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 provide reasons for refusing ADR, in breach of a court order, was unreasonable and justifies 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 particularly unreasonable.

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 / Costs Ruling After Judgment
Outcome
Claimant awarded indemnity costs from 25 February 2019; enhanced interest on damages and costs set at 4% above base rate; total judgment sum £69,500.
Legal Topics
Vicarious Liability, Personal Injury, Costs, Alternative Dispute Resolution, Interest on Damages
Tort Law 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 / Costs Ruling After Judgment

Legal Issues

  1. 1 Whether the Defendants should pay the Claimant's costs on the indemnity basis due to unreasonable conduct, particularly refusal to engage in ADR
  2. 2 What enhanced rate of interest should apply to damages and costs under CPR r. 36.17(4)

Ratio Decidendi

The Defendants' failure to provide reasons for refusing ADR, in breach of a court order, was unreasonable and justifies 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 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 judgment sum £69,500.

Orders

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