Various Claimants v Barclays Bank PLC in the Court of Appeal – confirmation of incursion of the defence of the Independent Contractor

The Court of Appeal has unanimously endorsed the approach taken at first instance in finding Barclays Bank (‘the Bank’) vicariously liable for the sexual assaults of a doctor retained to conduct pre-employment medical examinations of prospective employees.   The Bank’s defence that the doctor was an independent contractor was once again rejected.   Continue reading

Inquiry Updates – Scotland, England and Wales

Scotland

Phase 2 of the public hearings at the Scottish Child Abuse Inquiry drew to a close last week and the Chair, Lady Smith, took the opportunity to review what it had achieved to date and to outline the next steps of the inquiry’s work. Continue reading

Update on the Australian National Redress Scheme

On the 19 June the Australian Parliament passed legislation to establish the National Redress Scheme for survivors of institutional child sexual abuse, ensuring the scheme can begin on 1 July 2018. Continue reading

Ratification of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (‘the Lanzarote Convention’)

Last month we looked at the recommendation from IICSA’s interim report that the UK government ratify the Council of Europe’s Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (‘the Lanzarote Convention’).  This week the Home Office has confirmed ratification on 20 June and the convention will come into force on 1 October 2018. Continue reading

‘Up-skirting’ to be made a criminal offence

In September 2017 we reported on the issue of ‘up-skirting’ – the practice of taking a picture up the skirt or dress of a woman or girl in public, sometimes as part of a programme of harassment by the person taking the picture,  often occurring without the victim ever being aware. The photos are then often circulated to others invading the privacy of, distressing and humiliating whomever is in the picture.  At the time it was noted that this was an example of where the law had not caught up with the misuse of technology.  However, today the government has indicated that it will support a private members bill – the Voyeurism (Offences) Bill 2018 – to make the practice a criminal offence in England and Wales.  The Bill will have its second reading in the House of Commons on 15 June 2018 and it is understood to have cross party support.   Continue reading

Forced Marriage: Unwilling Victims

With the school summer holidays looming the NSPCC has warned that the potential for a further type of child abuse to be perpetrated arises, the forced marriage of children and young people.   Continue reading

Learning from Tragedy

The conviction in 2000 of Harold Shipman of the murder of 15 of his patients signalled a watershed in  the relationship the public had with medical and other healthcare professionals who are there to care for them. Continue reading