BXB v Watch Tower And Bible Tract Society of Pennsylvannia & Anor (Rev 1) [2020] EWHC 156 (QB) (30 January 2020)

BXB v Watch Tower And Bible Tract Society of Pennsylvannia & Anor (Rev 1) [2020] EWHC 156 (QB) (30 January 2020)

The Defendants are vicariously liable for the rape committed by Mark Sewell because his position as an elder and the instructions given by another elder created a relationship of authority and trust, which was a significant factor in the events leading to the assault. The connection between Mark Sewell's role and the tort was sufficiently close to impose vicarious liability. The Defendants did not owe a duty of care in the conduct of the investigation into the rape allegation, as imposing such a duty would require the court to adjudicate on matters of religious doctrine and internal disciplinary procedures, which are not justiciable in the absence of a contractual or statutory right. Time...

Citation
[2020] EWHC 156
Parties
Claimant: BXB; First Defendant: Watch Tower and Bible Tract Society of Pennsylvania; Second Defendant: Trustees of the Barry Congregation of Jehovah's Witnesses
Jurisdiction
England and Wales
Judgment Date
30 January 2020
Procedural Posture
Tort Claim (personal Injury, Vicarious Liability, Negligence) / High Court Judgment (trial)
Outcome
Claim for vicarious liability succeeds; claim for negligence in investigation fails; time extended for vicarious liability claim only.
Legal Topics
Vicarious Liability, Negligence, Limitation of Actions, Duty of Care, Religious Autonomy, Sexual Assault, Damages
Tort Law Personal Injury Religious Law Human Rights Vicarious Liability Negligence Limitation of Actions Duty of Care +3 more

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Parties

BXB

Claimant

Watch Tower and Bible Tract Society of Pennsylvania

First Defendant

Trustees of the Barry Congregation of Jehovah's Witnesses

Second Defendant

Procedural Posture

Tort Claim (personal Injury, Vicarious Liability, Negligence) / High Court Judgment (trial)

Legal Issues

  1. 1 Whether time should be extended under s. 33 of the Limitation Act 1980 for the vicarious liability and investigation claims
  2. 2 Whether the Defendants are vicariously liable for the rape committed by Mark Sewell
  3. 3 Whether the Defendants owed a duty of care in the conduct of the investigation into the rape allegation

Ratio Decidendi

The Defendants are vicariously liable for the rape committed by Mark Sewell because his position as an elder and the instructions given by another elder created a relationship of authority and trust, which was a significant factor in the events leading to the assault. The connection between Mark Sewell's role and the tort was sufficiently close to impose vicarious liability. The Defendants did not owe a duty of care in the conduct of the investigation into the rape allegation, as imposing such a duty would require the court to adjudicate on matters of religious doctrine and internal disciplinary procedures, which are not justiciable in the absence of a contractual or statutory right. Time...

Court Disposition

Claim for vicarious liability succeeds; claim for negligence in investigation fails; time extended for vicarious liability claim only.

Orders

  • Defendants to pay damages to the Claimant for psychiatric injury and consequential loss arising from the rape.
  • No damages awarded for alleged negligence in the investigation.