Gravil v Carroll & Anor [2008] EWCA Civ 689 (18 June 2008)

Gravil v Carroll & Anor [2008] EWCA Civ 689 (18 June 2008)

The assault was so closely connected with the employment as a rugby player that it is fair and just to hold the club vicariously liable; the punch occurred during a melée that was an ordinary incident of the game and thus of the employment, and the contract expressly contemplated such risks and liability.

Citation
[2008] EWCA Civ 689
Parties
Claimant/appellant: Andrew Gravil; First Defendant: Richard Carroll; Second Defendant/respondent: Redruth Rugby Football Club
Jurisdiction
England and Wales
Judgment Date
18 June 2008
Procedural Posture
Civil Appeal / Court of Appeal (civil Division) on Second Appeal From Queen's Bench Division
Outcome
Appeal allowed
Legal Topics
Vicarious Liability, Battery, Employer's Liability, Intentional Torts, Sports Injuries
Tort Law Employment Law Sports Law Vicarious Liability Battery Employer's Liability Intentional Torts Sports Injuries

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Andrew Gravil

Claimant/appellant

Richard Carroll

First Defendant

Redruth Rugby Football Club

Second Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal (civil Division) on Second Appeal From Queen's Bench Division

Legal Issues

  1. 1 Whether Redruth Rugby Football Club is vicariously liable for the tortious assault committed by its employee, Richard Carroll, during a rugby match.

Ratio Decidendi

The assault was so closely connected with the employment as a rugby player that it is fair and just to hold the club vicariously liable; the punch occurred during a melée that was an ordinary incident of the game and thus of the employment, and the contract expressly contemplated such risks and liability.

Court Disposition

Appeal allowed

Orders

  • Redruth Rugby Football Club held vicariously liable for the assault committed by Richard Carroll.
  • Judgment for the claimant against the club for damages assessed at £8,500.