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 Leisure PLC exercised such a degree of control over the door staff supplied by ASE that, for the purposes of vicarious liability, the staff were temporary deemed employees of Luminar. Therefore, Luminar is vicariously liable for Mr Warren's assault on the claimant. The liability attaching to ASE is covered as 'accidental bodily injury' under the insurance policy, as the relevant perspective is that of the assured (ASE), for whom the injury was sudden, unforeseen, fortuitous, and identifiable.

Citation
[2005] EWHC 5
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 / Judgment on Liability After Trial
Outcome
Liability established against Luminar Leisure PLC and ASE Security Services Ltd; declaration granted against the third defendant (insurer).
Legal Topics
Vicarious Liability, Employer Employee Relationship, Public Liability Insurance, Intentional Torts, Third Parties (rights Against Insurers) Act 1930
Tort Law Employment Law Insurance Law Vicarious Liability Employer Employee Relationship Public Liability Insurance Intentional Torts Third Parties (rights Against Insurers) Act 1930

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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 / Judgment on Liability After Trial

Legal Issues

  1. 1 Whether Luminar Leisure PLC was vicariously liable for the assault committed by Mr Warren, an employee of ASE Security Services Ltd, on the claimant.
  2. 2 Whether the liability attaching to ASE Security Services Ltd is covered as 'accidental bodily injury' under the insurance policy with Faraday Underwriting Ltd.

Ratio Decidendi

Luminar Leisure PLC exercised such a degree of control over the door staff supplied by ASE that, for the purposes of vicarious liability, the staff were temporary deemed employees of Luminar. Therefore, Luminar is vicariously liable for Mr Warren's assault on the claimant. The liability attaching to ASE is covered as 'accidental bodily injury' under the insurance policy, as the relevant perspective is that of the assured (ASE), for whom the injury was sudden, unforeseen, fortuitous, and identifiable.

Court Disposition

Liability established against Luminar Leisure PLC and ASE Security Services Ltd; declaration granted against the third defendant (insurer).

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.