Barclays Bank Plc v Various Claimants

Barclays Bank Plc v Various Claimants

Barclays Bank Plc is vicariously liable for the assaults committed by Dr Bates because the relationship was akin to employment, the Bank exercised sufficient control, the examinations were integral to its business, the Bank created the risk, and the torts were closely connected to the relationship.

Parties
Appellant: Barclays Bank Plc; Respondents: Various Claimants
Jurisdiction
England and Wales
Judgment Date
17 July 2018
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court Preliminary Issue
Outcome
appeal dismissed; vicarious liability upheld
Legal Topics
Vicarious Liability, Independent Contractor, Sexual Assault, Group Litigation
Tort Law Employment Law Vicarious Liability Independent Contractor Sexual Assault Group Litigation

Case Brief

Summary, issues, holding and outcome

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Parties

Barclays Bank Plc

Appellant

Various Claimants

Respondents

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court Preliminary Issue

Legal Issues

  1. 1 Whether Barclays Bank Plc is vicariously liable for sexual assaults perpetrated by Dr Gordon Bates during medical examinations requested by the Bank

Ratio Decidendi

Barclays Bank Plc is vicariously liable for the assaults committed by Dr Bates because the relationship was akin to employment, the Bank exercised sufficient control, the examinations were integral to its business, the Bank created the risk, and the torts were closely connected to the relationship.

Court Disposition

appeal dismissed; vicarious liability upheld

Orders

  • Barclays Bank Plc is vicariously liable for any assaults proved to have been perpetrated by Dr Gordon Bates during medical examinations requested by the Bank