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 justifies indemnity costs from the date of refusal (25 February 2019), but not for the entire proceedings. Enhanced interest on damages and costs is set at 4% above base rate, reflecting the Defendants' conduct but not warranting the maximum rate.

Citation
[2020] EWHC 656
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
Judgment for the Claimant on costs and interest issues as specified.
Legal Topics
Vicarious Liability, Personal Injury, Costs, Alternative Dispute Resolution, Limitation, Interest on Damages
Tort Law Civil Procedure Vicarious Liability Personal Injury Costs Alternative Dispute Resolution Limitation 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

Personal Injury Claim / Post Trial Costs Judgment

Legal Issues

  1. 1 Whether the Defendants should pay indemnity costs for the entire proceedings or only from a certain date
  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 justifies indemnity costs from the date of refusal (25 February 2019), but not for the entire proceedings. Enhanced interest on damages and costs is set at 4% above base rate, reflecting the Defendants' conduct but not warranting the maximum rate.

Court Disposition

Judgment for the Claimant on costs and interest issues as specified.

Orders

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