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Vicarious liability

What is vicarious liability?The general principle in criminal law is liability is personal not vicarious. This means that one person cannot be held liable for the crimes of another (other than where a person has aided, abetted, counselled or procured the act of another) (R v Huggins).See Practice Note: Encouraging and assisting criminality.There are exceptions to this general principle and, in some circumstances, liability can be transferred vicariously to another.Vicarious liability for public nuisance In R v Shorrock, the defendant was held to be vicariously liable for the common law offence of public nuisance having granted a licence over a field which was used for an event at which loud music was played which disturbed local residents. The defendant was not present at the event, but was found guilty of causing a public nuisance.In R v Stephens the defendant, an owner of a quarry, was convicted of nuisance when his workmen (contrary to his instructions and without his knowledge) disposed of rubbish into a river which obstructed the navigation. On...

Corporate criminal liability

This Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing corporate liability, the identification principle and the evidence required to establish corporate liability for prosecution.For an explanation of the factors which are taken into account before a company is prosecuted, procedure and how sentencing may be carried out following conviction, see Practice Note: How to prosecute a business.Corporate liabilityA company is defined for the purposes of the Companies Act 2006 (CA 2006) to mean a company formed and registered under the Act (see Practice Note: Incorporating a company—What is a company?). A company may also be defined by reference to its predecessors or equivalent legislation from another jurisdiction. A company may be either incorporated (a body corporate) or unincorporated. There are other bodies corporate which are not commonly described as companies, such as partnerships.A corporate body, including a company, is a separate legal identity (sometimes called a non-natural person). As such, it can be tried, convicted and sentenced for committing a crime....

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Particulars of claim—vicarious liability and breach of the Provision and Use of Work Equipment Regulations 1998 and the Lifting Operations and Lifting Equipment Regulations 1998

Particulars of claim—vicarious liability and breach of the Provision and Use of Work Equipment Regulations 1998 and the Lifting Operations and Lifting Equipment Regulations 1998 [ In the COUNTY COURT AT [insert] OR In the High Court of Justice ] [ [Specify division] ] [ [Insert location] District Registry ] Claim No: Between [Insert name]        Claimant and [Insert name]        First Defendant Second Defendant ________________________________________________ Particulars of claim ________________________________________________ 1 At all relevant times, the Claimant was working as a [insert job title eg Delivery Driver] for [insert employer’s name eg Plant Hire Limited]. In the course of his work, on [insert date of accident], he was required to deliver a power float (‘the float’) to the First Defendant’s premises at [insert address]. 2 Upon the Claimant’s arrival at the premises, the First Defendant explained to the Claimant that he intended to unload the float from the truck using a JCB. The First Defendant explained to the Claimant that there would be various people on site who would...

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Share Incentives weekly highlights—8 May 2025

This week's edition of Share Incentives weekly highlights includes a focus on executive remuneration, as the 2025 AGM season continues.

Employment weekly highlights—8 May 2025

This edition of Employment weekly highlights includes: (1) an EAT decision under the pre-IP completion day Brussels Regulation on the employment tribunal’s jurisdiction to hear claims brought by a British citizen employed by a company domiciled in Georgia, USA under an employment contract governed by the law of that State, (2) the launch by the Low Pay Commission (LPC) of a consultation on 2026 national minimum wage (NMW) and national living wage (NLW) rates, (3) an update to the HMRC Check Employment Status for Tax (CEST) tool, (4) a Court of Appeal decision to strike out whistleblowing detriment claims against external HR consultants, (5) confirmation from the Court of Appeal that, in the context of an indirect age discrimination claim relating to changes made by a parent company to the rules of a long term incentive plan (LTIP), the parent company was not the agent of the subsidiary employer, (6) a High Court decision that the alleged vicarious liability of a transferor employer does not transfer under TUPE, (7) the...