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 were vicariously liable for the rape committed by Mark Sewell as an elder, due to the close connection between his role, the authority exercised, and the circumstances leading to the assault. The court found that the relationship between Mrs B and Mark Sewell was shaped by the authority and instructions of elders, making the tort closely connected to his position. The court extended time under s.33 of the Limitation Act 1980, finding it equitable to do so. However, the Defendants did not owe a duty of care in the conduct of the investigation into the complaint, as it would not be fair, just, or reasonable to impose such a duty in the religious context. Damages were awarded...

Citation
[2020] EWHC 156 (QB)
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
30 January 2020
Procedural Posture
Tort Claim (vicarious Liability and Negligence) / High Court Judgment (trial)
Outcome
Claim allowed in part
Legal Topics
Vicarious Liability, Negligence, Duty of Care, Limitation Act 1980, Religious Organisation Liability, Sexual Assault, Damages
Tort Law Personal Injury Religious Law Limitation Vicarious Liability Negligence Duty of Care Limitation Act 1980 +3 more

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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

Tort Claim (vicarious Liability and Negligence) / High Court Judgment (trial)

Legal Issues

  1. 1 Should time be extended under s. 33 of the Limitation Act 1980 for the vicarious liability and investigation claims?
  2. 2 Are the Defendants vicariously liable for the rape of Mrs B by Mark Sewell?
  3. 3 Did the Defendants owe Mrs B a duty of care in the investigation of her complaint?

Ratio Decidendi

The Defendants were vicariously liable for the rape committed by Mark Sewell as an elder, due to the close connection between his role, the authority exercised, and the circumstances leading to the assault. The court found that the relationship between Mrs B and Mark Sewell was shaped by the authority and instructions of elders, making the tort closely connected to his position. The court extended time under s.33 of the Limitation Act 1980, finding it equitable to do so. However, the Defendants did not owe a duty of care in the conduct of the investigation into the complaint, as it would not be fair, just, or reasonable to impose such a duty in the religious context. Damages were awarded...

Court Disposition

Claim allowed in part

Orders

  • Time extended under s.33 Limitation Act 1980 for the vicarious liability claim.
  • Defendants held vicariously liable for the rape committed by Mark Sewell.