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

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

The Defendants' unreasoned refusal to engage in ADR, in breach of a court order, was unreasonable and justified indemnity costs from the date of refusal (25 February 2019) but not for the entire proceedings. The enhanced interest rate on damages and costs was set at 4% above base rate, not the maximum, as the Defendants' conduct, aside from the ADR issue, was not particularly unreasonable.

Citation
[2020] EWHC 656 (QB)
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
11 March 2020
Procedural Posture
Personal Injury Claim / Post Trial Costs Judgment
Outcome
Claimant awarded indemnity costs from 25 February 2019; enhanced interest on damages and costs set at 4% above base rate; total damages of £69,500 confirmed.
Legal Topics
Vicarious Liability, Personal Injury, Costs, Alternative Dispute Resolution, Limitation of Actions
Tort Law Civil Procedure Vicarious Liability Personal Injury Costs Alternative Dispute Resolution Limitation of Actions

Case Brief

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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

Personal Injury Claim / Post Trial Costs Judgment

Legal Issues

  1. 1 Whether indemnity costs should be awarded for the entire proceedings or only part thereof
  2. 2 Whether an enhanced rate of interest should be applied to damages and costs under CPR r. 36.17(4)

Ratio Decidendi

The Defendants' unreasoned refusal to engage in ADR, in breach of a court order, was unreasonable and justified indemnity costs from the date of refusal (25 February 2019) but not for the entire proceedings. The enhanced interest rate on damages and costs was set at 4% above base rate, not the maximum, as the Defendants' conduct, aside from the ADR issue, was not particularly unreasonable.

Court Disposition

Claimant awarded indemnity costs from 25 February 2019; enhanced interest on damages and costs set at 4% above base rate; total damages of £69,500 confirmed.

Orders

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