Cercato-Gouveia v Kyprianou & Anor [2001] EWCA Civ 1887 (30 November 2001)

Cercato-Gouveia v Kyprianou & Anor [2001] EWCA Civ 1887 (30 November 2001)

The claimant's pleaded case disclosed a real prospect of establishing that the assault was sufficiently closely connected to the manager's employment duties (including discipline and dismissal) to make the employer vicariously liable; therefore, summary judgment should not have been granted and the claim should proceed to trial.

Citation
[2001] EWCA Civ 1887
Parties
Claimant/appellant: Alberto Filipe Cercato-Gouveia; Defendant/respondent: Ermis Kyprianou; Defendant/respondent: The Heybridge Hotel Limited
Jurisdiction
England and Wales
Judgment Date
30 November 2001
Procedural Posture
Civil Appeal / Appeal From County Court Decision to the Court of Appeal
Outcome
Appeal allowed
Legal Topics
Vicarious Liability, Summary Judgment, Employer's Liability, Assault in Employment, Wrongful Dismissal
Employment Law Tort Law Vicarious Liability Summary Judgment Employer's Liability Assault in Employment Wrongful Dismissal

Case Brief

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Parties

Alberto Filipe Cercato-Gouveia

Claimant/appellant

Ermis Kyprianou

Defendant/respondent

The Heybridge Hotel Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Decision to the Court of Appeal

Legal Issues

  1. 1 Whether the employer is vicariously liable for an assault committed by an employee during the course of employment
  2. 2 Whether summary judgment was appropriate on the vicarious liability claim

Ratio Decidendi

The claimant's pleaded case disclosed a real prospect of establishing that the assault was sufficiently closely connected to the manager's employment duties (including discipline and dismissal) to make the employer vicariously liable; therefore, summary judgment should not have been granted and the claim should proceed to trial.

Court Disposition

Appeal allowed

Orders

  • Order of the judge below set aside
  • Order of the district judge restored