Trustees of the Barry Congregation of Jehovah's Witnesses v BXB
[2023] UKSC 15
JXH v The Vicar, Parochial Church Council and Churchwardens of the Parish Church of Holcombe Rogus
15 December 2023
[2023] EWHC 3221 (KB)
High Court
A vicar sexually assaulted someone. The victim sued the church council, saying they should be responsible. The judge said no, because the assaults happened outside of the vicar's normal church duties, even though his job made the assaults possible. The church council wasn't involved in the vicar's private actions.
Key Facts
- •JXH (Claimant) suffered two sexual assaults in 1979-1981 by Reverend Vickery House.
- •House was the vicar of Holcombe Rogus Parish during the assaults.
- •The assaults occurred at House's Hittisleigh House and a public swimming pool.
- •JXH claims damages against the Vicar, Parochial Church Council, and Churchwardens of Holcombe Rogus (Defendants), based on vicarious liability.
- •Agreed damages are £12,000; the central issue is vicarious liability.
- •House facilitated a quasi-monastic community in the Parish involving JXH and others.
- •The community was known to some within the parish but not formally authorized by the PCC.
Legal Principles
Vicarious liability requires a two-stage test: (1) a relationship of employment or akin to employment between the defendant and tortfeasor; and (2) a close connection between the wrongful conduct and the tortfeasor's authorised acts.
Trustees of the Barry Congregation of Jehovah's Witnesses v BXB [2023] UKSC 15
The 'close connection' test requires considering the link between wrongful conduct and authorized activities; mere 'but for' causation is insufficient.
BXB
The tortfeasor's subjective motivation is relevant but not determinative; a desire for personal gratification does not automatically negate vicarious liability, particularly in child sexual abuse cases.
BXB and Morrisons
In determining vicarious liability, the court must holistically consider all facts and whether the outcome aligns with the policy of enterprise liability, where the quasi-employer should bear the cost of harm caused by those integrated into its organisation.
BXB
The Church of England's structure is defined by statute, with distinct roles for the vicar and PCC.
Parochial Church Councils (Powers) Measure 1956
Outcomes
Claim dismissed.
The court found insufficiently close connection between House's wrongful conduct and his authorised activities as Vicar of the Parish. The assaults occurred outside the parish, were not part of parish activities, and House was acting as director of a separate, unauthorized community rather than in his official capacity. The 'but for' causation test was satisfied, but not the 'close connection' test.