The court was asked whether the Respondent supermarket was vicariously liable for an assault committed by an employee upon the Appellant. The claimant had been assaulted and injured by the respondent’s employee whilst at a service station. He now appealed against dismissal of his claim against the company at the County Court. Of Somali descent he was leaving the petrol station kiosk. He was racially abused and attacked. The employee was being told to return to the kiosk by his manager. The judge had held that given the manager’s attempts, it could not be just and equitable to hold the company responsible.
Held:
Arden, Treacy, Christopher Clarke LJJ
[2014] EWCA Civ 116, [2014] WLR(D) 68, [2014] ICR D19
Bailii, WLRD
England and Wales
Cited by:
At CA – Mohamud v WM Morrison Supermarkets plc SC 2-Mar-2016
The claimant had been assaulted and racially abused as he left a kiosk at the respondent’s petrol station by a member of staff. A manager had tried to dissuade the assailant, and the claim for damages against the supermarket had failed at first . .
Lists of cited by and citing cases may be incomplete.
Vicarious Liability
Updated: 29 November 2021; Ref: scu.521211