A partnership’s liability for the actions of a partner are not necessarily the same as that of an employer’s vicarious liability for his employees.
The case concerned a punch-up between two solicitors in the precincts of the court. The issue was whether a claim could be brought against the solicitor’s partnership rather than just against the individual solicitor. Section 10 of the Partnership Act 1890 does make the partnership liable for the actions of a partner in the course of business.
However the facts of this case were extraordinary. It could not possibly be argued that a solicitor was acting in the course of his business when he fights a rival solicitor.
This assault was preceded by another one, a scuffle over documents in court while a case was being heard. Although this might come within the scope of section 10, the court decided that any liability of the partnership was so small that it was not reasonable to let the matter go to court.
Flynn v Robin Thompson & Partners. CA. The Times 14 March 2000.
[2000.3/6]