Case details

Barclays Bank plc (Appellant) v Various Claimants (Respondents)

Case ID: UKSC 2018/0164

Case summary

Issue(s)

Is a defendant employer liable for sexual assaults committed by a medical practitioner in the course of medical examinations carried out at the employer’s request either before or during the claimant’s employment?

Facts

It is alleged that Dr Gordon Bates sexually assaulted various claimants who attended his surgery for a pre-employment medical check-up before their employment by Barclays. On 15 December, Nicola Davies J ordered a trial on the preliminary issue of whether Barclays is vicariously liable for any assaults that a claimant may prove to have been perpetrated by Dr Gordon Bates in the course of medical examinations carried out at the request of Barclays either before or during the claimant’s employment with Barclays.

The judge decided that Barclays would be liable for any proven assaults.

Barclays appealed to the Court of Appeal, which dismissed its appeal unanimously.

Barclays now appeals to the Supreme Court.

Judgment appealed

[2018] EWCA Civ 1670

Parties

Appellant(s)

Barclays Bank plc

Respondent(s)

Various claimants

Appeal

Justices

Lady Hale, Lord Reed, Lord Kerr, Lord Hodge, Lord Lloyd-Jones

Hearing start date

28 Nov 2019

Hearing finish date

28 Nov 2019