Barclays Bank PLC v Various Claimants [2018]

Posted In: Case Law
  • Case Reference
    EWCA Civ 1670
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Contracts of Employment
Issues covered: Vicarious Liability; Torts of Independent Contractor; Employment Status; Control Test

The central question in this appeal related to the scope of vicarious liability. The CA had to decide whether an employer could be held vicariously liable for assaults perpetrated by a doctor who carried out medical examinations and assessments on behalf of the employer.

The decision is particularly important considering a recent number of decisions on the issue. The employer in this case argued that ‘one clear test’ remains determinative of vicarious liability: that ‘the employer is not vicariously liable for the torts of his independent contractor.’

The CA rejected this narrow approach and found that the medical examination process was to be considered part of the bank's business

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This article is correct at 26/07/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

The main content of this article was provided by John Taggart BL.

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