Charles Pigott illustrates the potential reach of the test for vicarious liability
In Maga v The Trustees of the Birmingham Archdiocese of the Roman Catholic Church [2010] EWCA Civ 256 the Court of Appeal has concluded that the Archdiocese was vicariously liable for acts of child abuse committed by one of its priests, even though the claimant was not a Roman Catholic and had nothing to do with the church to which the priest was attached.
The claim arose from acts of abuse committed in the mid 70s by Father Clonan, a priest working at a Roman Catholic church in Coventry.
Father Clonan was in his early 30s when he began work at the church. He focused particularly on youth work, running discos and social clubs and coaching a number of football teams. He lived at the presbytery next to the church, which was owned by the Archdiocese and housed a number of other priests. He had additional income from running a construction company and owned a number of houses in the Coventry area as well as a succession of sports cars.
The
