header-logo header-logo

18 July 2012
Issue: 7523 / Categories: Legal News
printer mail-detail

Catholic church vicariously liable

Church legally responsible for child abuse by priests

The Portsmouth Diocese is legally responsible for child abuse committed by one of its priests, the Court of Appeal has held.

In JGE v the Trustees of the Portsmouth Roman Catholic Diocesan Trust [2012] EWCA Civ 938, the court held by a 2–1 majority that vicarious liability can arise where a relationship is “akin to employment”.

JGE claimed she was sexually abused by a Catholic priest, Father Baldwin, while she was a young child in a home run by the Diocese.

In November, the High Court held the church was responsible for the misconduct of its clergy. The church appealed on the ground it could not be held liable since there was no formal employment relationship.

Dismissing the appeal, Lord Justice Davis said “the relationship between the bishop and Father Baldwin…was sufficiently akin to that of employment”.

Tracey Emmott, partner at Emmott Snell, who represented JGE, says: “The wider implications of this judgment are significant, such that it is now settled that there no longer has to be a formal employment relationship for legal responsibility to attach to one party for the wrongdoings of another.

“It may be enough if there is a sufficient degree of control by one party over the other, that the wrongdoer was carrying out the purposes or aims of the other, and if it is fair, just and reasonable. All these factors were found to be present in the relationship between a bishop and a priest.”

Issue: 7523 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
back-to-top-scroll