The Independent Contractor Test Is Dead & Vicarious Liability Is On The Move - What Is The Final Destination?

The Independent Contractor Test Is Dead & Vicarious Liability Is On The Move
What Is The Final Destination?

About the seminar
The Court of Appeal decision in Barclays Bank Plc v Various Claimants on 28 June 2018 has caused concern across the insurance industry, with the court signalling the independent contractor test is now dead. There has in fact been a recent spate of decisions in the Court of Appeal and Supreme Court that have caused serious concern in the insurance industry. However, the decision of the Supreme Court on 25 July 2018 in James-Bowen & Others v Commissioner of Police of the Metropolis may be the much-needed calm after the storm.

This interactive session will critically analyse how we got to this position and where the law is heading. We will look at whether the courts are using the common law to update the law in line with the “gig economy” we now work within, or indeed whether a policy of distributive justice is now influencing the decisions of the courts.

This thought-provoking talk will look at both sides of the argument and assess how best the insurance industry can adapt to these recent developments.

Learning Outcomes

By the end of the session, participants will be able to:

• understand how the law relating to vicarious liability has developed.
• critically analyse recent decisions of the Court of Appeal and Supreme Court.
• assess how the insurance industry can adapt its practices to ensure the best outcome possible in light of recent decisions.

Jeff Heasman is a professional trainer who holds a bachelors degree in law from the University of Glamorgan and a masters of law degree from Swansea University, as well as a postgraduate certificate in teaching English language to adults. He spent many years in practice as a litigation executive, dealing with cases up to and including the Court of Appeal in London (England v IBC Vehicles Ltd) and as a senior liability adjuster at Crawford and Company he dealt with insurance claims arising from
many worldwide jurisdictions, with a particular focus on public and employers’ liability claims.

A former Dean of the Faculty of Law and lecturer in law at Cavendish University in Zambia, as well as a tutor in Legal English at Swansea University, Jeff now provides training in insurance law, practice and
language to prestigious insurance organisations and companies throughout the world.

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