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Not black & white

10 August 2012 / Richard Scorer
Issue: 7526 / Categories: Features , Personal injury
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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

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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