Catholic archdiocese held vicariously liable for sexual abuse
A claim made by a man with learning difficulties that he was sexually abused by a Catholic priest when he was a young boy has been upheld by the Court of Appeal
A year ago, on 22 April 2009, The High Court had dismissed Mr Maya’s claim on the basis that the Archdiocese was not vicariously liable and not in breach of any duty of care owed to him.
The Court of Appeal referred to the decision of the House of Lords in Lister v Hesley Hall Ltd [2002], in which it was held that the correct test was whether the acts were so closely connected with the employment that it would be fair and just to hold the employers vicariously liable. In this particular case there were a number of factors which, taken together, were enough to persuade the Court that there was a sufficiently close connection between the abuser’s employment as a priest and the abuse he inflicted on the claimant. The priest, a Father Clonan, usually dressed in clerical garb and he was given a special responsibility for youth work. In addition, the Archdiocese was in breach of its duty of care to the claimant for being inappropriately casual in its supervision of Father Clonan following allegations made against him.
Tracey Head, a solicitor at Kennedy’s commented: ‘It is worth noting that, in his judgment, the Master of the Rolls, Lord Neuberger stated: ‘The fact that the opportunity to commit abuse arises as a result of the employment is not enough.’ It is also necessary to show that there were additional factors, linked to the employment, involved. However, it is clear that it will be difficult for an employer to escape vicarious liability in cases such as this.’
www.bailii.org/ew/cases/EWCA/Civ/2010/256.html
Author: Clarissa Dann
Clarissa Dann was the editor of Caritas as well as an HR and management online service,he People Bulletin until July 2011.
She is now the editor of the specialist trade finance magazine, Trade and Forfaiting Review which can be viewed at www.tfreview.com but does write on charity finance and investment from time to time.
Clarissa has a background in legal and professional publishing, as well as business journalism and holds an MBA from
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