Elizabeth-Anne Gumbel QC and Robert Kellar were successful in establishing that Barclay’s bank were vicariously liable for any sexual assaults committed by a GP in the course of pre-employment health checks.
Elizabeth-Anne and Robert were instructed by Jessica Standley of Slater and Gordon.
Applying the Supreme Court’s decision in Cox v Ministry of Justice, the Court rejected the Bank’s submission that it was not liable because the GP was in independent contractor in private practice. The Court held that the relationship between the GP and bank was sufficiently “akin to employment” to justify the imposition of vicarious liability. Elizabeth-Anne and Robert represent 126 claimants in group litigation against the bank. The health checks took place between 1967 and 1984 when many of the Claimants were as young as 16.
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