Date: Fri, 8 Feb 2008 22:16

From: David Cheifetz

Subject: Vicarious Liability of the Crown for Police

That's joint and several liability with any other concurrent tortfeasor, not the officer, no?

David Cheifetz

----- Original Message ----
From: Robert Stevens  
To: Jason Neyers
Sent: Friday, February 8, 2008 1:14:08 PM
Subject: Re: ODG: Vicarious Liability of the Crown for Police

It is not that easy as section 11 states that the minister shall be "jointly and severally liable for torts committed by [constables]". As there is no liability on the constable, even if we still could say he has committed a tort, how can there be joint and several liability?

However the decision is clearly right regardless of quibbles over the wording of the legislation.

This seems to me to be a re-run of the old case of Broom v Morgan [1953] 1 QB 597 with the same result. We attribute the tortious action, not the liability.

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