In this third article we look at the opinions of legal experts on the link between Celtic F.C. and Celtic Boys Club.

Case Law: Chandler v Cape plc [2012] EWCA Civ 525 (Test Case)

The court had to decide if the parent company had taken on a direct duty of care to the employees of its subsidiary and was therefore responsible for their health and safety. In this case the parent company’s knowledge of the dangers of activities operated by its subsidiary resulted in the finding of liability. Such knowledge can be acquired from the parent company’s direct interaction with the subsidiary’s operations on site, or by its control of the subsidiary itself. The court created a test to assist future cases. A parent company could be found liable for the acts of its subsidiary if:

The parent and subsidiary share the same business;

The parent knew or ought to have had ‘superior’ knowledge of the dangers of certain practices;

The parent knew or ought to have known the subsidiary’s practices were unsafe;

The parent knew or ought to have foreseen that the subsidiary or its employees would rely on that ‘superior’ knowledge to protect the employees.

Separate legal entities may not therefore be as separate as envisaged and parent companies should be aware of the extent to which they interact or control their subsidiaries.

Victims lawyer Patrick McGuire 11th November 2018

Lawyer Patrick McGuire of Thompsons Solicitors says he expects to make claims on behalf of “at least twenty” survivors.

He said: “I wouldn’t be at all surprised if even more came forward in light of Torbett’s conviction last week.”

Mr McGuire said it was “time for Celtic to face up to its responsibilities”.

He said: “Terrible things were done in the name of Celtic, and it’s time for directors to live up to their responsibilities as individuals as well as representatives of the club."

Daily Record 10th December 2018

Lawyer Laura Connor, a partner with Thompsons Solicitors, said: “The idea that Celtic Boys Club and Celtic Football Club were not connected is clearly nonsense.

“No child that played for the boys club or their parents were in any doubt the two institutions were closely linked.

Patrick McGuire, Thompsons Solicitors.Friday 8th February 2019 (following the conviction of Celtic F.C. paedophile employee Frank Cairney)

Mr. McGuire described Celtic F.C.'s statement as "bad, meaningless and heartless".

He further attacked Celtic F.C.'s separate entity claims "that is absolutely NOT the case. Pedalling the (separate entity) line to give some sort of loophole to get out of this.....it is completely and utterly false......we have been gathering more and more evidence each week.....quite categorical on the extent of the connection between the two organisations (Celtic and their youth organisation)......that position has only got stronger. Financially, factually, organisationally the two are utterly intertwined. The truth is......Celtic Boys Club was the de facto youth system for Celtic Football Club. The financial motivation is on the part of Celtic trying to do a Pontius Pilate job is frankly horrific. Celtic need to open up to reality or they'll be facing their day in the civil courts". They have a legal and moral responsibility to acknowledge terrible wrongs were done in the name of the club, and as well as a sincere apology, they need to face up to the consequences of that.”

Patrick McGuire The Sun 14th May 2019

“The level of abuse that took place in a general Celtic setting was prolific.”

Patrick McGuire The Times 16th May 2019

Mr McGuire said: “We have formally intimated a large number of claims on behalf of survivors of all the four named paedophiles that operated under the guise of the wider Celtic umbrella. We continue to gather evidence and have got a lot of financial information. We have got the evidence of survivors, talking about the links. Celtic’s board and chief executive should stop hiding behind their lawyers and start looking at what Manchester City has done,”

Patrick McGuire Daily Record 17th May 2019

Patrick McGuire, a partner with Thompsons Solicitors, who are representing the victims, said: “These new revelations uncovered by the Record go further than ever before in disproving the ridiculous assertion that the boys’ club and Celtic were separate organisations."

“The former directors of Celtic have got to be clear about what they thought they were investigating back in the mid-80s."

“The survivors my team represent deserve answers from the club about these investigations and they continue to be shocked and insulted that the board maintain that the boys’ club and Celtic FC are separate organisations."

“The survivors must receive an official apology from the club and be properly compensated for the terrible things that happened to them when, as children, they were under Celtic’s care."

“This is the morally right and decent thing to do but if Celtic continue to ignore us, as I have said before, we will see them in court.”

Prof Adam Tomkins The Times May 31 2019

"A full and independent investigation must be carried out into the systematic child abuse within Celtic FC’s feeder club", a senior MSP has said. Professor Tomkins, the shadow cabinet secretary for communities, has also said that he is seeking a meeting with Mr Lawwell and Ian Maxwell, the chief executive of the Scottish FA."

“Through a series of criminal trials we now know something of the scale of the abuse committed by a number of the men associated with CBC,” Professor Tomkins said. “They have been proved in a court of law. What we do not know is what Celtic FC knew about these offences and when they knew it. These questions must now be independently and fully investigated and, if necessary, a compensation scheme should be established such as that set up earlier this year by Manchester City."

Professor of Law Adam Tomkins 1st Jun 2019

"Wherever possible legal process occurs in the open, not behind closed doors. I know of no reason why legal investigation into what Celtic FC knew about the abuse at the boys club (and when they knew it) needs to be in secret. Nothing in Celtic’s letter to me undermines my belief that these matters require to be independently investigated and that, if necessary, Celtic will have to establish and administer a compensation scheme for victims of abuse."

COMING NEXT – POLITICIANS' OPINIONS ON THE LINK BETWEEN CELTIC F.C. AND CELTIC BOYS CLUB