header-logo header-logo

Not black & white

10 August 2012 / Richard Scorer
Issue: 7526 / Categories: Features , Personal injury
printer mail-detail
rexfeatures_482854a_4

Grey areas still exist at the boundaries of vicarious liability, notes Richard Scorer

In JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust [2012] EWCA Civ 938, the Court of Appeal upheld a first instance decision making the Catholic Church (or rather its constituent dioceses and orders) vicariously liable for its priests who commit child abuse.

The decision is significant for the Church as it has had a serious problem of child abuse by priests in the last few decades and the compensation claims arising from these cases are coming before the courts. The question for the court was whether the Church is liable to the victim on a no-fault basis irrespective of whether it knew or ought to have known that the priest in question posed a risk to children. The case has been erroneously described in the media as being about whether priests are employees, but in reality it was about the scope of vicarious liability in circumstances where the perpetrator of abuse is “akin to an employee”.

Background

Following

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll