Vicarious Liability

Burger v Wetherspoons [2026] EWCA Civ 804

Issues of vicarious liability are fact specific, so it can be very difficult to predict whether vicarious liability can be established in any individual case. However, as the case outlined below indicates, there are some clear long-standing principles which apply, such as the use of a two-stage test. In what appeared to be an expansion of the law, the Supreme Court in Catholic Child Welfare Society v Various Claimants and the Institute of the Brothers of the Christian Schools [2012] UKSC 56 had relied on what was described there as the underlying policy objective of vicarious liability in tort claims, to ensure that liability is borne by a defendant with the financial means to compensate the victim. This case provided the Court of Appeal with an opportunity to revisit the law on vicarious liability and clarify its limits. It is clear now that an organisation will not, under normal circumstances, be liable for the torts of an independent contractor.