UNITED KINGDOM
DWF

Date: 18/09/12

Andrea Ward and Denise Brosnan consider the potential implications for local authorities following the recent Court of Appeal decision in JGE v Trustees of the Portsmouth Roman Catholic Diocesan Trust (2012) and ask: will there be an extension of the doctrine of vicarious liability to the relationship between local authorities and foster carers?

Background

The doctrine of vicarious liability establishes that an employer is liable for the tortious acts or omissions of its employees. It is a strict liability principle, in other words, the employer automatically becomes responsible for the employee’s tort without the need for actual fault on the part of the employer. The courts have been extending the range of relationships giving rise to potential vicarious liability.

In November 2011 Mr Justice MacDuff determined as a preliminary issue in the High Court that a Roman Catholic diocese could be vicariously liable for…