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Weekly Personal Injury and Clinical Negligence Highlights (England and Wales): Vicarious Liability; QOCS for PIRA Victims; Maternity Services Debate; PIDR Minutes; New Intermediate/Fast Track SDOs — 25 January 2024

Published on: 25 January 2024

Published by a LexisNexis PI & Clinical Negligence expert

Legal News

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Employers' liability
Costs
Clinical negligence
Damages
Case management
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Employers' liability

Work experience tortfeasor held not sufficiently closely connected to defendant to be akin to employment

Permission to appeal was declined by the Supreme Court on 19 December 2023. In an earlier ruling, the Court of Appeal (Civil Division) in MXX v A Secondary School [2023] EWCA Civ 996 dismissed the claimant’s appeal. The respondent was a mixed secondary school educating pupils aged 11 to 16. The appellant, then 13, had joined the school. PXM, a former pupil of the school, undertook a work experience placement (WEP) there. He committed the torts of assault and battery against the claimant, later pleading guilty to sexual activity with a child. The claimant sought agreed damages of £27,500 for personal injury (recognised psychiatric illness) arising from the sexual assaults. The judge dismissed the claim, finding the school was not vicariously liable for PXM’s wrongdoing, as his connection with the school was not sufficiently close to be akin to employment. The claimant appealed...

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