Hawley v Luminar Leisure Ltd & Ors [2006] EWCA Civ 18 (24 January 2006)

Hawley v Luminar Leisure Ltd & Ors [2006] EWCA Civ 18 (24 January 2006)

Luminar exercised sufficient control over the actions and methods of ASE's doormen, including Mr Warren, such that they were deemed temporary employers and thus vicariously liable for Mr Warren's tortious act. The court also held that dual vicarious liability is possible in law, but on the facts, Luminar bore the liability. The injury to Mr Hawley was 'accidental bodily injury' within the meaning of the insurance policy, even though the act was deliberate, thus triggering the insurer's liability.

Citation
[2006] EWCA Civ 18
Parties
Respondent/claimant: David Philip Hawley; 1st Defendants/appellants: Luminar Leisure Limited; 2nd Defendant: ASE Security Services Limited; 3rd Defendant/appellant: David Preston Mann (as nominated underwriter for Faraday Underwriting Limited)
Jurisdiction
England and Wales
Judgment Date
24 January 2006
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed; High Court judgment affirmed.
Legal Topics
Vicarious Liability, Employer's Liability, Dual Vicarious Liability, Contribution Between Tortfeasors, Interpretation of Insurance Policies, Default Judgment, Third Parties (rights Against Insurers) Act 1930
Tort Law Insurance Law Employment Law Vicarious Liability Employer's Liability Dual Vicarious Liability Contribution Between Tortfeasors Interpretation of Insurance Policies +2 more

Case Brief

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Parties

David Philip Hawley

Respondent/claimant

Luminar Leisure Limited

1st Defendants/appellants

ASE Security Services Limited

2nd Defendant

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

3rd Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Luminar Leisure Limited was vicariously liable as a temporary deemed employer for the tortious act of Mr Warren.
  2. 2 Whether dual vicarious liability could attach to both Luminar and ASE for Mr Warren's actions.
  3. 3 Whether ASE's contribution to Luminar should be assessed at nil under the Civil Liability (Contribution) Act 1978.

Ratio Decidendi

Luminar exercised sufficient control over the actions and methods of ASE's doormen, including Mr Warren, such that they were deemed temporary employers and thus vicariously liable for Mr Warren's tortious act. The court also held that dual vicarious liability is possible in law, but on the facts, Luminar bore the liability. The injury to Mr Hawley was 'accidental bodily injury' within the meaning of the insurance policy, even though the act was deliberate, thus triggering the insurer's liability.

Court Disposition

Appeal dismissed; High Court judgment affirmed.

Orders

  • Luminar Leisure Limited held vicariously liable for Mr Warren's tortious act against Mr Hawley.
  • Declaration granted that the insurers are liable to indemnify ASE and to pay Mr Hawley any damages and costs awarded against ASE under the policy.