header-logo header-logo

In the confessional

25 November 2011 / Richard Scorer
Issue: 7491 / Categories: Features , Child law , Personal injury
printer mail-detail

Richard Scorer examines the legal principles behind the child abuse scandal in the Catholic Church

Child abuse compensation claims have increased in recent years and a significant proportion of these claims have been brought against the Catholic Church. Many paedophile priests have been convicted and sentenced, but many of their victims have also tried to hold the Catholic Church accountable in the civil courts. Some significant awards of damages have been made. In 2005, one victim of abuse by a priest of the Roman Catholic Archdiocese of Birmingham was awarded £635,000, a record in an abuse compensation claim. In dealing with these cases, the courts have had to grapple with the extent to which the Church should be held institutionally liable for the behaviour of individual priests.

The issue has been considered most recently in JGE v English Province of Our Lady of Charity (1) and the Trustees of the Portsmouth Roman Catholic Diocesan Trust [2011] EWHC 2871 (QB), [2011] All ER (D) 50 (Nov) (judgment handed down 8 November 2011), a case which

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll