts committed by another:

  1. a relationship between the two persons which makes it proper for the law to make the one pay for the fault of the other; and
  2. a connection between that relationship and the tortfeasor’s wrongdoing.

Later cases such as Cox v Ministry of Justice [2016] UKSC 10 and Armes v Nottinghamshire CC [2017] UKSC 60  have shown that the relationship, while primarily that of employer and employee, can extend to relationships akin to employment, including the relationship between a priest and his bishop[1] and a local authority and the foster parents to whom it entrusts children in care.  The Supreme Court in Mohamud v Wm Morrison Supermarkets Plc [2016] UKSC 11 also broadened the “connection” test to impose vicarious liability for torts which were connected to the field of activities of the employee, and where there was a sufficient connection between the position in which the employee was employed and his wrongful conduct to make it right for the employer to be held liable. (more…)

When Christmas drinks go wrong (Round Two) – Vicarious liability in the Court of Appeal … again

Posted on by lee.mcconnell

By Prof Paula Giliker, Professor of Comparative Law (University of Bristol Law School)

In January 2017, I published a blog on the decision of Judge Cotter QC in December 2016 in Bellman v Northampton Recruitment Ltd [2016] EWHC 3104 (QB).  This was a High Court decision determining whether an employer would be vicariously liable when a company’s managing director punched a fellow employee during an informal drinking session after the company’s annual Christmas party.   Tort lawyers will know that vicarious liability is a rule of strict liability, by which a person (usually an employer) is held strictly liable for the torts of his employees provided that they take place “in the course of employment”.  Following the House of Lords’ decision in Lister v Hesley Hall [2001] UKHL 22, a tort is now deemed to be in the course of employment if it is so closely connected with the employment that it would be fair and just to hold the employer vicariously liable.  In Bellman, the court was asked to apply the “close connection” test in the light of the Lord Toulson’s restatement of the test in Mohamud v Wm Morrison Supermarkets Plc [2016] UKSC 11 in March 2016.  In that case, Lord Toulson had stated that, in applying the test for “close connection”, the court has to consider two matters:

  • What are the functions or “field of activities” entrusted by the employer to the employee, or, in everyday language, what was the nature of his job?
  • Is there a sufficient connection between the position in which the employee was employed and his wrongful conduct to make it right for the employer to be held liable under the principle of social justice?

Judge Cotter QC in 2016 ruled that the violent assault had not been closely connected to the managing director’s duties for the company. On 11 October 2018, a unanimous Court of Appeal allowed Bellman’s appeal and ruled in favour of vicarious liability: [2018] EWCA Civ 2214.  This blog will consider the implications of this ruling. (more…)

When Christmas drinks go wrong – Vicarious liability and the ‘course of employment’ test in the High Court

Posted on by legalresearch

By Prof Paula Giliker, Professor in Comparative Law (University of Bristol Law School).

The office Christmas party is something many of us will have enjoyed recently.  In the words of Judge Cotter QC in the recent High Court decision in Bellman v Northampton Recruitment Ltd [2016] EWHC 3104 (QB), it is an occasion “no doubted dreaded by some and an annual highlight for others” (para 14).  Needless to say, in most cases, alcohol will be freely flowing and sadly things may be said or done regretted bitterly the next day.

In the case of the Northampton Recruitment Ltd 2011 Christmas party, it was not the party itself (held at the Collingtree Golf Club) which proved eventful, but the “after party” held in the lobby of the Collingtree Hilton Hotel in the course of which the managing director of the company, John Major, punched an employee (Clive Bellman) twice during the course of a disagreement at 3am. Mr Bellman’s head hit the marble floor, leading to brain damage. By the time of the trial, his condition was such that he was not able to litigate or manage his affairs and brought his claim as a protected party. To add to the tragedy, the parties in question had been friends since childhood. The assault, no doubt fuelled by alcohol, had been provoked by a work-related dispute, although discussions at the Hilton Bar had covered a variety of matters. The question for the court was whether the company would be held vicariously liable for the tort of its managing director. (more…)