- Approved — MXX v A Secondary School 2023-08-25
“… the course of the tortfeasor’s employment or quasi-employment. This is the test, subject to two minor adjustments, set out by Lord Nicholls in Dubai Aluminium [2003] 2 AC 366, drawing on Lister [2002] 1 AC 215, and firmly approved in Morrison. The first adjustment is that, to be comprehensive, it is necessary to expand the test to i…”
- Cited — Andrew Chell v Tarmac Cement and Lime Limited 2022-01-12
“…“All these examples illustrate the distinction drawn by Lord Nicholls at para 32 of Dubai Aluminium[2003] 2 AC 366 between ‘cases … where the employee was engaged, however misguidedly, in furthering his employer’s business, and cases where the employee is engaged solely in …”
- Cited — Barry Congregation of Jehovah's Witnesses v BXB 2021-03-15
“…liability test, in particular the “close connection” approach. At [22] and [23] he referred to the judgment of Lord Nicholls in Dubai Aluminium Co Ltd v Salaam [2003] 2 AC 366in which he identified the “general principle” applicable to vicarious liability arising out of a relationship of employment, namely that the wrongful conduct m…”
- Cited — Group Seven Ltd & Anor v Notable Services LLP & Anor (Rev 2) 2019-04-11
“…” test or of his analysis of the relevant legal principles by reference principally to Lister v Hesley Hall Ltd [2002] 1 AC 215, Dubai Aluminium CoLtd v Salaam [2003] 2 AC 366 and Mohamud v Wm Morrison Supermarkets plc [2016] AC 677, including in particular Lord Toulson’s most recent explanation of the test at [44-45]. Having already…”
- Cited — Group Seven Ltd & Anor v Notable Services LLP & Anor (Rev 2) 2019-04-11
“…[2003] 2 AC 366…”
- Followed — Group Seven Ltd & Anor v Notable Services LLP & Anor (Rev 2) 2019-04-11
“…olls described the policy behind vicarious liability in relation to acts which are not authorised further in Dubai Aluminium Ltd v Salaam & Ors [2002] UKHL 48, [2003] 2 AC 366in the following way:…”
- Cited — Winter v Hockley Mint Ltd 2018-11-15
“…The Judge then referred to Dubai AluminiumCo Ltd v Salaam [2002] UKHL 48, [2003] 2 AC 366 and said (at [49]) that it confirmed that the relevant test for a principal’s vicarious liability for the intentional torts of the agent is whether there is a …”
- Cited — WM Morrison Supermarkets Plc v Various Claimants 2018-10-22
“… by an appellate court of evaluative findings of this kind. In so far as the Judge’s conclusions involved a value judgment (see Dubai Aluminium Co Ltd v Salaam [2003] 2 AC 366 per Lord Nicholls at [24]), it is one with which we agree.…”
- Cited — Bellman v Northampton Recruitment Ltd 2018-10-11
“…IRLR 307 per Aikens LJ at [68]; Maga v Archbishop of Birmingham & Anr [2010] 1 WLR 1441 per Lord Neuberger MR at [43]; and Dubai AluminiumCo Ltd v Salaam & Ors [2003] 2 AC 366 per Lord Nicholls at [24]. In my view, it is not clear that either Lord Millett in his dissenting judgment in Dubai Aluminium at [112] or Scarman LJ in Rose v …”
- Applied — Frederick & Ors v Positive Solutions (Financial Services) Ltd 2018-03-13
“… the fourth and fifth grounds of appeal which contended that the Master had failed to apply what Lord Nicholls said in Dubai Aluminium v Salaam [2002] UKHL 48; [2003] 2 AC 366 at [31]-[32] about the question of an employee or agent acting on a “frolic of his own”. At [41] the Judge said that although this predated the Christian Broth…”
- Cited — Frederick & Ors v Positive Solutions (Financial Services) Ltd 2018-03-13
“…ed not have regard to authorities of superior courts which pre-dated the Christian Brothers case, in particular, to Dubai Aluminium Co Limited v Salaam and Ors [2003] 2 AC 366;…”