JXH v The Vicar, Parochial Church Council and Churchwardens of the Parish Church of Holcombe Rogus
[2023] EWHC 3221 (KB)
Trustees of the Barry Congregation of Jehovah's Witnesses v BXB
26 April 2023
[2023] UKSC 15
Supreme Court
A woman was raped by an elder in her Jehovah's Witness church. The lower courts said the church was responsible, but the Supreme Court disagreed. While the elder's job was closely tied to the church, the rape itself wasn't part of his church work, so the church isn't legally responsible.
Key Facts
- •Mrs. BXB was raped by Mark Sewell, an elder in the Barry Congregation of Jehovah's Witnesses.
- •Sewell's role involved congregational responsibilities, including pastoral care.
- •Mrs. BXB and her husband had a close relationship with Sewell and his family, fostered by Sewell's position within the congregation.
- •Mrs. BXB alleged vicarious liability against the Watch Tower and Bible Tract Society of Pennsylvania and the Trustees of the Barry Congregation.
- •Chamberlain J found the defendants vicariously liable for the rape.
- •The Court of Appeal upheld Chamberlain J's decision.
- •The Supreme Court heard the appeal.
Legal Principles
Vicarious liability requires a two-stage inquiry: (1) the relationship between the defendant and the tortfeasor; and (2) the connection between the relationship and the tort.
Various Supreme Court cases, particularly *Barclays Bank* and *Morrison*
Stage 1: The relationship must be one of employment or akin to employment. The 'akin to employment' test requires careful consideration of relationship features similar to or different from a contract of employment. The distinction between employees and independent contractors remains crucial.
*Barclays Bank*, *Christian Brothers*, *Cox*, *Armes*
Stage 2: The 'close connection' test assesses whether the wrongful conduct was so closely connected to authorized acts that it can fairly be regarded as done in the course of employment or quasi-employment. Mere causal connection is insufficient; the wrongful act must be sufficiently connected to the assigned activities.
*Dubai Aluminium*, *Lister*, *Morrison*
Outcomes
The Supreme Court allowed the appeal.
The Supreme Court found that neither stage of the vicarious liability inquiry was satisfied. The relationship between the Jehovah's Witness organization and Sewell was akin to employment (Stage 1). However, the rape was not sufficiently closely connected to Sewell's authorized activities as an elder (Stage 2). The rape occurred outside the scope of his duties, was not an abuse of his authority as an elder, and was primarily driven by a personal vendetta.