AB gainst The English Province Of The Congregation Of Christian Brothers [2022] SC EDIN 7 (11 January 2022)

The court held that the defender was vicariously liable for the abuse committed by the member of the congregation and that the pursuer was entitled to damages for the harm suffered.

Citation: [2022] SC EDIN 7
Parties: Pursuer: AB; Defender: The English Province Of The Congregation Of Christian Brothers
Jurisdiction: Scotland
Judgment Date: 11 January 2022
Procedural Posture: Civil Action / Judgment
Outcome: judgment for pursuer
Legal Topics: Vicarious Liability, Historic Abuse, Damages

Tort Personal Injury Vicarious Liability Historic Abuse Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Pursuer

The English Province Of The Congregation Of Christian Brothers

Defender

Procedural Posture

Civil Action / Judgment

Legal Issues

1 Whether the defender is vicariously liable for abuse committed by a member of the congregation
2 Whether the pursuer is entitled to damages for historic abuse

Ratio Decidendi

The court held that the defender was vicariously liable for the abuse committed by the member of the congregation and that the pursuer was entitled to damages for the harm suffered.

Court Disposition

judgment for pursuer

Orders

Defender to pay damages to pursuer
Defender to pay interest on damages