From: Gerard Sadlier <>
Date: 12/11/2015 15:39:29 UTC
Subject: English Court of Appeal's Latest Judgment on Vicarious Liability and Non-Delegable Duties of Care

Dear all

Please see a link to the latest judgment of the English Court of
Appeal on the above issues.

The claimant sued a local authority which had taken her into care and
placed her with foster parents for successive epesodes of physical and
sexual abuse. The claim pleaded was not for negligence but that
1. The local authority were vicariously liable for the acts of the
foster carers; or
2. The local authority had a non-delegable duty of care to the Plaintiff.

Perhaps unsurprisingly, the claim failed. All members of the Court
delivered individual judgments, which are not in accord on all points.

The case is a tragic one but the result seems right to me. The
consequences of a decision the other way would be serious and

Kind regards