(Opinion of Lord Osborne) The claimant sought damages saying that he had suffered abuse while a pupil at the approved school managed by the respondents. The claim was a test case as there were pending some 150 additional cases where abuse was alleged at the hands of brothers at that school.
Held: There was no basis upon which the allegation of vicarious liability on the part of the Institute could succeed and the claim was accordingly dismissed.
Judges:
Lord Osborne, Lord Clarke, Lord Marnoch
Citations:
2007 SCLR 360, [2007] ScotCS CSIH – 27, 2007 GWD 16-301, 2007 SC 556
Links:
Citing:
See Also – AM v Reverend Joseph Hendron and others OHCS 13-Sep-2005
Serious abuse was said to have been inflicted by monks of the De La Salle order on those in their charge at an approved school in Scotland. The former pupil claimant contended that the SED owed him a non-delegable duty which entitled him to . .
Lists of cited by and citing cases may be incomplete.
Scotland, Torts – Other, Vicarious Liability
Updated: 10 July 2022; Ref: scu.251054