A v Watchtower Bible and Tract Society (Trustees of) & Ors

A v Watchtower Bible and Tract Society (Trustees of) & Ors

The defendants are vicariously liable for the sexual abuse committed by Peter Stewart as he acted with actual or ostensible authority as a ministerial servant, and his abuse was inextricably interwoven with his duties. The elders owed a duty of care to warn and protect the congregation after learning of his abuse in 1990, breached that duty by failing to warn adequately, and the defendants are vicariously liable for that breach. The limitation period is disapplied as it is equitable to allow the claim to proceed given the claimant’s psychiatric injury and lack of knowledge, and no decisive prejudice to the defendants.

Parties
Claimant: A; First Defendants: The Trustees of the Watchtower Bible and Tract Society; Second Defendants: The Trustees of the Loughborough Blackbrook Congregation of Jehovah’s Witnesses; Third Defendants: The Trustees of the Loughborough Southwood Congregation of Jehovah’s Witnesses
Jurisdiction
England and Wales
Judgment Date
19 June 2015
Procedural Posture
Civil (personal Injury – Sexual Abuse) / Judgment After Trial
Outcome
Claim allowed; judgment for the claimant.
Legal Topics
Vicarious Liability, Negligence, Limitation Periods, Duty of Care, Safeguarding, Sexual Abuse, Assumption of Responsibility
Tort Law Limitation Law Charity Law Vicarious Liability Negligence Limitation Periods Duty of Care Safeguarding +2 more

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Parties

A

Claimant

The Trustees of the Watchtower Bible and Tract Society

First Defendants

The Trustees of the Loughborough Blackbrook Congregation of Jehovah’s Witnesses

Second Defendants

The Trustees of the Loughborough Southwood Congregation of Jehovah’s Witnesses

Third Defendants

Procedural Posture

Civil (personal Injury – Sexual Abuse) / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants are vicariously liable for sexual assaults committed by Peter Stewart as a ministerial servant ('the assault claim')
  2. 2 Whether the defendants are vicariously liable for the actions of the elders in negligently failing to protect the claimant after knowledge of previous abuse ('the safeguarding claim')
  3. 3 Whether the limitation period should be disapplied under section 33 of the Limitation Act 1980

Ratio Decidendi

The defendants are vicariously liable for the sexual abuse committed by Peter Stewart as he acted with actual or ostensible authority as a ministerial servant, and his abuse was inextricably interwoven with his duties. The elders owed a duty of care to warn and protect the congregation after learning of his abuse in 1990, breached that duty by failing to warn adequately, and the defendants are vicariously liable for that breach. The limitation period is disapplied as it is equitable to allow the claim to proceed given the claimant’s psychiatric injury and lack of knowledge, and no decisive prejudice to the defendants.

Court Disposition

Claim allowed; judgment for the claimant.

Orders

  • Judgment entered for the claimant.
  • Order to be drawn up to reflect agreement as to quantum.