Attempts to contest the scope of the vicarious liability doctrine are likely to fail. Richard Scorer explains why
There has been worldwide publicity recently regarding child abuse scandals in the Catholic Church. In the UK, Catholic abuse cases have already featured in the media for over a decade, and the courts here have become very familiar with civil claims for child abuse. The Catholic Church (in the form of its constituent dioceses and orders) has vigorously contested damages claims and has sought to utilise every available line of defence. How has the law developed in response to these cases, and what issues remain to be clarified?
Since civil claims for child abuse first came before the courts in the late 1990s, two areas of contention have stood out. The first is limitation. As Sedley LJ said in the William Ablett and others v Devon County Council case in 2000, “It is in the nature of abuse of children by adults that it creates shame, fear and confusion, and these in turn produce silence. Silence is one of the most pernicious fruits of abuse. It
