Law and Rights
A "preliminary issue" continues to be fought in the case of JGE v Trustees of the Portsmouth Roman Catholic Diocesan Trust. The decision of MacDuff J is discussed in a previous post of 16th January 2012. The preliminary issue has now been considered by the Court of Appeal - Ward, Tomlinson and Davis LJJ - (judgment) - which decided that vicarious liability in tort could attach to the Trustees for the conduct of a Roman Catholic priest. The court considered that the relationship between the Priest and the Trustees was sufficiently akin to employment. The decision was considered by the Court of Appeal to be a "difficult one" (Ward LJ at 73) and "not easy to decide" - "an elusive point" - Tomlinson LJ at 110.
The judgment of Ward LJ questions - at para 6 - whether this matter should have been pursued as a "preliminary point."
"I am far from convinced that trying a preliminary issue is the best way to deal with questions of this sort. Since both stage 1 and stage 2 are fact sensitive and since, per Hughes LJ in Various Claimants v The Catholic Child Welfare Society and the Institute of Brothers of the Christian Schools and others [2010] EWCA Civ 1106 at [37], "It is a judgment upon a synthesis of the two which is required", it would have been far better to have dealt with the two stages together. The nature of the relationship between the bishop and the priest must have some effect on the ambit of the acts which are within the scope of that relationship."
The Court of Appeal refused permission for a further appeal to the Supreme Court of the UK. The reasons for this are set out in an addendum to the judgment:
"The appellants now apply for permission to appeal to the Supreme Court. We acknowledge that the Court's judgment in this case has widen the scope of vicarious liability extending it from well established situations of employment to relationships that are "akin to employment". This has ramifications in other areas of the law and to that extent this case does raise a matter of some public importance. The issue was important enough for the Supreme Court of Canada to consider it. We also acknowledge that each of us has found the case difficult to decide on the facts. Nonetheless, we have decided, after some hesitation, to refuse permission to appeal. Rather than deal with a case decided as a preliminary issue, the Supreme Court may prefer to wait till they have a case fought out on all factual issues with a judgment at the conclusion of a fully contested trial. Secondly we are aware that the Supreme Court are hearing the case of Various Claimants v The Catholic Child Welfare Society and the Institute of Brothers of the Christian Schools and others on 23rd July and although Stage 1 is not at issue in that case, the Supreme Court will be better able than we are to judge whether this case raises other issues they may wish to hear next. This addendum is written in the hope that it may be of some assistance to the Supreme Court in the event that permission to appeal is sought." [Link supplied].
It is highly likely that this case will end up in the Supreme Court. A question of when and not if.
See the discussion of the Court of Appeal's decision on the UK Human Rights Blog - Rosalind English - Church has employer's duty of liability for parish priests
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Law and Rights
Vicarous liability for intentional tort ~ Roman Catholic Priest
The judgment of Ward LJ questions - at para 6 - whether this matter should have been pursued as a "preliminary point."
"I am far from convinced that trying a preliminary issue is the best way to deal with questions of this sort. Since both stage 1 and stage 2 are fact sensitive and since, per Hughes LJ in Various Claimants v The Catholic Child Welfare Society and the Institute of Brothers of the Christian Schools and others [2010] EWCA Civ 1106 at [37], "It is a judgment upon a synthesis of the two which is required", it would have been far better to have dealt with the two stages together. The nature of the relationship between the bishop and the priest must have some effect on the ambit of the acts which are within the scope of that relationship."
The Court of Appeal refused permission for a further appeal to the Supreme Court of the UK. The reasons for this are set out in an addendum to the judgment:
"The appellants now apply for permission to appeal to the Supreme Court. We acknowledge that the Court's judgment in this case has widen the scope of vicarious liability extending it from well established situations of employment to relationships that are "akin to employment". This has ramifications in other areas of the law and to that extent this case does raise a matter of some public importance. The issue was important enough for the Supreme Court of Canada to consider it. We also acknowledge that each of us has found the case difficult to decide on the facts. Nonetheless, we have decided, after some hesitation, to refuse permission to appeal. Rather than deal with a case decided as a preliminary issue, the Supreme Court may prefer to wait till they have a case fought out on all factual issues with a judgment at the conclusion of a fully contested trial. Secondly we are aware that the Supreme Court are hearing the case of Various Claimants v The Catholic Child Welfare Society and the Institute of Brothers of the Christian Schools and others on 23rd July and although Stage 1 is not at issue in that case, the Supreme Court will be better able than we are to judge whether this case raises other issues they may wish to hear next. This addendum is written in the hope that it may be of some assistance to the Supreme Court in the event that permission to appeal is sought." [Link supplied].
It is highly likely that this case will end up in the Supreme Court. A question of when and not if.
See the discussion of the Court of Appeal's decision on the UK Human Rights Blog - Rosalind English - Church has employer's duty of liability for parish priests
- R V Jogee ~ Supreme Court To Hear Joint Enterprise Appeal
The Supreme Court has agreed to hear an appeal in the case of R v Ameen Hassan Jogee. The Court of Appeal Criminal Division judgment is at [2013] EWCA Crim 1433. Here is an appeal which is potentially of major importance in the controversial...
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The Supreme Court has handed down judgment in The Catholic Child Welfare Society and others (Appellants) v Various Claimants and The Institute of the Brothers of the Christian Schools (Respondents) [2012] UKSC 56 The question was whether the Institute...
- Child Care Cases - A Difficult Question Of Law Heading To The Supreme Court
In March 2004, a baby girl (T-L) was found dead in her parent's bed. Some weeks before her death she had suffered 17 fractures to her ribs. There was also other bruising. The official cause of death was asphyxia by obstruction...
- Vicarious Liability For Intentional Tort
Royal Courts of Justice, LondonIn what circumstances should a person (D) be liable in tort for the intentional tort (e.g. an assault) committed by another person (T)? In other words, when may D be vicariously liable in tort for the deliberate act...
- Supreme Court - R V Armel Gnango - Murder
In 2008, Armel Gnango was convicted at the Old Bailey of the murder of Magda Priewska. There was a "shoot out" between Gnango and another man ("Bandana Man"). Magda came innocently upon this event and was killed by a shot to her head. ...