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, though not strictly employment, was sufficiently close and empowered by the Defendants to justify the imposition of vicarious liability for his alleged torts. The Defendants appointed, authorised, and provided Father Baldwin with the means and authority to act on their behalf, thereby introducing the risk of wrongdoing.

Citation
[2011] EWHC 2871
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 / Preliminary Issue Determination
Outcome
Preliminary issue determined in favour of the Claimant
Legal Topics
Vicarious Liability, Sexual Abuse, Employer Employee Relationship, Religious Institutions Liability
Tort Law Vicarious Liability Sexual Abuse Employer Employee Relationship Religious Institutions Liability

Case Brief

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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 / 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, though not strictly employment, was sufficiently close and empowered by the Defendants to justify the imposition of vicarious liability for his alleged torts. The Defendants appointed, authorised, and provided Father Baldwin with the means and authority to act on their behalf, thereby introducing the risk of wrongdoing.

Court Disposition

Preliminary issue determined in favour of the Claimant

Orders

  • The Second Defendant may be vicariously liable for the alleged torts of Father Baldwin.