Warren -v- Henlys Ltd; 1948

A garage attendant, as an act of personal vengeance, assaulted a customer of the garage. A customer at a petrol station was abused by the attendant as he drove off without paying. The customer then paid, called the police and then threatened to report the attendant to his employers. At that point the attendant physically assaulted the customer, who now sued the employer.
Held: The employers were not liable. The act of assault was one of personal revenge, and was outside the scope of his employment.

Date: 01-Jan-1948
Judges: Hilbery J
References: [1948] 2 All ER 935,
Cited By:
  • Lister and Others -v- Hesley Hall Ltd, HL, Cited, (Times 10-May-01, Gazette 14-Jun-01, Bailii, House of Lords, [2001] UKHL 22, [2002] 1 AC 215, [2001] 2 All ER 769, [2001] 2 FCR 97, (2001) 3 LGLR 49, [2001] NPC 89, [2001] Fam Law 595, [2001] 2 WLR 1311, [2001] IRLR 472, [2001] ICR 665, [2001] Emp LR 819, [2001] 2 FLR 307, [2001] ELR 422)
  • Mattis -v- Pollock (T/A Flamingo's Nightclub), QBD, Cited, (Bailii, [2002] EWHC 2177 (QB), [2003] 1 WLR 2158, [2004] 4 All ER 85, [2003] All ER (D) 10, [2004] PIQR P3, [2003] IRLR 603, [2003] ICR 1335)

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