Vicarious Liability Restricted for Intentional Torts in English Law: Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB
-
Achas K Burin
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.
Note
Thanks to the anonymous reviewers and to the editor of this Journal for their comments. Thanks also to Craig Allen, Shreya Atrey, Charlotte Elves, Hayley Hooper, Nina Ross, Samantha Sebastian-Dieckmann, Leah Trueblood, and Faridah Zaman for their helpful input.
© 2024 Walter de Gruyter GmbH, Berlin/Boston
Artikel in diesem Heft
- Frontmatter
- The Knock-On Effect of Financial Supervision Law in Civil Liability Law
- How Much is Enough? Full Compensation and the Standardisation of Non-Pecuniary Damages
- Clinical Negligence in an Age of Machine Learning: res ipsa loquitur to the Rescue?
- Uncertain Causation, Loss of a Chance and Proportional Liability in Medical Malpractice Cases
- Vicarious Liability Restricted for Intentional Torts in English Law: Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB
- 24rd Annual Conference on European Tort Law (ACET)
Artikel in diesem Heft
- Frontmatter
- The Knock-On Effect of Financial Supervision Law in Civil Liability Law
- How Much is Enough? Full Compensation and the Standardisation of Non-Pecuniary Damages
- Clinical Negligence in an Age of Machine Learning: res ipsa loquitur to the Rescue?
- Uncertain Causation, Loss of a Chance and Proportional Liability in Medical Malpractice Cases
- Vicarious Liability Restricted for Intentional Torts in English Law: Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB
- 24rd Annual Conference on European Tort Law (ACET)
