Hickey -v- McGowan & ors [2017] IESC 6 (09 February 2017)

Hickey -v- McGowan & ors [2017] IESC 6 (09 February 2017)

A religious order may be vicariously liable for acts of sexual abuse committed by a member where the relationship between the order and the member is sufficiently close, and the acts are closely connected to the order’s mission and activities. The Marist Order, as a teaching order, supplied teachers to the school and the abuse occurred during teaching activities, thus satisfying the close connection test. The Order’s collective nature and control over members’ activities justify imposing vicarious liability.

Citation
[2017] IESC 6
Parties
Plaintiff/respondent: Pádraig Hickey; Defendant/appellant: Patrick Joseph McGowan; Defendant/appellant: Christopher Cosgrove
Jurisdiction
Ireland
Judgment Date
09 February 2017
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Vicarious Liability, Sexual Abuse, Statute of Limitations, Liability of Religious Orders
Tort Law Civil Liability Vicarious Liability Sexual Abuse Statute of Limitations Liability of Religious Orders

Case Brief

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Parties

Pádraig Hickey

Plaintiff/respondent

Patrick Joseph McGowan

Defendant/appellant

Christopher Cosgrove

Defendant/appellant

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether a religious order can be vicariously liable for sexual abuse committed by a member
  2. 2 Whether the relationship between the Marist Order and its members is sufficient to impose vicarious liability
  3. 3 Application of the 'close connection' test for vicarious liability in cases of sexual abuse

Ratio Decidendi

A religious order may be vicariously liable for acts of sexual abuse committed by a member where the relationship between the order and the member is sufficiently close, and the acts are closely connected to the order’s mission and activities. The Marist Order, as a teaching order, supplied teachers to the school and the abuse occurred during teaching activities, thus satisfying the close connection test. The Order’s collective nature and control over members’ activities justify imposing vicarious liability.

Court Disposition

Appeal allowed

Orders

  • The Marist Order is vicariously liable for the sexual abuse committed by its member, the second named defendant.
  • Damages awarded to the plaintiff as assessed by the High Court.