Journal Article

Vicarious liability narrows for intentional torts in English law: Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB

Abstract

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.

Authors

Burin, Achas K.

Oxford Brookes departments

School of Law and Social Sciences

Dates

Year of publication: 2024
Date of RADAR deposit: 2024-03-05

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Related resources

This RADAR resource is the Version of Record of Vicarious Liability Restricted for Intentional Torts in English Law: Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB