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N v Chief Constable of Merseyside Police - vicarious liability of employer - QBD, 29.11.06

N, an 18 year old girl, was raped and indecently assaulted by a probationer police constable, Ian Tolmaer. The question for the Court was whether the Chief Constable (ie the Merseyside police force) was liable to N. The assault took place after N had been at a club, had had too much to drink and had had an ecstasy tablet. A first aider employed by the Club tried unsuccessfully to persuade her to go to the hospital. He kept an eye on her when she left at around 4am. A policeman in full uniform was in a (private) car parked nearby and asked the first aider if he was OK.

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