Mohamud v WM Morrison Supermarkets plc

Vicarious liability – Employer and employee. The claimant issued proceedings against the defendant following his assault by the defendant's employee. The recorder dismissed the claim, as the claimant had failed to satisfy the test of vicarious liability. The claimant appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that, on the basis of the facts found by the recorder, both as to the nature of the employee's employment and the particular circumstances of the assault, there had been no element which could bring the claimant's case within the close connection test so as to properly enable a finding of vicarious liability.

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