海角破解版

A clarification of the 鈥渞elationship akin to employment鈥� and the 鈥渟ufficiently close connection鈥� tests in grooming cases

7th September 2023

海角破解版 Head of Personal Injury and Clinical Negligence Michelle Marnham (pictured here) and future 海角破解版 Pupil Jeremy Warner analyse MXX v A Secondary School [2023] EWCA Civ 996.

The case concerned the grooming/abuse of a minor by a work experience student. It provided the Court of Appeal with an opportunity to clarify the 鈥渞elationship akin to employment鈥� and the 鈥渟ufficiently close connection鈥� tests set out in The Catholic Child Welfare Society and others (Appellants) v Various Claimants (FC) and The Institute of the Brothers of the Christian Schools and others (Respondents) [2012] UKSC 56, when deciding if the secondary school defendant was vicariously liable for the tortious acts of its work experience student.

The Court of Appeal went on to clarify that work experience can be a relationship akin to employment for the purpose of vicarious liability. The Court confirmed the difficulty to satisfy the 鈥渃lose connection鈥� test, which requires for the tort and the employment of the tortfeasor to be 鈥渋nextricably woven鈥�.

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If you wish to contact Michelle, please email her at [email protected]. To instruct her or to check her availability, please email her clerk, Practice Director Dave Snook or by calling 01865 793736 or 020 7583 8055.