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10 August 2012 / Richard Scorer
Issue: 7526 / Categories: Features , Personal injury
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Not black & white

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Grey areas still exist at the boundaries of vicarious liability, notes Richard Scorer

In JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust [2012] EWCA Civ 938, the Court of Appeal upheld a first instance decision making the Catholic Church (or rather its constituent dioceses and orders) vicariously liable for its priests who commit child abuse.

The decision is significant for the Church as it has had a serious problem of child abuse by priests in the last few decades and the compensation claims arising from these cases are coming before the courts. The question for the court was whether the Church is liable to the victim on a no-fault basis irrespective of whether it knew or ought to have known that the priest in question posed a risk to children. The case has been erroneously described in the media as being about whether priests are employees, but in reality it was about the scope of vicarious liability in circumstances where the perpetrator of abuse is “akin to an employee”.

Background

Following

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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