The claimant had been refused entry to the nightclub and in a temper he had kicked the door and damaged glass in it. Employees of the defendants’ nightclub, two employed as doormen, pursued the group of whom the claimant was one, to a public car park nearby and seriously assaulted the claimant.
Held: ‘. . the conduct of the assailants was a reaction to the damage to the door. There is no evidence that it related to some private quarrel or incident which occurred subsequently to and unrelated to the performance of the employee’s duty . . The evidence of the plaintiff to which I have referred, makes it plain that they wished to teach a lesson to the person who had caused that damage. That was the sole purpose of the attack. It was, of course, an unlawful and unauthorised manner of carrying out the duty to which I have referred, but I have no doubt that such is what it was. They were not pursuing their own purpose.’ and, as to responsibility in negligence for the doormen,’. . it is part of the duty of a manager of such an establishment to exercise proper control over such men to prevent, so far as he reasonably can, unwarranted assaults on customers. Moreover, as Mr. Coleman was inclined to accept, it is reasonably foreseeable that, if he fails in that duty, a person who was offered some provocation may be assaulted and injured.’
Stuart-Smith LJ
[1996] PIQR 373
England and Wales
Cited by:
Cited – Brown v Robinson and Sentry PC 14-Dec-2004
(Jamaica) The deceased claimant had been shot by a sentry employed by the respondent company. His estate appealed a finding that the sentry was not acting in the course of his employment.
Held: Older authorities had now been replaced by recent . .
Cited – 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 . .
These lists may be incomplete.
Updated: 09 June 2021; Ref: scu.214876