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

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, as the relationship and connection to the wrongful acts satisfied the legal test for vicarious liability. Damages were awarded to the pursuer 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 / Judgment
Outcome
pursuer succeeds
Legal Topics
Vicarious Liability, Historic Abuse, Damages
Tort Personal Injury Vicarious Liability Historic Abuse Damages

Case Brief

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Parties

AB

Pursuer

The English Province Of The Congregation Of Christian Brothers

Defender

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defender is vicariously liable for abuse committed by a member of the congregation
  2. 2 Assessment of 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, as the relationship and connection to the wrongful acts satisfied the legal test for vicarious liability. Damages were awarded to the pursuer for the harm suffered.

Court Disposition

pursuer succeeds

Orders

  • Defender found vicariously liable for abuse committed by member of congregation
  • Defender ordered to pay damages to pursuer