Vicarious liability

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Practice notes
The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
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19th May
Practice notes
CRU certificates—recoverable benefits and lump sum paymentsSeparate legislation covers the recovery of NHS charges. For guidance on requesting and...
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19th May
Practice notes
Future loss of earnings—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
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19th May
Practice notes
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May
Practice notes
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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19th May
Practice notes
Bringing a claim against a public authority in negligence—basis of dutyWhen will a public authority owe a duty of care?The Supreme Court considered...
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19th May
Practice notes
Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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19th May
Practice notes
Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act...
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19th May
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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19th May
Q&As
What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...
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19th May
Practice notes
Drafting counter schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount...
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Produced in partnership with Louise Thomson 19th May
Practice notes
Applying for an interim payment order in personal injury claimsTiming and procedureA claimant can apply for an interim payment order after the end of...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Military claimsBackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown...
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19th May
Practice notes
Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
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19th May

Most recent Vicarious liability content

Practice notes
Sexual abuse claimsLimitation issuesClaims for abuse are often presented many years after the events giving rise to them.It is usual practice in cases...
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9th Jun
Q&As
If a claimant is injured during a training course that was arranged by their employer but provided by a third party, does the employer owe a...
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5th Jun
Q&As
Where a driver is driving in the course of employment, is there any guidance on whether proceedings should be issued solely against the employers...
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Produced in partnership with James Tunley of Lamb Chambers 5th Jun
Q&As
Is there any relevant case law and guidance on whether a defendant employer is vicariously liable for an employee being injured as a result of an...
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Produced in partnership with David Green of 12 King's Bench Walk 5th Jun
Practice notes
Vicarious liability in road traffic accidentsIn the past, a defendant would only have been vicariously liable for the negligence of a driver if the...
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5th Jun
Practice notes
Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
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Produced in partnership with Andrew Wilson 5th Jun
Practice notes
Vicarious liability—case trackerWhen considering liability, a claimant will be seeking to establish the fault, whether negligence or breach of...
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5th Jun
Practice notes
Nature and operation of vicarious liabilityA personal injury claimant will typically be seeking to establish the fault, whether negligence or breach...
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Produced in partnership with Andrew Wilson 5th Jun
Practice notes
Vicarious liability for deliberate actsSince the decision in Lister v Hesley Hall in 2002, it has been clear that, subject to satisfaction of the...
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Produced in partnership with Andrew Wilson 5th Jun
Practice notes
Scope and impact of vicarious liabilityEmployees, workers, contractors and othersIn Various Claimants v Catholic Child Welfare Society, Lord Phillips...
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Produced in partnership with Andrew Wilson 5th Jun
Precedents
Particulars of claim—vicarious liability and breach of the Provision and Use of Work Equipment Regulations 1998 and the Lifting Operations and Lifting...
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5th Jun

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