A. McE. (A.P.) v (FIRST) THE REVEREND JOSEPH HENDRON and Others Defenders and Reclaimers

JurisdictionScotland
Neutral Citation[2007] CSIH 27
CourtCourt of Session (Inner House)
Date2007
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9 cases
  • Various Claimants v The Catholic Child Welfare Society and Others
    • United Kingdom
    • Supreme Court
    • 21 November 2012
    ...to this Court. Accordingly they have played no part in the appeal. 5 This case is almost a carbon copy of McE v De La Salle Brothers [2007] CSIH 27; 2007 SC 566, in which a similar preliminary issue was tried. In that case a single pursuer claimed damages in respect of physical abuse to wh......
  • John Aitchison V. Glasgow City Council
    • United Kingdom
    • Court of Session
    • 10 February 2010
    ...must accordingly, in my opinion, be disapproved. [44] Lord Marnoch was a party to the decision in Carnegie. In McE v De La Salle Brothers 2007 SC 556 he appears to have had second thoughts. He recognised (page 628) that the approach of the court in Carnegie did involve "some measure of purp......
  • JXJ v The Province of Great Britain of the Institute of Brothers of the Christian Schools (“the de la Salle Brothers”)
    • United Kingdom
    • Queen's Bench Division
    • 17 July 2020
    ...Clarke LJ). However, the decision of the Extra Division of the Inner House of the Court of Session in McE v de la Salle Brothers [2007] CSIH 27, [2007] SC 556 concerned abuse perpetrated by a brother at this very school between 1963 and 1966; and the parties agree that the decision correctl......
  • E.a. (ap) V. G.n. (ap)
    • United Kingdom
    • Court of Session
    • 8 October 2013
    ...Ltd [2003] QB 1441 as discussed in Hoare at paragraph 36. This approach was not followed by Scottish courts - McE v De La Salle Brothers 2007 SC 556 at paragraph 162. [71] However, as a result of the Hoare case, the inhibiting effect on a claimant's ability to bring proceedings earlier fall......
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1 firm's commentaries
  • BLG Monthly Update - January 2013
    • Canada
    • Mondaq Canada
    • 7 January 2013
    ...Catholic Child Welfare Society v Various Claimants, [2012] UKSC 56. A test case in Scotland a few years ago (McE v De La Salle Brothers [2007] CSIH 27) concluded on similar facts that it could Lord Phillips, for the Court, noted that 'the law of vicarious liability is on the move', but that......

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