Hawley v Luminar Leisure Plc & Ors [2005] EWHC 5 (QB) (10 January 2005)

Hawley v Luminar Leisure Plc & Ors [2005] EWHC 5 (QB) (10 January 2005)

Luminar exercised sufficient control over the door stewards supplied by ASE to be deemed their temporary employer for vicarious liability purposes. The insurance policy's 'accidental bodily injury' clause is construed from the perspective of the assured (ASE), not the perpetrator, so the liability is covered by the policy.

Citation
[2005] EWHC 5 (QB)
Parties
Claimant: David Philip Hawley; 1st Defendant: Luminar Leisure PLC; 2nd Defendant: ASE Security Services Ltd; 3rd Defendant: David Preston Mann (as nominated underwriter for Faraday Underwriting Ltd)
Jurisdiction
England and Wales
Judgment Date
10 January 2005
Procedural Posture
Tort/personal Injury – Liability Only / High Court Judgment on Liability
Outcome
Judgment for the claimant on liability.
Legal Topics
Vicarious Liability, Employer Employee Relationship, Public Liability Insurance, Intentional Torts, Indemnity, Third Parties (rights Against Insurers) Act 1930
Tort Law Employment Law Insurance Law Vicarious Liability Employer Employee Relationship Public Liability Insurance Intentional Torts Indemnity +1 more

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Parties

David Philip Hawley

Claimant

Luminar Leisure PLC

1st Defendant

ASE Security Services Ltd

2nd Defendant

David Preston Mann (as nominated underwriter for Faraday Underwriting Ltd)

3rd Defendant

Procedural Posture

Tort/personal Injury – Liability Only / High Court Judgment on Liability

Legal Issues

  1. 1 Whether Luminar Leisure PLC was vicariously liable for the assault committed by ASE's employee, Mr Warren, on the claimant.
  2. 2 Whether ASE's liability to the claimant is covered as 'accidental bodily injury' under the public liability insurance policy with the third defendant.

Ratio Decidendi

Luminar exercised sufficient control over the door stewards supplied by ASE to be deemed their temporary employer for vicarious liability purposes. The insurance policy's 'accidental bodily injury' clause is construed from the perspective of the assured (ASE), not the perpetrator, so the liability is covered by the policy.

Court Disposition

Judgment for the claimant on liability.

Orders

  • Luminar Leisure PLC is vicariously liable for the assault committed by Mr Warren on the claimant.
  • ASE Security Services Ltd is liable to indemnify Luminar Leisure PLC under the contract.