Source: All England Reporter
Publisher Citation: [2002] All ER (D) 373 (Oct)
Neutral Citation: [2002] EWHC 2177 (QB)
Court: Queen's Bench Division

Judge Richard Seymour QC sitting as a judge of the High Court

Representation Paul Rose QC and Timothy Meakin (instructed by Leigh, Day & Co) for the claimant.
  Benjamin Browne QC and Roger Harris (instructed by Davies Lavery) for the defendant.
Judgment Dates: 24 October 2002


Negligence - Duty of care - Employer - Duty of care in respect of acts of employee.

The Case

Where an employee of the defendant attacked the claimant, and that attack was motivated by a desire for revenge, it was held that in the circumstances there was not a sufficiently close connection between the employment of C by the defendant and the assault on the claimant for it to be fair, just and reasonable for the defendant to be vicariously liable to the claimant for the consequences of that attack. Further, the principle that the law limited liability to those consequences which were attributable to that which made the act wrongful was not confined to cases in which the question was the scope of a duty of care not to cause economic loss. It did not, however, extend to consequences flowing from the inability of C to restrain himself from seeking revenge for an incident which occurred during his employment, which revenge was sought when he was not acting in the course of his employment.

Practice Areas

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