
EP 106: Vicarious Liability - Robert Kellar QC & Isabel McArdle
Law Pod UK
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The Supreme Court Decision in the Case Against Berkeley's Robert Well.
The case was about sexual assaults performed by self employed general practitioner doctor bates. The question at the heart of the case was whether ba s could be liable for that conduct, or whether berkeley was entitled to avail itself of what might be called the independent contractor defence. Key to both those decisions were lord philip's five factors. And key, crucially, said the supreme court, was to lay in having an understanding of the details of the relationship. So we're talking here about people like pimlico plumbers or uber-rivers who might not be employees in the classic sense but are still part and parcel of somebody else's business. But there would still be one doubt where
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