A v The Trustees of the Watchtower Bible and Tract Society (First Defendants) The Trustees of the Loughborough Blackbrook Congregation of Jehovah's Witnesses (Second Defendants) The Trustees of the Loughborough Southwood Congregation of Jehovah's Witnesses (Third Defendants)
| Jurisdiction | England & Wales |
| Judge | Mr Justice Globe |
| Judgment Date | 19 June 2015 |
| Neutral Citation | [2015] EWHC 1722 (QB) |
| Docket Number | Case no: HQ13X01985 |
| Court | Queen's Bench Division |
| Date | 19 June 2015 |
[2015] EWHC 1722 (QB)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
The Honourable Mr Justice Globe
Case no: HQ13X01985
James Counsell and Benjamin Bradley (instructed by KathleenHallisey AO Advocates) for the Claimant
Adam Weitzman and Jasmine Murphy (instructed by Richard Cook, Legal Department, Watch Tower) for all Defendants
Hearing dates: 3–16 February 2015
Approved Judgment
Anonymity
On 3 February 2015, although the trial was held in public, the following anonymity order was made.
"No party or non-party shall report or disclose the name, address or any other information which might tend to lead to the identification of any person who was a child or young person at the time of the events which form the subject matter of this claim and who was alleged to have been sexually abused by Peter Stewart without first applying to the judge to vary this order."
The order was made to protect the interests of those concerned in view of the nature of the allegations that were being made in the case. The order is continued pursuant to CPR 39.2(4). The judgment accordingly has been anonymised. The order will cease to apply in relation to anyone who notifies the court in writing that they are content for their names to be identified. In addition, there will be liberty to apply to enable any interested party to challenge the order for anonymity, on notice to the parties' solicitors, so that they can notify those whose rights may be affected by any disclosure of their identity.
Introduction
The claimant, who is now 29 years of age, claims damages for personal injury and loss arising out of being sexually assaulted by Peter Stewart, now deceased, between 1989 and 1994, when she was between about the ages of 4 and 9. Quantum has been agreed subject to liability.
The first defendants are the over-arching body of the second and third defendants. It is common ground that, if the second and/or third defendants are liable, then the first defendants will satisfy the judgment on behalf of the other defendants. The Blackbrook and Southwood Jehovah's Witness Congregations are the direct or indirect successors of the congregation that was originally known as the Loughborough Limehurst Jehovah's Witness Congregation, then split into two congregations known as the Limehurst Jehovah's Witness Congregation and the Garendon Park Jehovah's Witness Congregation, which congregations are central to the factual matrix of the case.
The claimant's case has been presented in two ways.
First, it is claimed that the defendants are vicariously liable for the sexual assaults committed by Peter Stewart when he was or had been a Jehovah's Witness ministerial servant ("the assault claim"). The primary limitation period expired on 4 September 2006 (i.e. three years after the claimant attained the age of 18). The action was commenced in March 2013. The claimant seeks an order for the disapplication of the limitation period under section 33 of the Limitation Act 1980 ("the Act").
Secondly, it is claimed that the defendants are vicariously liable for the actions of the Limehurst Elders who, in 1990, negligently failed to take reasonable steps to protect the claimant from Peter Stewart once they knew he had sexually assaulted AM, another child in the congregation ("the safeguarding claim"). The claimant contends that the "the safeguarding claim" has been brought within the primary limitation period pursuant to sections 11 and 14 of the Act on the basis that the claimant did not have the requisite knowledge to bring "the safeguarding claim" until the defendants' witness statements were received in March 2014. Alternatively, the claimant seeks an order for the disapplication of the limitation period under section 33 of the Act.
In accordance with the guidance given in B v Nugent Care Society [2009] EWCA Civ 827, [2010] 1 WLR 516, it was agreed between the parties that the correct approach was for the evidence to be heard before making decisions as to disapplication of the limitation period under s.33 of the Act. Having heard the evidence, I bear in mind the additional guidance (at paragraph 21 of the judgment of the court) that, in circumstances where I am determining a section 33 application along with the substantive issues in the case, I should take care not to determine the substantive issues, such as liability, before determining the issue of limitation and, in particular, the effect of delay on the cogency of the evidence. To do otherwise would be "to put the cart before the horse".
The issues to be determined and the order in which they are to be determined are therefore as follows:
• Limitation – section 14 "knowledge"
• Limitation – section 33 "disapplication"
• Vicarious liability – "the assault claim"
• Vicarious liability – "the safeguarding claim"
Before dealing with the issues, it is necessary to set out the factual matrix of the case in relation to the general structure and governance of Jehovah's Witnesses and the relevant history of what happened to the claimant. Save where specifically stated, the facts are agreed or not disputed.
The Structure and Governance of Jehovah's Witnesses
The organisational structure of Jehovah's Witnesses is modelled on first century Christianity as described in the bible. Jehovah's Witnesses rely on passages from the bible to set their policy and religious practices. This distinguishes them from other religious denominations who use the bible to shape thinking, guide behaviour and teach lessons, but do not use it directly to set policy and religious practices. As a result, written documents, including worldwide monthly Jehovah's Witness publications such as Watchtower and Awake!, that describe the policy and religious practices of Jehovah's Witnesses, often quote biblical references.
Worldwide Jehovah's Witnesses now comprise about 8 million people who live in many different countries. There is a hierarchical organisational structure. A Governing Body coordinates organisational arrangements and doctrinal matters ( Acts 15). The Governing Body supervises over 100 branch offices worldwide, each of which is supervised by a branch committee. One of the branch offices is the United Kingdom office based in London. The branch office has a branch committee. The committee oversees districts within the branch and assigns a district overseer to oversee each district. Within each district, there are about 12 circuits. A circuit overseer is assigned to oversee each circuit. Within each circuit, there are about 20 congregations. Within each congregation, there are elders, ministerial servants and members of the congregation.
Notwithstanding its hierarchical organisational structure, in accordance with the model of the early Christian communities as described in the bible, there is no hierarchical structure of setting apart a clergy class from the laity. All members are expected to teach and can lead bible study. Congregational responsibilities are split between "overseers and ministerial servants" ( Philippians 1:1). Overseers are also referred to as elders. Generally, there are a number of elders and ministerial servants in each congregation. Members of the congregation are called "publishers" and call each other "brother" and "sister" ( Matthew 23:8–12).
Elders are selected for appointment based on scriptural qualifications and will be mature spiritual men who have been baptised for many years, will be viewed as good examples in Christian living and previously will have served as ministerial servants ( 1 Timothy 3:1–7 and Titus 1:5–9). However, elders are not considered to be closer to God or superior persons ( Job 32:21,22). They do not adopt an elevating title, such as Father, Reverend or Pastor, or take a superior position with reference to other members because there is only one leader who is Christ ( Matthew 23:8–11). As such, they are not required to make any particular pledge or promise of obedience or loyalty to others within the governing structure of the organisation and there is therefore no relationship between an elder and a circuit overseer in the way that there is, for example, between a pastor and a bishop. They are not to be viewed as masters over others, but as fellow workers ( Romans 12:8; 1 Corinthians 3:5; 4:1–2) who are appointed to shepherd the congregation of God ( Acts 20:28). They therefore have no unique or advanced academic background and are volunteers of the congregation who are appointed to do the work of shepherding and overseeing spiritual matters ( Watchtower 1 October 1977). Their primary role is to guide and protect the congregation spiritually, including taking the lead in evangelising and presiding over all types of congregational meetings.
Ministerial servants are members of the congregation who are also selected for appointment based on scriptural qualifications which require them to be serious individuals who hold the secret of the faith with a clean conscience ( Timothy 3:8–12; 12:13). They provide voluntary practical assistance to the elders and service to the congregation. They care for organisational and physical tasks that must be handled in the congregation. Tasks include keeping the Kingdom Hall clean and tidy, arranging the platform and microphones as circumstances require, manning and controlling the sound system and microphones for the use of the congregation, organising and making available literature for the congregation, serving as...
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