GB v Stoke City Football Club Ltd & Anor

GB v Stoke City Football Club Ltd & Anor

The claimant failed to discharge the burden of proof that the alleged assaults occurred as described. The evidence was inconsistent, unreliable, and not corroborated by credible witnesses or contemporaneous records. Even if the assaults had been proved, the club would not have been vicariously liable as the acts...

Source-derived case information.

Parties
Claimant: G B; First Defendant: Stoke City Football Club Limited; Second Defendant: Peter David Fox
Jurisdiction
England and Wales
Judgment Date
30 October 2015
Procedural Posture
Civil Tort (assault by Battery) / Final Judgment After Substantive Trial
Outcome
Claim dismissed
Legal Topics
Trespass to the Person, Assault by Battery, Vicarious Liability, Limitation of Actions, Burden and Standard of Proof
Tort Law Employment Law Trespass to the Person Assault by Battery Vicarious Liability Limitation of Actions Burden and Standard of Proof

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Summary, issues, holding and outcome

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Parties

G B

Claimant

Stoke City Football Club Limited

First Defendant

Peter David Fox

Second Defendant

Procedural Posture

Civil Tort (assault by Battery) / Final Judgment After Substantive Trial

Legal Issues

  1. 1 Did the second defendant assault the claimant as alleged on either or both occasions?
  2. 2 Is the first defendant vicariously liable for any such assault?
  3. 3 Did the claimant suffer injury or loss as a result of the alleged assaults?

Ratio Decidendi

The claimant failed to discharge the burden of proof that the alleged assaults occurred as described. The evidence was inconsistent, unreliable, and not corroborated by credible witnesses or contemporaneous records. Even if the assaults had been proved, the club would not have been vicariously liable as the acts were not closely connected with the second defendant’s employment or any authority conferred by the club.

Court Disposition

Claim dismissed

Orders

  • Claim against both defendants dismissed
  • Costs awarded to both defendants against the claimant, to be assessed if not agreed