| SPOTLIGHT |
The Supreme Court has refused a claimant permission to appeal over the Court of Appeal’s dismissal of her claim that a school was vicariously liable for sexual abuse by an individual who had undertaken a work experience placement.
A panel comprising Lord Hodge, Lord Hamblen and Lady Simler, having considered the claimant's application and the notice of objection filed by the respondent, concluded that the application did not raise an arguable point of law.
In MXX v A Secondary School [2023] EWCA Civ 996, Lady Justice Nicola Davies, with whom Lord Justice Peter Jackson and Lord Justice Lewison agreed, found for the claimant in respect of three grounds of appeal over an earlier ruling by a Deputy High Court judge, but found for the defendant school in respect of a fourth. She said: “I find that the defendant is not vicariously liable for the torts of PXM as they do not satisfy stage two of the test for the imposition of vicarious liability.”
On the Supreme Court’s refusal of permission, law firm DWF said: “This is an important development for the doctrine of vicarious liability. The Court of Appeal had held that the fact a one-week work experience placement at a school gave the tortfeasor the opportunity to groom the claimant was not sufficient for vicarious liability to attach.
“Whilst he was shadowing a teacher the tortfeasor 's work experience placement did not include the provision of pastoral care and so the subsequent abuse was not sufficiently closely connected to authorised activities within his role on the placement.”
Paul Donnelly and Sam Dawber of DWF acted for the successful defendant/respondent.
