12 January 2022
Chell v Tarmac - Vicarious Liability - Patrick Limb QC and Andrew Lyons Successfully Defend Appeal
Today the Court of Appeal have handed down judgment in the second appeal of Andrew Chell v Tarmac Cement and Lime Limited.
In short, the issues on appeal were:
- Whether the defendant should be vicariously liable for a poorly judged practical joke of their employee;
- Whether the defendant should have been found in direct breach of their duty due to allegations of failing to have a suitable risk assessment, failing to give a specific instruction not to engage in horseplay and for failing to investigate alleged threats.
In an unanimous decision, with the leading judgment by Lady Justice Nicola Davies, the claimant’s appeal was dismissed.
The decision can be found here.
Patrick and Andrew will be providing a further bulletin with further commentary on this decision soon.
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