The Court of Appeal in the case of JGE v Trustees of the Portsmouth Roman Catholic Diocesan Trust has confirmed that in most circumstances Club Officials cannot be made vicariously liable for the actions of their amateur players. The principle of vicarious liability is most commonly associated with the employer-employee relationship whereby an employer can be made liable for the civil wrongs committed by an employee. The background to this decision is a 2008 ruling of Gravil v Carroll and Redruth RFC which stated that Club Officials could not be liable for the actions of a player unless that player is under contract to a Club. That decision has been confirmed following the Appeal hearing in the JGE case. At first instance the Court had suggested that Club Officials could be held liable for the actions of their amateur players.
So for example if i had been given out LBW to the first ball of the 2013 season, hit the umpire with my bat and then smashed up the Away team dressing room, my Club Officials would not, based on the above case, be personally liable for my actions. Not that I would ever conduct myself in such a manner, however bad the decision!!h
Friday, 25 January 2013
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment