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Historical Sexual Abuse Claims: Is Vicarious Liability “On The Move” Again?

James Counsell QC and Joshua Cainer have been published in the latest issue of the Journal of Personal Injury Law. James and Joshua consider the ever moving sphere of vicarious liability and the impact of the recent Supreme Court decision on historical sexual abuse cases.

This article discusses the latest Supreme Court decisions on vicarious liability, Barclays Bank Plc v Various Claimants and WM Morrisons Supermarkets Plc v Various Claimants, and their likely effect on the substantive outcomes in personal injury claims arising out of historical and more recent sexual abuse. It considers this by reference to some recent High Court cases on historical sexual abuse which pre-date the Supreme Court’s decisions, as well as one High Court case which post-dates them.

The Article

The article can be read here.

About the Authors

James Counsell QC specialises in acting for victims of historical sexual abuse and is a leading authority on this subject. James is currently instructed in cases against football clubs and other sporting bodies, religious and educational organisations and the Scout Association.

Joshua Cainer joined Chambers in 2020 following the successful completion of his pupillage and is happy to accept instructions across all of Chambers’ areas of practice. Joshua assisted James Counsell QC (as a pupil) in EXE v The Governors of The Royal Naval School, an historical child sexual abuse claim against a school involving issues of vicarious liability and primary duties of care in negligence.

If you would like to discuss any of the issues covered in this article please contact James or Joshua directly or via their practice management team; Graham Woods or Chris Rowe on +44 (0)20 7353 6381.

External Publications 4 Mar, 2021


James Counsell KC

Call: 1984 Silk: 2017

Joshua Cainer

Call: 2019

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