Supreme Court restricts scope of vicarious liability in Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15 – 9 May 2023

In a landmark decision, the UK Supreme Court has ruled in the case of Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15 that the defendant church is not vicariously liable for the rape of a member by one of its elders. The claimant, who had been assaulted in 1990, brought a claim against the church alleging vicarious liability for the elder’s actions.

The court, in a unanimous judgment delivered by Lord Burrows, outlined the two-stage test for vicarious liability. While the relationship between the defendant and the tortfeasor met the criteria of being akin to employment, the court found that the wrongful conduct was not closely connected to the elder’s duties within the church.

Lord Burrows emphasized that the friendship between the claimant and the elder should not have been a determining factor in establishing vicarious liability. The court highlighted that the rape did not occur while the elder was carrying out any church-related activities and that the claimant’s friendship with the elder was not a result of his position within the church.

The decision marks a significant restriction on the scope of vicarious liability, particularly in cases of abuse within religious institutions. Malcolm Johnson, legal director at Lime Solicitors, noted that this ruling may make it more challenging for victims of abuse to hold institutions accountable for the actions of their employees.

This case serves as a reminder of the complexities surrounding vicarious liability and the importance of carefully considering the specific circumstances of each case when determining liability for wrongful actions.