0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

BA child abuse claims shines spotlight on vicarious liability

31 July 2014

British Airways (BA) is being sued over allegations that a pilot abused children on stopovers in Africa. He allegedly used his involvement in BA’s community relations work to visit schools and orphanages which received donations from the airline.

Recent sexual abuse cases have chipped away at the test for vicarious liability. We now look for (i) an employment relationship or relationship “akin to employment”; and (ii) a sufficiently close connection between the employment and the wrongful act to make it fair, just and reasonable to hold an employer liable.

Whether BA will be liable will turn on the ‘close connection’ stage of the new test. It will be interesting to see what approach the court takes. However, the seemingly constant re-examination of vicarious liability in abuse cases, a readiness to sue corporate bodies, and the courts willingness to extend the principles appears to be driven by a desire to find any way to effectively compensate a victim of another’s wrongful act.

related opinions

High Court finds against WASPI women

The High Court has rejected the judicial review claim brought by the campaign group BackTo60 against the Department of Work and Pensions (DWP).

View blog

When does misconduct by a professional amount to professional misconduct?

The Court of Appeal has considered what amounts to professional conduct for the purposes of the MHPS in the case of Idu –v- The East Suffolk & North Essex NHS Foundation Trust.
The allegations raised against the Appellant surgeon included, amongst others, refusals to follow management instructions and inappropriate (rude, uncivil, and, on occasions, aggressive) verbal and written communications.

View blog

The importance of three magic words: subject to contract

A recent case illustrates the importance of ensuring that all emails discussing the terms of a proposed acquisition are headed ‘subject to contract’.

View blog

Vegetarianism is not a philosophical belief under the Equality Act 2010

In its Judgment earlier this month, the Tribunal considered whether vegetarianism is capable of being a philosophical belief capable of protection under the Equality Act 2010.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up