10 Jan 2020
In 2019 the Courts were required to consider, on appeal from strike-out/summary judgment decisions, vicarious liability (and related issues) in connection with financial advisers and lenders. In the very recent decision in Barness & Ors v Ingenious Media Ltd & Ors, the Court was required to consider whether the claims against the two lender defendants alleging breach of contract, negligence and vicarious liability in connection with a film finance scheme should be struck out. The separate case of Frederick v Positive Solutions (Financial Services) Ltd, in which the Supreme Court heard an appeal in February 2019 against the Court of Appeal's 2018 decision upholding the summary judgment in favour of Positive Solutions, turned on the issue of whether Positive Solutions was vicariously liable for the fraudulent acts of an agent.