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Key definition
Vicarious liability definition

What does Vicarious liability mean? Vicarious liability describes when one party (usually an employer or organisation) is held legally responsible, without proof of personal fault, for a wrongful act or omission committed by another (typically an employee) in the course of their work. It is a common‑law doctrine developed in case law rather than defined exhaustively by statute, though some legislation imposes analogous liability in specific contexts. Across England and Wales, Scotland, Northern Ireland and Ireland the core tests are broadly consistent: (1) a relationship of employment or one “akin to employment”; and (2) a sufficient connection between the tort/delict and the wrongdoer’s assigned functions—the “course...

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Corporate law case tracker 2018: High Court, Court of Appeal, Supreme Court and CJEU—ongoing and recent decisions

Practice notes
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This case tracker presents the current status and the most recent developments in key cases of interest to corporate practitioners where judgment was handed down, or expected to be handed down, in 2018. It includes key matters before the High Court, Court of Appeal, the Supreme Court and the Court of Justice of the European Union. It is not intended to be a fully comprehensive list of 2018 cases.

This tracker is divided into two parts as follows:

  • ongoing cases, ie those that are subject to appeal, and
  • recent cases, listed with the most recent first in time

Ongoing cases

  • Case: Frederick (Appellants) v Positive Solutions (Financial Services) Ltd (Respondent)
  • Citation: [2018] EWCA Civ 431
  • Court: Supreme Court (UKSC 2018/0067)
  • Subject: Tort—vicarious liability of a principal for an agent—existence of a direct duty of care
  • Status and background: Permission to appeal to the Supreme Court granted on 31 July 2018. Awaiting a hearing. A company (PS Ltd) was a financial adviser that appointed an agent (Warren) to introduce business to it...
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Web page updated on 21/05/2026

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