Compensation for Historic Sexual Abuse in Australia: Vicarious Liability v. Non-delegable Duties

by Professor Paula Giliker, University of Bristol Law School

On 17 June 2025, the High Court of Australia (HCA) gave special permission to appeal in AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle ABN [2025] HCA Trans 47. The matter is listed for hearing in the HCA on 7 August 2025. AA involves a claim by the plaintiff who, in 1969 (then aged 13), was allegedly sexually abused by an assistant priest in a local church presbytery after being invited there to consume alcohol, smoke cigarettes and play on a gambling machine in the priest’s bedroom. At first instance ([2024] NSWSC 1183), the judge had found the Catholic Diocese to be vicariously liable for the priest’s wrongdoing and that the Church had breached its duty of care to the plaintiff. However, judgment was given before the game-changing decision of the HCA in Bird v DP [2024] HCA 41. As I have discussed earlier, in Bird, the majority of the HCA held that, in Australia, the principles of vicarious liability are confined to employment relationships. On this basis, the torts of priests, who are not technically employees, would not be covered by vicarious liability.  The HCA rejected the suggestion, found in UK cases such as The Catholic Child Welfare Society v Various Claimants (CCWS) [2012] UKSC 56 and in Canada that the relationship test for vicarious liability could be extended to relationships “akin to employment” (that is, relationships not technically of employment but practically very similar in nature). This, argued the majority, would produce uncertainty and indeterminacy. (more…)

Advancing Legal Perspectives on Climate Reparations

by Sahar Shah, University of Bristol Law School and Joy Reyes, Grantham Research Institute on Climate Change and the Environment.

“Activists from the Climate Reparations Bloc prepare for a march.” by Insure Our Future

Mitigating climate change is one thing; climate justice is another – however, the two concepts are often conflated in political and media discourses. This is a problem because the two issues require distinct analyses and responses. Without clarity about the nature of, and reasons for, these distinctions, the injustices that stem from climate change risk being subsumed under broadly defined ‘climate mitigation’ efforts. Legal language provides an apt toolkit for clarifying the ‘justice-based’ issues at stake in relation to climate change – and for translating these issues from the theoretical realm into public and policy spheres. The concept of ‘climate reparations’ serves as a topical case in point. (more…)

Thinking about violence

by Henry Jones, Associate Professor in International Law, Durham Law School

This blog considers different forms and justifications for violence, ultimately supporting non-violence. It is part of the Extractive Industry and Foreign Security Network blog series.

What is violence? Is it ever justified? Is it inevitable? Who does violence to whom? The question of violence is a major theme of 20th century political theory. Rosa Luxemborg described violent struggle as the place where the proletariat become human beings.[1]   In the 21st century, the place of violence is much more ambiguous. Partly because the violence of the state has become so much more total and all-pervasive and partly because the balance of arms is so unequal. This blog considers different forms and justifications for violence, ultimately agreeing with proposals for a radical non-violence. (more…)

UK tort law on human rights abuses in supply chains: The Dyson Litigation

by Chris Riley, Reader in Commercial Law at Durham Law School, and Irene-marié Esser, Professor of Corporate Law and Governance in the School of Law, University of Glasgow

A Dyson handheld vacuum—emphasis on logo. Daniel Foster, CC BY-NC 2.0

This blog considers the extent to which UK courts are willing to adjudicate upon harms committed overseas in connection with UK company supply chains. This blog is part of the Extractive Industry and Foreign Security Network blog series.

Introduction

Recent years have seen a steady stream of litigation brought against UK parent companies for the environmental harm and human rights abuses caused by their overseas subsidiaries.  This blog considers the Court of Appeal decision of Limbu v Dyson Technology Ltd, which is significant in providing new information on how UK courts treat tortious wrongdoing in UK company supply chains. (more…)

A Postcolonial Critique of Kadie Kalma v African Minerals Ltd

by Dr Jane Rooney, Associate Professor in International Law at Durham Law School

This blog post is a post-colonial critique of the narrative produced by Judge Turner in the High Court decision of Kadie Kalma v African Minerals Ltd that dismantles the distance between England and Sierra Leone. This blog is part of the Extractive Industry and Foreign Security Network blog series. (more…)

The international legal implications of supporting Israel, in light of the ICJ’s provisional measures and advisory opinion

by Dr. Kathryn Allinson, Lecturer in Law, University of Bristol

Destruction in the Gaza Strip, Palestine. Image by Hosny Salah, a Palestinian photographer living in the Gaza Strip. Follow him on Pixabay

The UK government is currently in the High Court defending its ongoing supply of fighter jet components to Israel. The legal dispute centres on the government’s choice to exclude F-35 parts while halting 30 arms licenses to Israel in September 2024. The F-35 plays a crucial role in Israel’s operations in Gaza, enabling the deployment of highly destructive missile strikes. An incident on July 30 resulted in the deaths of 90 Palestinians and injuries to over 300. The lawsuit contends that the UK government’s policy violates the Strategic Export Licensing Criteria, which prohibit the sale of arms to nations where they could be used in violation of international law. (more…)

Free Prior and Informed Consent as a collective right against business interests: insights from indigenous peoples in Southeast Asia

by Isabel Inguanzo Associate Professor Department of Political Science & Administration, University of Salamanca, Spain.

 

In this blog post Professor Inguanzo evaluates the efficacy of free, prior and informed consent for protecting indigenous people against appropriation of ancestral land for business enterprise. (more…)

Combatting Human Rights Impacts in Mining in Sierra Leone

Source Wikipedia

This blog features a conversation between Solomon Moses Sogbandi and Jane Rooney. Solomon discusses the impact of Amnesty International Sierra Leone’s report on MEYA mining human rights abuses; the reform of the Mines and Minerals Act 2009; the Koidu Limited Mining Company in the Kono District; and what is, if any, the UK’s role in combating human rights abuses in mining in Sierra Leone. (more…)