Vicarious Liability

Recent Supreme Court judgments have significantly extended the scope of vicarious liability, that is liability for the actions of the others. The consequences will be far reaching, and individuals and organisations will be liable where they would not have been before. At the same time, Scottish legislation has removed the time limit for raising claims related to childhood abuse and has introduced changes which mean that potential claimants face less risk in legal expenses if they chose to make a claim and that those defending claims face significant cost; even if they are successful. It is essential that professionals involved in the assessment and management of risk understand the potential for more and higher value claims and take steps to ensure that there is adequate provision in place.

What is it?
This 45-minute talk will explore the new scope of vicarious liability and explain the range of circumstances in which liability may now arise. It will also discuss recent legislation in Scotland; the Limitation (Childhood Abuse) (Scotland) Act 2017 and the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, the interaction of those Acts with the changing law and the likely effect on claims volume and value.

Who is it for?
Professionals such as brokers, claims staff and underwriters.

What will we cover?

• Recent case law in the U.K. Supreme Court and the Scottish Sheriff Court which has expanded the scope of vicarious liability.
• The likely impact of the Limitation (Childhood Abuse) (Scotland) Act 2017 and Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018.
• What all of this means for organisations and their potential liabilities.

The seminar will be delivered by Kate Donachie, Managing Associate at Brodies LLP. Kate has 13 years of experience dealing with all manner of defendant personal injury disputes and has acted for many insurers, self-insured businesses, public bodies and local authorities. Her caseload is comprised of complex and high value liability and motor claims where she uses her significant experience to provide the highest quality strategic and case by case advice, consistently achieving excellent results and securing substantial indemnity savings for clients.