Vicarious Liability Restricted for Intentional Torts in English Law: <i>Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB</i>

Abstract Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB , a sexual abuse case, is the latest UK Supreme Court judgment on vicarious liability. This case note is critical of the substantive judgment, as well as the court’s method of arriving at it. The case note argues that the Supreme Court allowed the appeal on tenuous grounds. Further, the practical effect of the judgment is unwelcome. As a result of this case, it will be harder for survivors of sexual abuse to demonstrate vicarious liability because they will find it difficult to show a naturally close connection between intentional torts and authorised employment activities. Lastly, the case note criticises the Supreme Court’s treatment of the facts and the language it used.

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Publication Details

Journal
Journal of European Tort Law
Published
2024-11-27
DOI
https://doi.org/10.1515/jetl-2024-0017
Primary Topic
Legal principles and applications
Type
article
Field-Weighted Citation Impact
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article

Vicarious Liability Restricted for Intentional Torts in English Law: Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB

Achas K Burin
Journal of European Tort Law
Legal principles and applications
article

Vicarious Liability Restricted for Intentional Torts in English Law: Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB

Achas K Burin
article en

Abstract

Abstract Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB , a sexual abuse case, is the latest UK Supreme Court judgment on vicarious liability. This case note is critical of the substantive judgment, as well as the court’s method of arriving at it. The case note argues that the Supreme Court allowed the appeal on tenuous grounds. Further, the practical effect of the judgment is unwelcome. As a result of this case, it will be harder for survivors of sexual abuse to demonstrate vicarious liability because they will find it difficult to show a naturally close connection between intentional torts and authorised employment activities. Lastly, the case note criticises the Supreme Court’s treatment of the facts and the language it used.

Journal of European Tort LawVol. 15(3)
Oxford Brookes University (GB)
Gender equality
Openalex Percentile: Top 59%
Legal principles and applications
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Vicarious Liability Restricted for Intentional Torts in English Law: <i>Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB</i> — Achas K Burin · Journal of European Tort Law (2024) | TGRS Research Map | TGRS