Vicarious liability: applying the brakes?

During the last 20 years, claims arising from non-recent sexual abuse have generated numerous judicial decisions. These claims often explore the concepts of limitation and vicarious liability and – on occasion – have almost redefined these concepts. The latest case is Blackpool FC Ltd v DSN [2021] EWCA Civ 1352, in which Lord Justice Stuart-Smith reviewed the authorities afresh.

DSN was 13 years old in 1987 when – along with a group of young teenage boys – he went on a footballing tour of New Zealand under the supervision of Frank Roper.  He was sexually abused by Frank Roper, a ‘terrifying experience with lasting consequences’ according to the judge at first instance.  Roper was not employed by Blackpool FC but he was closely associated with it: running an unofficial feeder club and directing promising teenagers towards Blackpool FC.  This was important to Blackpool FC whose dire financial situation was dependent on attracting and later selling valuable young players.

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