The claimant was assaulted and severely injured at a night club by a doorman supplied to the club by a third party company now in liquidation. He claimed the club was the ‘temporary deemed employer’ of the doorman. He also sought to claim under the insurance policy of the security company for an ‘accidental bodily injury’.
Held: Viasystems had decided that dual responsibility was sometimes possible, but this case was not such: ‘it would not be appropriate to attribute vicarious liability to both ASE and Luminar. In this case, there has been effectively and substantially a transfer of control and responsibility from ASE to Luminar.’ Liability under a policy has to be viewed from the perspective of the insured. The appeals were dismissed, and the club were responsible.
Latham, Neuberger, Hallett LJJ
[2006] EWCA Civ 18, [2006] IRLR 817, [2006] PIQR P17, [2006] Lloyd’s Rep IR 307
Bailii
Civil Liability (Contribution Act) 1978 81(1)
England and Wales
Citing:
Cited – Mersey Docks and Harbour Board v Coggins and Griffith (Liverpool) Ltd HL 1946
Employers Liability for Worker’s Negligence
A worker was injured by a negligently driven crane. The crane and Board’s driver were hired out to stevedores for loading work. The stevedores controlled the crane’s operations, but did not direct how the driver controlled the crane. The hire . .
Cited – Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd and others CA 10-Oct-2005
The defendants had subcontracted work installing air conditioning to the second defendants, who in turn bought in fitters from the third defendants. A fitter caused a flood acting irresponsibly.
Held: The court reviewed the law of vicarious . .
Cited – Dubai Aluminium Company Limited v Salaam and Others HL 5-Dec-2002
Partners Liable for Dishonest Act of Solicitor
A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners.
Held: The acts complained of were so close to . .
Cited – Gray v Barr CA 1971
A husband had accidentally shot and killed his wife’s lover after threatening him with a shotgun.
Held: The court confirmed the decision at first instance. He was not liable to be indemnified by his insurers for the losses claimed against him . .
Cited – Dhak v Insurance Company of North America (Uk) Ltd CA 8-Feb-1996
A death which occurred after inhaling vomit whilst drunk is not a ‘bodily injury; and there was no liability under the relative insurance policy. . .
Cited – Churchill Insurance v Charlton CA 2-Feb-2001
The victim of an unlawful act of a driver off-road sought damages from another driver and his insurers. The insurers refused to pay.
Held: There is a balance to be found between the statutory purpose of compulsory motor insurance and the . .
Cited – Trim Joint District School Board of Management v Kelly HL 1914
Viscount Haldane LC said: ‘the construction of the Act ought to be more liberal as regards the claims of the workman than would be the case if the Act were construed with the closeness which distinguishes the construction of words in a contract such . .
Appeal from – Hawley v Luminar Leisure Plc and Others QBD 10-Jan-2005
The claimant had been assaulted by a doorman at a club operated by the defendants. The doorman was supplied by a security company, which was now in liquidation. The insolvent company’s insurers had declined indemnity. . .
Cited by:
See Also – Hawley v Luminar Leisure Plc Ase Security Services Limited, Mann CA 1-Feb-2006
The defendant had made a part 36 offer of settlement. The claimant did not accept it, but then tried to accept it after the trial had begun.
Held: The risks of litigation were such that situations would often alter when a case came on for . .
Cited – Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese Gmbh and others CA 12-Nov-2008
The defendant contracted to build a plant for the claimant. The plant was damaged by a fire caused by the defendant’s independent sub-contractor. The defendant appealed against the finding that it was responsible for the sub-contractor’s failure. . .
Cited – JGE v The Portsmouth Roman Catholic Diocesan Trust CA 12-Jul-2012
The claimant suffered physical and serious sexual abuse whilst a child at a children’s home run by the defendant. A parish priest committed some of the abuse, and she claimed that the defendants were vicariously liable. They denied such liability. . .
Cited – The Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others SC 21-Nov-2012
Law of vicarious liability is on the move
Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found . .
Lists of cited by and citing cases may be incomplete.
Vicarious Liability
Updated: 11 November 2021; Ref: scu.237856
