Barclays Bank PLC v Various Claimants [2018]

• Case Reference

  EWCA Civ 1670

• Legal Body

  England and Wales Court of Appeal (EWCA)

• Type of Claim / Jurisdiction

  Contracts of Employment

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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