ST v North Yorkshire County Council [1998] EWCA Civ 1208 (14 July 1998)

ST v North Yorkshire County Council [1998] EWCA Civ 1208 (14 July 1998)

The Council cannot be held vicariously liable for the sexual assaults committed by its employee, as such acts are independent and for personal gratification, not an improper mode of performing authorised duties. The employment merely provided the opportunity, which is insufficient to establish vicarious liability at common law.

Citation
[1998] EWCA Civ 1208
Parties
Plaintiff/respondent: ST (By His Mother & Next Friend IT); Defendants/appellants: North Yorkshire County Council
Jurisdiction
England and Wales
Judgment Date
14 July 1998
Procedural Posture
Civil Appeal / Appeal From Preliminary Issue Decision of Darlington County Court
Outcome
Appeal allowed; action dismissed
Legal Topics
Vicarious Liability, Sexual Assault, Scope of Employment, Employer's Liability
Tort Law Employment Law Vicarious Liability Sexual Assault Scope of Employment Employer's Liability

Case Brief

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Parties

ST (By His Mother & Next Friend IT)

Plaintiff/respondent

North Yorkshire County Council

Defendants/appellants

Procedural Posture

Civil Appeal / Appeal From Preliminary Issue Decision of Darlington County Court

Legal Issues

  1. 1 Whether the Council can be held vicariously liable for sexual assaults committed by its employee, the deputy headmaster, on a pupil during a school trip.

Ratio Decidendi

The Council cannot be held vicariously liable for the sexual assaults committed by its employee, as such acts are independent and for personal gratification, not an improper mode of performing authorised duties. The employment merely provided the opportunity, which is insufficient to establish vicarious liability at common law.

Court Disposition

Appeal allowed; action dismissed

Orders

  • Order below set aside
  • No order as to costs in the court below