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: In press
Date of RADAR deposit: 2024-03-05

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