Vicarous Liability - interesting area.
However, does it cover if the employee has not carried out safety instructions, could this be deemed as an intentional bad act done by the employee and therefore the employer is not liable. After all the pilot did deliberately ignore the low fuel warning and the relevant procedure. Can the families still bring a civil case against the police?
As to the bin crash, the criminal act wasn't the crash so I can understand why they didn't prosecute. The criminal act was 'Fraud by misrepresentation' on his job application and driving licence and therefore the employer and the DVLA should have brought those claims and he should have been tried for those. Which I believe can carry upto 10yrs in prison.
Also, in the police helicopter incident surely there was a conflict of interest by the Scottish Police as they were investigating themselves.
Lots of grey areas in law which can be exploited by those that can afford to pay those that are clever enough.