BXB v Watch Tower and Bible Tract Society of Pennsylvannia & Ors [2020] EWHC 656 (Admin) (11 March 2020)

BXB v Watch Tower and Bible Tract Society of Pennsylvannia & Ors [2020] EWHC 656 (Admin) (11 March 2020)

The Defendants' breach of a court order to explain refusal to engage in ADR was unreasonable and justifies indemnity costs from 25 February 2019. The enhanced interest rate on damages and costs is set at 4% above base rate, reflecting the Defendants' conduct but not warranting the maximum rate.

Citation
[2020] EWHC 656 (Admin)
Parties
Claimant: BXB; First Defendant: Watch Tower and Bible Tract Society of Pennsylvannia; Second Defendant: Trustees of the Barry Congregation of Jehovah's Witnesses
Jurisdiction
England and Wales
Judgment Date
11 March 2020
Procedural Posture
Personal Injury Claim / Post Trial Judgment on Costs and Interest
Outcome
Judgment for the Claimant on costs and interest issues.
Legal Topics
Vicarious Liability, Personal Injury, Costs, Alternative Dispute Resolution, Interest on Damages
Tort Law Civil Procedure Vicarious Liability Personal Injury Costs Alternative Dispute Resolution Interest on Damages

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Parties

BXB

Claimant

Watch Tower and Bible Tract Society of Pennsylvannia

First Defendant

Trustees of the Barry Congregation of Jehovah's Witnesses

Second Defendant

Procedural Posture

Personal Injury Claim / Post Trial Judgment on Costs and Interest

Legal Issues

  1. 1 Whether indemnity costs should be awarded due to unreasonable refusal to engage in ADR
  2. 2 Appropriate enhanced interest rate under CPR r. 36.17(4)

Ratio Decidendi

The Defendants' breach of a court order to explain refusal to engage in ADR was unreasonable and justifies indemnity costs from 25 February 2019. The enhanced interest rate on damages and costs is set at 4% above base rate, reflecting the Defendants' conduct but not warranting the maximum rate.

Court Disposition

Judgment for the Claimant on costs and interest issues.

Orders

  • Claimant's costs to be assessed on the indemnity basis from 25 February 2019; standard basis before that date.
  • Enhanced interest on damages and costs at 4% above base rate from 30 July 2019.