barclays bank plc v various claimants summary

Barclays Bank plc v Fairclough Building Ltd (No.1) [1995] Q.B. The first claimant, Mr Bailey, borrowed some £1.26 million from Barclays in 2007, with a variable rate of interest, for the purchase of business premises occupied by the second claimant, a company wholly owned by Mr Bailey (the Company). The most recent Supreme Court decision in Barclays Bank Plc v Various Claimants [2020] UKSC 13 re-visited the role of a self-employed contractor. On 1 April 2020, the Supreme Court published two important judgements relating to vicarious liability: WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 ("Morrison Supermarkets"); and Barclays Bank plc v Various Claimants [2020] UKSC 12 ("Barclays Bank"). On 1 April 2020, the Supreme Court handed down two judgments about vicarious liability likely to be of comfort to employers: Barclays Bank plc (Appellant) v Various Claimants (Respondents) [2020] UKSC 13 and WM Morrison Supermarkets plc (Appellant) v Various Claimants (Respondent) [2020] UKSC 12. In each case, the lower courts had held the respective Defendants vicariously liable. CASE SUMMARY. THE COURT ORDERED that no one shall publish or reveal the names or addresses of the Respondents who are involved in these proceedings or publish or reveal any information which would be likely to lead to the identification of them or of any members of their families in connection . Barclays Bank and WM Morrison cases. The facts of the case Barclays Bank hired a doctor, Gordon Bates, to carry out medical examinations of members of its staff and applicants for employment at the Bank. So stated Lord Phillips of Worth Matravers in Various Claimants v Catholic Child Welfare Society [2012] UKSC 56; [2013] 2 AC 1, generally known as Christian Brothers, at para 19. do not like by inviting another judge to take a different view of . Dr Bates was engaged by the bank to perform medical assessments on its employees and prospective employees. The UK Supreme Court (the "UKSC") has recently delivered two judgments on vicarious liability, being WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 (the "WM Morrison decision") and Barclays Bank plc v Various Claimants [2020] UKSC 13 (the "Barclays Bank decision").This short update will highlight some of the key points raised in these two decisions, starting with . European Journal of Business and Management Research, 6(5), pp.224-227. Wm Morrison Supermarkets plc v Various Claimants [2020] UKSC 12. 3. This case document summarizes the facts and decision in Barclays Bank Plc v Various Claimants [2020] UKSC 13. Various Claimants v Barclays Bank Plc [2017] EWHC 1929 Damages claim against Barclays Bank where the Claimants had been abused by a medical practitioner who was conducting a medical as part of the application process. The Supreme Court has ruled that Barclays were not liable for sexual assault committed by a GP on employees after the bank contracted him to conduct medical checks. Dr Gordon Bates who died in 2009, was a doctor who performed medical examinations for Barclays between 1968 and 1984. Barclays Bank plc v Various Claimants [2020] UKSC 13. LORD JUSTICE DAVIS . Medical Law Review, 28(4), pp.794-803. Halting the Vicarious Liability Juggernaut: Barclays Bank PLC v Various Claimants. An employee of the Appellant, whose role gave him legitimate access to payroll data for the . The Supreme Court judgment is available here.. Caroline Wood discusses Barclays Bank Plc v Various Claimants [2020] UKSC 13 2nd April 2020 Caroline Wood. The mis-selling claim, which was brought against a financial institution by a sole shareholder of a company, has failed at the summary judgment stage. Barclays Bank v Various Claimants [2020] UKSC 13 06 April 2020 Author: John McCloskey Practice Area: Defence Insurance Litigation. Barclays Bank plc v Various Claimants [2020] UKSC 13 ("Barclays"). Barclays Bank plc v Various Claimants (2020) UKSC 13 Awards and Nominations Vicarious Liability - Barclays Bank PLC v Various Claimants. Appeal against the High Court decision, upheld by the Court of Appeal, that the Appellant was vicariously liable to the Respondents for the actions on one of its employees. Marketing Information Systems and Competitive Advantage at Consolidated Bank of Kenya Limited. The basis of the claims was that: 11-2289 (1st Cir. Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. Barclays Bank plc v Various Claimants [2020] UKSC 13 concerned a self-employed doctor whose work included conducting medical examinations of prospective Barclays Bank employees. WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 - A sensitive claims perspective. WM Morrisons Supermarkets plc v Various Claimants. Thuita, J. and Njeru, W., 2021. The majority of the Claimants were applicants for employment with the Bank and the remainder were existing employees. Facts: A qualified doctor conducted medical examinations for Barclays Bank in respect of prospective and current employees, in respect of which he received a fee per examination. Published 6 April 2020. 08 April 2020 Supreme Court limits the test for vicarious liability. The Supreme Court has overturned the Court of Appeal decision in Various Claimants v WM Morrison Supermarkets Plc [2018] EWHC Civ 2339 finding the appellant ("Morrisons") not vicariously liable for the illegal acts of a rogue employee. Barclays Bank plc v Various Claimants [2020] UKSC 13 Vicarious liability: Bank not liable for the acts of doctor instructed to carry out pre-employment examinations The full content of this page is available to subscribers only. The claimant argued that that the documents showed that it was at least possible that Barclays (the only available, solvent defendant) had notice of the . The two most recent of those appeals, Barclays Bank v Various Claimants and WM Morrison Supermarkets plc v Various Claimants, are the subject of this commentary. Facts. The Supreme Court has today handed down its decision following consideration of the appeal in Barclays Bank Plc v Various Claimants. Appeal allowed. Barclays Bank PLC v. Poynter, No. Full judgment, dated 1 April 2020 Summary: On 1 April 2020 the Supreme Court handed down two Judgments in Barclays Bank Plc v Various Claimants [2020] UKSC 13 and WM Morrisons Supermarkets Plc v Various Claimants [2020] UKSC 12 in which the Court appears to be moving against vicarious liability. The bank paid him a fee for each medical report but did not keep him on retainer. Doctor was self-employed and paid per report, he died in 2009 and claimants came and sought damages from Barclays. does not claim that the judge got the (presumed) facts wrong. On 1 April 2020 the Supreme Court handed down judgment on 2 important cases which clarify and restrict the extent of an organisation's vicarious liability for the actions of others. The Barclays Bank case concerned historical sexual . In two judgments handed down in parallel on 1 April 2020, WM Morrisons Supermarkets plc v Various Claimants1 and Barclays Bank plc v Various Claimants2, the Supreme Court provided important clarification on the extent to which companies can be found to be vicariously liable under English law. Page 1 Barclays Bank plc v Various Claimants [2020] UKSC 13, [2020] 2 WLR 960, [2020] IRLR 481, [2020] All ER (D) 04 (Apr) Court: SC Judgment Date: 01/04/2020 Catchwords & Digest VICARIOUS LIABILITY - NON-EMPLOYMENT RELATIONSHIP - INDEPENDENT CONTRACTOR Background In reversing the Court of Appeal's decision, the Supreme Court has reinforced the ability of companies to use the "independent contractor defence" when faced with claims in respect of third party contractors. Owing to the company's swift action, there was no evidence of financial loss to the claimants, however, some 9,263 of its current and former employees brought claims against the company for distress, anxiety and upset. This article sets out the decision in Barclays Bank and considers the independent contractor Defence. The facts of this case are unusual in some respects. The Claimants alleged that they had suffered sexual abuse by . He later uploaded the data onto a file-sharing website . Lady Hale stated in Barclays Bank [1]: Supreme Court holds that Barclays were not vicariously liable for acts of an independent contractor doctor. Numerous claimants sought damages for sexual abuse allegedly perpetrated by a doctor, Dr Bates, while he was engaged by Barclays Bank plc ("Barclays"). Today, the UK Supreme Court has decided, in a unanimous judgement, that Barclays Bank PLC is not liable for the wrongful and criminal actions of an independent contractor (a medical doctor) that it engaged over a number of decades - see Barclays Bank PLC v Various Claimants [2020] UKSC 13.This judgement overturns the Court of Appeal's judgement of 2018 . Following a number of recent cases relating to the mis-selling of interest rate hedging products, Suresh Sivagnanam v Barclays Bank plc [2015] EWHC 3985 (Comm) is another judgment which is likely to be received favourably by financial institutions. Keywords: Vicarious liability, independent contractor, business. IFTSAL v Barclays Bank Plc [2020] EWHC 3125 (Comm): The claimant, a victim of APP fraud, applied for permission to rely on documents obtained from the bank under a Norwich Pharmacal order. The recent decision in Barclays Bank plc v Price extends the established test that a demand made under a guarantee for an excessive amount may nevertheless be effective as a demand for what is due . Barclays Bank plc v Various Claimants (2020) UKSC 13 (Podcast Episode 2020) on IMDb: Plot summary, synopsis, and more. The Issuer was incorporated on 7 August 1925 under the Colonial Bank Act 1925 and, on 4 October 1971, was registered as a company limited by shares under the Companies Act 1948 to 1967. Barclays Bank plc (Appellant) v Various Claimants (Respondents) [2020] UKSC 13. Barclays Bank PLC v Various Claimants [2018] The central question in this appeal related to the scope of vicarious liability. The High Court's decision in Elite Property Holdings Limited & Anor v Barclays Bank plc [2021] EWHC 772 (Comm) is the latest instalment in a series of claims brought by the same claimant property investment companies against the defendant bank (and others) in relation to alleged mis-sold interest rate hedging products (IRHPs), which were included in the then-FSA (now FCA) past business . These Final Terms are supplemental to and should be read in conjunction with the GSSP Base Prospectus 9 dated 12 August 2015, as supplemented on 24 September 2015 and 25 November 2015 (the "Base Barclays Bank plc v Various Claimants - Supreme Court (28 November 2019, published 01 April 2020) Barclays was held not to be vicariously liable for the acts of a doctor engaged to examine its staff. The claimant, Barclays Bank PLC ("Barclays") has applied for immediate judgment on its claim against Bavaguthu Raghuram Shetty ("Dr Shetty"). Introduction. The main issue in dispute was whether, as a matter of principle, Barclays could be vicariously liable for the acts of a self-employed contractor. When Defendant stopped making payments on the loan, Barclays repossessed the yacht and sold it pursuant to the Florida UCC. His work included conducting medical examinations of prospective Barclays employees. Photo by Hush Naidoo on Unsplash. In another vicarious liability case, the Supreme Court had to determine whether Barclays Bank was vicariously liable for historic sexual assaults allegedly committed by a medical practitioner who had been engaged to conduct medical assessments on prospective employees as part of its recruitment processes. B employed F to clean a roof which was made of corrugated sheets. Barclays Bank plc v Various Claimants [2020] UKSC 13. Case summary last updated at 04/01/2020 18:30 by the Oxbridge Notes in-house law team. The Court was asked to determine whether Barclays Bank was liable for the alleged sexual assaults committed by a GP medical examiner during medical examinations of prospective employees and employees. The Catholic Child Welfare Society & Ors v Various Claimants [2012] UKSC 56. In finding that the bank was not vicariously liable for the acts of the doctor the Court stated: WM Morrisons Supermarkets plc v Various Claimants [2020] UKSC 12 ("Morrisons"); and 2.2. The Applicants, named as various employees and ex-employees of Barclays Bank Plc, were staff who, while working at the D, had been in some way implicated in the fixing of the LIBOR rate. In the third part of our Covid-19 Webinar Series, Steve Love QC and Elaine Russell provide a summary of the state of the law on Vicarious Liability following the Supreme Court's decisions in Barclays Bank plc v Various Claimants and WM Morrison Supermarkets plc v Various Claimants before looking at the possible impact of those decisions in the post Covid-19 working environment. The Supreme Court ruling of WM Morrison Supermarkets Plc v Various Claimants [2020] UKSC 12 this month concerned whether Morrisons were responsible for the actions of an internal audit employee whose malicious conduct resulted in his misuse of data of about 100,000 employees. This judgement overturns the Court of Appeal's judgement of 2018 (see Barclays Bank PLC v Various Claimants [2018] EWCA Civ 1670 ). Majrowski v Guy's and St. Thomas's NHS Trust [2006] 3 WLR 125. Barclays Bank plc v Various Claimants Doctor was hired by Barclays Bank to carry out medical examinations on prospective employees, employees had to pass these exams to be offered a job. Bank not liable for doctor's sexual assaults when carrying out pre-employment medical examinations. The High Court has ruled that Barclays Bank is vicariously liable for the actions of a doctor it engaged to undertake pre-employment examinations on their behalf. The document also included supporting commentary from author Craig Purshouse. In Barclays Bank v Various Claimants [2020] UKSC 13 the test was whether the tortfeasor was in fact the "employee" of the employer. BARCLAYS BANK PLC v VARIOUS CLAIMANTS [2020] Med LR 155 SUPREME COURT Before Lady Hale,Lord Reed,Lord Kerr,Lord Hodge,Lord Lloyd-Jones. Barclays Bank plc (Appellant) v Various Claimants (Respondents) Watch later Watch on In this appeal, the Supreme Court is asked to decide whether Barclays Bank is vicariously liable for sexual assaults allegedly committed between 1968 and about 1984 by the late Dr Gordon Bates. The judgment allowing the appeal was given by Lady Hale, with the other members of the Court agreeing. Defendant: Barclays Bank, via vicarious liability for a doctor employed who has since died. The High Court's decision in Elite Property Holdings Limited & Anor v Barclays Bank plc [2021] EWHC 772 (Comm) is the latest instalment in a series of claims brought by the same claimant property investment companies against the defendant bank (and others) in relation to alleged mis-sold interest rate hedging products (IRHPs), which were included in the then-FSA (now FCA) past business . Appellant ) v Various Claimants ( Respondents ) [ 2020 ] UKSC 56 judgment for Barclays between 1968 and.. 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