A Revolution in Vicarious Liability: Lister, the Catholic Child Welfare Society Case and Beyond

Abstract

This paper examines developments in vicarious liability in England and Wales and the extent to which revelations of child sexual abuse have triggered fundamental changes to private law. Starting with Lister v. Hesley Hall [2001] UKHL 22, it considers how the law has changed, but also critically appraises the development of a 'modern theory of vicarious liability' affirmed by the UK Supreme Court in two major decisions in 2016. With the best of intentions, by extending vicarious liability, has the Lister revolution reduced the rationale of vicarious liability to a mere risk redistribution exercise?