Maga v Trustees of the Birmingham Archdiocese of the Roman Catholic Church [2010] EWCA Civ 256 CA

sexual abuse | vicarious liability

The Court of Appeal has held that it was fair and just to hold the Roman Catholic Church vicariously liable for the sexual abuse of a boy perpetrated by one of its priests. The vicarious liability arose out of the close connection between the sexual abuse and the priest's employment.

The claimant ("M"), who has learning difficulties, alleged that in the 1970s, when he was 12 or 13 years old, he was subjected to sexual abuse by a Catholic priest, Father Clonan. M consequently brought legal proceedings, claiming damages for the sexual abuse.

In 2009, the High Court held that M had been abused by Father Clonan and, because M's learning disabilities meant he lacked mental capacity to conduct legal proceedings, he was not time-barred from bringing the claim. However, the High Court decided that the Church was not vicariously liable for Father Clonan's actions because his association with the claimant was founded on activities that did not come within the ambit of his employment, such as washing his car, cleaning and ironing his clothes.

M appealed the decision to the Court of Appeal, arguing that the High Court had been wrong to conclude that the Church was not vicariously liable.

The Court of Appeal agreed with the High Court's findings that M had been sexually abused by Father Clonan and that M was not time-barred from bringing the claim. However, it held that Father Clonan was never "off duty" from his priestly responsibilities and that there was sufficient proximity between his employment as a priest and the sexual abuse to which he subjected M to render it fair and just to hold the Church vicariously liable for the sexual abuse. The Court of Appeal concluded that Father Clonan's abuse of M was carried out under the "cloak, or guise, of performing his pastoral duties". M's appeal was therefore allowed.

Case transcript of Maga v Trustees of the Birmingham Archdiocese of the Roman Catholic Church (on the BAILII website)

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