A v Watchtower Bible and Tract Society (Trustees of) & Ors [2015] EWHC 1722 (QB) (19 June 2015)

A v Watchtower Bible and Tract Society (Trustees of) & Ors [2015] EWHC 1722 (QB) (19 June 2015)

The relationship between Jehovah's Witnesses' elders/ministerial servants and the organisation is sufficiently close to employment to justify vicarious liability for sexual abuse committed by Peter Stewart. The claimant did not have sufficient knowledge under s.14 Limitation Act 1980 until 2014, and it is equitable to disapply the limitation period under s.33 for both the assault and safeguarding claims. The defendants are vicariously liable for the abuse and the negligent safeguarding failure.

Citation
[2015] EWHC 1722 (QB)
Parties
Claimant: A; First Defendants: The Trustees of the Watchtower Bible and Tract Society; Second Defendants: The Trustees of the Loughborough Blackbrook Congregation of Jehovah's Witnesses; Third Defendants: The Trustees of the Loughborough Southwood Congregation of Jehovah's Witnesses
Jurisdiction
England and Wales
Judgment Date
19 June 2015
Procedural Posture
Personal Injury (sexual Abuse) – Civil Claim / High Court Trial Judgment
Outcome
Claim allowed. Judgment for the claimant.
Legal Topics
Sexual Abuse, Vicarious Liability of Religious Organisations, Limitation Act 1980 – S.14 Knowledge and S.33 Discretion, Safeguarding Duties, Negligence
Tort Law Limitation Law Vicarious Liability Personal Injury Sexual Abuse Vicarious Liability of Religious Organisations Limitation Act 1980 – S.14 Knowledge and S.33 Discretion Safeguarding Duties +1 more

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Parties

A

Claimant

The Trustees of the Watchtower Bible and Tract Society

First Defendants

The Trustees of the Loughborough Blackbrook Congregation of Jehovah's Witnesses

Second Defendants

The Trustees of the Loughborough Southwood Congregation of Jehovah's Witnesses

Third Defendants

Procedural Posture

Personal Injury (sexual Abuse) – Civil Claim / High Court Trial Judgment

Legal Issues

  1. 1 Whether the defendants are vicariously liable for sexual assaults committed by Peter Stewart ('the assault claim')
  2. 2 Whether the defendants are vicariously liable for negligent safeguarding by elders ('the safeguarding claim')
  3. 3 Whether the limitation period should be disapplied under s.33 Limitation Act 1980

Ratio Decidendi

The relationship between Jehovah's Witnesses' elders/ministerial servants and the organisation is sufficiently close to employment to justify vicarious liability for sexual abuse committed by Peter Stewart. The claimant did not have sufficient knowledge under s.14 Limitation Act 1980 until 2014, and it is equitable to disapply the limitation period under s.33 for both the assault and safeguarding claims. The defendants are vicariously liable for the abuse and the negligent safeguarding failure.

Court Disposition

Claim allowed. Judgment for the claimant.

Orders

  • Limitation period disapplied under s.33 Limitation Act 1980 for both assault and safeguarding claims.
  • Defendants held vicariously liable for sexual abuse and negligent safeguarding.