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  Archdiocese Held Liable for Acts of Sexual Abuse Committed by Employee

Lexology
April 26, 2010

http://www.lexology.com/library/detail.aspx?g=73c4accb-7b6f-4193-8f28-c145bbe584bc

The Court of Appeal has considered, in the case of Maga v Trustees of the Birmingham Archdiocese of the Roman Catholic Church, whether an employer could be held liable for acts of sexual abuse committed by one of its employees. The case centred around allegations by Maga that a priest, C, employed by the Archdiocese had sexually abused him whilst he was a child.

The Court of Appeal held that the Archdiocese was indeed liable. In doing so, it noted that the acts in question must have been 'within the scope of the employment' to create any liability on the part of the Archdiocese. In considering this requirement, it held that the test to be applied in this regard was whether the wrongdoing was so closely connected with the employment that it would be fair and just to hold the employer vicariously liable. It consider that a broad approach should be adopted when establishing the scope of the employment.

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