Donal Nolan, ‘Reining in Vicarious Liability’

By any measure, the English law of vicarious liability has changed dramatically over the course of the last 20 years. The most significant driver of the doctrine’s transformation has plainly been the desire of the courts to reshape the law so as to provide meaningful redress to the victims of child sexual abuse in institutional settings. And the overall effect has been a significant expansion in the scope of the doctrine, accompanied by high levels of uncertainty, as reflected in the frequency with which appeals on the subject have been heard by the Supreme Court in recent years. In 2016, the Court handed down judgments in two such appeals on the same day, Cox v Ministry of Justice and Mohamud v WM Morrison Supermarkets plc. One suspects that those judgments were intended to be definitive statements …

Donal Nolan, Reining in Vicarious Liability, Industrial Law Journal, Published: 10 October 2020.

Leave a Reply