UNITED KINGDOM
Lexology
United Kingdom October 30 2015
Kennedys Law LLP
Few areas of personal injury law give rise to more controversy, sensitivities, publicity and sense of public outcry than child abuse.
While most of the publicity relates to criminal enquiries, this is an area where criminal and civil law intertwine and insurance plays a major role. These claims often involve allegations dating back decades and complex issues of liability, causation and quantum.
Degree of control
Over the last few years, the doctrine of vicarious liability has been widened, capturing more situations akin to employment.
Attempts to limit its scope arose in A v The Trustees of the Watchtower Bible and Tract Society and others [2015]. The defendant argued that Jehovah’s Witnesses were distinctive because they were not full-time clergymen, had a secular life as well as being members of the congregation, and were not fully integrated or controlled in their conduct.
In applying the two-stage test laid down by the Supreme Court in Catholic Child Welfare Society [2012], the court held that being a Jehovah’s Witness was a way of life, applying a strict moral code with oversight given by a judicial committee. There was also a hierarchical structure and a level of control over their behaviour. This was arguably more controlling than the relationship between an employer and employee.
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