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Supreme Court refuses permission to appeal in vicarious liability claim - MXX (Appellant) v A Secondary School (Respondent)

09 January 2024
Yesterday  Lord Hodge, Lord Hamblen and Lady Simler refused the Claimant's application for permission to appeal the Court of Appeal decision in MXX v A Secondary School on the basis that having considered the Claimant's application and the notice of objection filed by the Respondent the application did not raise an arguable point of law.

This is an important development for the doctrine of vicarious liability. The Court of Appeal had held that the fact a one week work experience placement at a school gave the tortfeasor the opportunity to groom the claimant was not sufficient for vicarious liability to attach. Whilst he was shadowing a teacher the tortfeasor 's work experience placement did not include the provision of pastoral care and so the subsequent abuse was not sufficiently closely connected to authorised activities within his role on the placement.

Paul Donnelly & Sam Dawber acted for the successful Defendant/Respondent. Their earlier article on the Court of Appeal decision can be found here - https://dwfgroup.com/en/news-and-insights/insights/2023/8/mxx-v-a-secondary-school


For more information, please contact Paul Donnelly and Sam Dawber.

Further Reading