Tort Law

Vicarious Liability Cases

Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214

Key Point

• The test for vicarious liability is to be applied widely, such that an employer may be vicariously liable for misconduct happening in an off-hours social event, if there is a sufficient connection to the tortfeasors field of activities.

Facts

• After a company Christmas party, a group of employees staying in a nearby hotel on company expenses, decided to keep drinking together.
• Around 3AM an argument between Mr Major, the managing director and an employee arose, in which the employee questioned Mr Major’s managerial decisions.
• Mr Major punched the employee twice, causing him to hit his head and suffer a brain injury.
• The employee sued the company, Northampton Recruitment, for being vicariously liable for the assault inflicted by Mr Major.