Courts Demonstrate a Reluctance to Extend the Concept of Vicarious Liability in Two Important Decisions in the High Court and Court of Appeal - Liz Harrison, DWF LLP
04/03/17. Following on from the Supreme Court’s decision earlier this year in Mohamud v WM Morrison Supermarkets Plc, the High Court and the Court of Appeal have introduced some balance to the concept of vicarious liability. They have recognised the need to avoid fixing defendants and their insurers with an “undue burden” in refusing to extend the application of the principle to situations which on the face of it appear removed from the employee/employer relationship. Liz Harrison analyses the recent decisions in Fletcher v Chancery Lane Supplies Ltd (2016) and Bellman v Northampton Recruitment Ltd (2016).
Fletcher v Chancery Lane Supplies Ltd (2016)
Fletcher v Chancery Lane Supplies Ltd
Court of Appeal
20 October 2016
In Fletcher Mr Traynor, an employee was crossing a road between two sites operated by his employer, the defendant. One was a shop where he was primarily based. As he did so he collided with the claimant, a police officer riding a motorised bicycle.
Mr Traynor was not called to give evidence and there was no other evidence as to why he was crossing the road. The accident occurred at 12.45 pm and his working shift would ordinarily have...