“This past year marks the twentieth anniversary of the decision of the House of Lords in Lister v Hesley Hall Ltd where the court first accepted that vicarious liability may be imposed upon an employer in respect of the sexual abuse of children by an employee. That was a case concerning the abuse of children in a boarding house by their warden between 1979 and 1982. Lister was a watershed in UK vicarious liability law, drawing heavily on ground-breaking developments at the time in the Supreme Court of Canada in Bazley v Curry in relation to the second part of the inquiry in any vicarious liability question which was focused on the wrongful act …”
€ (Westlaw)
Allison Silink and Desmond Ryan, ‘Twenty years on from Lister v Hesley Hall Ltd – is there now a “Tailored Close Connection Test” for vicarious liability in cases of sexual abuse, or not?’ (2022) 38(1) Professional Negligence 15-33.
First posted 2022-05-30 07:00:06
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