Foster and Clarke, ‘Expanding the law or unruly justice? The development of vicarious liability and the decision in Barclays Bank

INTRODUCTION
… As we shall see, the doctrine of vicarious liability has certainly proven its elasticity in recent years. However, the decision in Barclays Bank plc v Various Claimants in following the judicial trend of expansion has stretched the doctrine considerably further beyond the boundaries of employment, and it is now potentially applicable to situations concerning self-employed independent contractors. Thus, although the traditional distinction between a contract of service (employee) and a contract for service (independent contractor) has survived a series of radical developments to the scope of vicarious liability, the decision in Barclays appears to have abandoned this dichotomy. In doing so, the decision may have created waves of uncertainty within the historically safe waters surrounding independent contractor status.

€ (Westlaw)

Steve Foster and Marie Clarke, ‘Expanding the law or unruly justice? The development of vicarious liability and the decision in Barclays Bank’ [2019] Coventry Law Journal 93.

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