In a landmark ruling that could prove financially costly for the Catholic Church, Mr Justice Macduff ruled that the diocese of Portsmouth was “vicariously liable” for the acts of a priest who was accused of repeatedly raping a seven year old girl in the 1970s.
The case was brought by the girl who is now a mother, referred to as JGE in court papers.
Lawyers for the diocese argued that Father Baldwin, who died in August 2006 aged 75, was effectively self-employed and that the diocesan bishop had no powers to dismiss priests which could only be authorised in Rome.
The judge ruled that although there had been no formal contract between the church and the priest here were nonetheless "crucial features" that should be recognised as “akin to employment.”
The Catholic Church has been given leave to appeal to the Supreme Court and will almost certainly do so given that the ruling potentially opens up the floodgates for compensation claims over historical sexual abuse.
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