It is well known that next month the Supreme Court is to hear a number of appeals in relation to vicarious liability, particularly for assaults by employees. Whilst we await a definitive statement of law it is useful to look at examples where these issues are being applied using the current law. The issue of vicarious liability for an “initiation ceremony” which involved intimate touching was considered by His Honour Judge Butler (sitting as a High Court judge) in GB -v- Stoke City Football Club Ltd  EWHC 2862 (QB).
The claimant alleged that he had been assaulted whilst working as an apprentice footballer between 1986 – 88 when aged 16 – 17. On two occasions he had been subject to an assault (of a non-sexual nature) involving the use of a goalkeeper’s glove in an intimate area. The evidential issues that had arose are considered in detail here.
View original post 3,520 more words