QUEEN'S BENCH DIVISION
LIVERPOOL DISTRICT REGISTRY
Derby Square, Liverpool, L2 1XA |
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B e f o r e :
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Claimant |
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CHIEF CONSTABLE OF MERSEYSIDE POLICE |
Defendant |
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Graham Wells (instructed by Weightmans) for the Defendant
Hearing dates: Thursday 16th November 2006
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Crown Copyright ©
Mr Justice Nelson :
The facts.
Vicarious liability.
"In respect of torts committed by constables under his direction and control in the performance or purported performance of their functions in a like manner as a master is liable in respect of torts committed by his servants in the course of their employment and accordingly shall in respect of any such tort, be treated for all purposes as a joint tortfeasor."
"So it is no answer to say that the employee was guilty of intentional wrong doing, or that his act was not merely tortious but criminal or that he was acting exclusively for own his own benefit, or that he was acting contrary to express instructions, or that his conduct was the very negation of his employer's duty."
"The policy purposes underlying the imposition of vicarious liability on employers are served only where the wrong is so connected with the employment that it can be said that the employer has introduced the risk of the wrong (and is thereby fairly and usefully charged with its management and minimisation). The question is whether there is a connection or nexus between the employment enterprise and that wrong that justifies imposition of vicarious liability on the employer for the wrong, in terms of fair allocation of the consequences of the risk and/or deterrents."
The Submissions.
The Claimant.
The Defendant.
Conclusions.