BXB v Watch Tower and Bible Tract Society of Pennsylvannia & Ors

BXB v Watch Tower and Bible Tract Society of Pennsylvannia & Ors

The defendants’ failure to engage in ADR and breach of a court order to explain their refusal was unreasonable, justifying indemnity costs for the claimant from 25 February 2019. The enhanced interest rate on damages and costs is set at 4% above base rate, not the maximum, as the defendants’ conduct was not otherwise reprehensible.

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
Civil / Post Trial Judgment on Costs and Interest
Outcome
Claimant awarded indemnity costs from 25 February 2019 and enhanced interest at 4% above base rate; total damages agreed at £69,500.
Legal Topics
Vicarious Liability, Personal Injury, Costs, Alternative Dispute Resolution, Interest on Damages
Tort 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 Pennsylvania

First Defendant

Trustees of the Barry Congregation of Jehovah’s Witnesses

Second Defendant

Procedural Posture

Civil / Post Trial Judgment on Costs and Interest

Legal Issues

  1. 1 Whether the defendants should pay indemnity costs for failure to engage in ADR
  2. 2 Appropriate rate of enhanced interest on damages and costs under CPR r. 36.17(4)

Ratio Decidendi

The defendants’ failure to engage in ADR and breach of a court order to explain their refusal was unreasonable, justifying indemnity costs for the claimant from 25 February 2019. The enhanced interest rate on damages and costs is set at 4% above base rate, not the maximum, as the defendants’ conduct was not otherwise reprehensible.

Court Disposition

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

Orders

  • Defendants to pay claimant’s costs on the indemnity basis from 25 February 2019.
  • Defendants to pay enhanced interest on damages and costs at 4% above base rate from 30 July 2019.