Catholic Child Welfare Society and others v Various Claimants (FC) and others [2012] UKSC 56, [2012] All ER (D) 238 (Nov)
Supreme Court, Lord Phillips, Lady Hale, Lord Kerr, Lord Wilson & Lord Carnwath SCJJ, 21 Nov 2012
The test for vicarious liability is two stage: (i) to consider the relationship of D1 and D2 to see whether it was one that was capable of giving rise to vicarious liability; and (ii) to examine the connection that linked the relationship between D1 and D2 and the act or omission of D1.
George Leggatt QC and Nicholas Fewtrell (instructed by Hill Dickinson LLP) for the Middlesbrough defendants. Patricia Leonard (instructed by Jordans Solicitors) for the first respondent. Lord Faulks QC and Alastair Hammerton (instructed by Wedlake Bell LLP) for the institute.
In 1680, the Institute of the Brothers of the Christian Schools (the institute) was founded with the mission to teach children. The institute was an unincorporated association whose members were lay brothers of the Catholic Church. A group action was brought by 170 men
