Dear List Members,

Whilst it is only a first instance decision, list members may be interested to know that the English High Court in Various Claimants v Barclays Bank (http://www.bailii.org/ew/cases/EWHC/QB/2017/1929.html) has held a defendant bank vicariously liable for the acts of an independent contractor doctor.  The doctor was contracted to provide medicals (in his own home) as part of the bank’s recruitment process.

Whilst distinguishable on the ground that the doctor wrote reports on the bank’s stationary, if this case is followed, particularly the approach towards the application of the test at [45], many independent contractors will now satisfy stage 1 of vicarious liability.  

Kind regards,

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