Abstract
ABSTRACT The United Kingdom Supreme Court in Various Claimants v Wm Morrison Supermarkets plc [2020] UKSC 12 held that a tortfeasorâs motive was âhighly materialâ in considering the second stage âclose connectionâ test for vicarious liability. However, the authors submit that this reintroduction of motive is highly problematic. It runs contrary to previous jurisprudence and backslides into the rigid artificiality which the âclose connectionâ test was supposed to solve. A revised approach to the âclose connectionâ test is suggested, involving an objective consideration of the connection between the tortfeasorâs employment and the circumstances surrounding the tort. This approach remedies the above-mentioned problems and existing academic criticism of the âclose connection testâ, and further accurately reflects how the courts actually determine the second stage test for vicarious liability.
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