WM Morrison Supermarkets plc v Various Claimants

WM Morrison Supermarkets plc v Various Claimants

Skelton’s wrongful disclosure was not so closely connected with acts he was authorised to do that it could fairly and properly be regarded as done in the ordinary course of his employment; he was pursuing a personal vendetta, not furthering his employer’s business.

Parties
Appellant: WM Morrison Supermarkets plc; Respondents: Various Claimants
Jurisdiction
England and Wales
Judgment Date
01 April 2020
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Vicarious Liability, Misuse of Private Information, Breach of Confidence, Statutory Interpretation
Tort Law Data Protection Vicarious Liability Misuse of Private Information Breach of Confidence Statutory Interpretation

Case Brief

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Parties

WM Morrison Supermarkets plc

Appellant

Various Claimants

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether Morrisons is vicariously liable for Skelton’s conduct
  2. 2 Whether the Data Protection Act 1998 excludes vicarious liability for statutory torts committed by an employee data controller
  3. 3 Whether the DPA excludes vicarious liability for misuse of private information and breach of confidence

Ratio Decidendi

Skelton’s wrongful disclosure was not so closely connected with acts he was authorised to do that it could fairly and properly be regarded as done in the ordinary course of his employment; he was pursuing a personal vendetta, not furthering his employer’s business.

Court Disposition

appeal allowed

Orders

  • Morrisons is not vicariously liable for Skelton’s conduct
  • Claims against Morrisons dismissed