JGE v The English Province of Our Lady of Charity & Anor [2011] EWHC 2871 (QB) (08 November 2011)

JGE v The English Province of Our Lady of Charity & Anor [2011] EWHC 2871 (QB) (08 November 2011)

The relationship between Father Baldwin and the Defendants was sufficiently close, with the Defendants empowering and authorising him to act on their behalf, materially increasing the risk of wrongdoing. Vicarious liability may attach even though the relationship was not classic employment. The principal features of the relationship dictate that the Defendants should be held responsible for the actions initiated by their appointment and empowerment of Father Baldwin.

Citation
[2011] EWHC 2871 (QB)
Parties
Claimant: JGE; First Defendant: The English Province of Our Lady of Charity; Second Defendant: The Trustees of the Portsmouth Roman Catholic Diocesan Trust
Jurisdiction
England and Wales
Judgment Date
08 November 2011
Procedural Posture
Personal Injury Claim (sexual Abuse) / Preliminary Issue Determination
Outcome
Preliminary issue determined in favour of the Claimant; Second Defendant may be vicariously liable for the alleged torts of Father Baldwin.
Legal Topics
Vicarious Liability, Sexual Abuse, Relationship Akin to Employment, Clergy Liability
Tort Law Vicarious Liability Sexual Abuse Relationship Akin to Employment Clergy Liability

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Parties

JGE

Claimant

The English Province of Our Lady of Charity

First Defendant

The Trustees of the Portsmouth Roman Catholic Diocesan Trust

Second Defendant

Procedural Posture

Personal Injury Claim (sexual Abuse) / Preliminary Issue Determination

Legal Issues

  1. 1 Whether the Second Defendant may be vicariously liable for the alleged torts of Father Baldwin

Ratio Decidendi

The relationship between Father Baldwin and the Defendants was sufficiently close, with the Defendants empowering and authorising him to act on their behalf, materially increasing the risk of wrongdoing. Vicarious liability may attach even though the relationship was not classic employment. The principal features of the relationship dictate that the Defendants should be held responsible for the actions initiated by their appointment and empowerment of Father Baldwin.

Court Disposition

Preliminary issue determined in favour of the Claimant; Second Defendant may be vicariously liable for the alleged torts of Father Baldwin.

Orders

  • The preliminary issue is determined in favour of the Claimant.