JGE v The Portsmouth Roman Catholic Diocesan Trust [2011] EWHC 2871 (QB); [2012] EWCA Civ 938 – Law Journals

Vicarious Liability: Employer accountable for wrongdoing by a contractor

A High Court decision has significantly extended the scope of employers’ potential liability for the actions of individuals whom they do not formally employ, explain Kate Bain and Luke Green ‘This judgment extends the potential scope of vicarious liability further than ever before.’ The High Court recently handed down its ruling in Various Claimants v …

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Abuse: Is vicarious liability really ‘on the move’?

James Counsell and Ben Bradley discuss the legal implications of the decision in A v The Trustees of the Watchtower Bible and Tract Society [2015] and some practical learning points arising from their involvement in the case ‘The duty of care in any safeguarding claim is likely to turn upon the issue of the assumption …

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Vicarious Liability: Lessons from three recent cases

Rachel Farr considers when an employer is liable for the actions of its employees ‘An act might appear unconnected with an employee’s work but, taking the context and circumstances in which it occurred into account, it may be seen as incidental to, and within the scope of, employment.’ An employer is liable for the torts …

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Civil Litigation: Compensation for child abuse

Stephanie Prior looks at recent media events and the difficulties faced by victims pursuing claims ‘Civil claims against individuals are often very complex. The individual abuser will be the defendant and it is essential to ascertain from the outset whether or not they are able to pay compensation.’ One only needs to glimpse at the …

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Vicarious Liability: Is the connection close enough?

Jonathan Wheeler reviews the case law in the last 12 months A set of recent cases from 2012 have been concerned with establishing whether there is a relationship giving rise to vicarious liability on the part of the defendant at all. Vicarious liability is a doctrine of strict liability on the part of a defendant …

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Sexual Abuse: Vicarious liability on the move

Anna Macey examines The Catholic Child Welfare Society v Various Claimants (FC) and The Institute of the Brothers of the Christian Schools [2012] The Supreme Court ruling will make it easier for alleged victims of Jimmy Savile and others in the entertainment industry to succeed in claims against, for example, the BBC and Broadmoor Hospital. …

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Employment: Taking responsibility

David Sawtell examines liability for third parties in contracts for services Relying on this case, it will be easier for claimants to argue that a parent company should be liable for the acts or omissions of its subsidiary.A company usually accepts that it owes a duty of care to its own employees, and that it …

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Case Report: JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust [2012] EWCA Civ 938

Test for vicarious liability; cumulative approach All three judges agreed that priests are not employees, and that there could be no question of an ‘intention to create’ any legal relationship. In JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust [2012], the Court of appeal, by a majority of two to one (Ward …

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