Weddall v Barchester Healthcare Ltd (Company No.02792285) [2012] EWCA Civ 25 (24 January 2012)

Weddall v Barchester Healthcare Ltd (Company No.02792285) [2012] EWCA Civ 25 (24 January 2012)

In Weddall, the violent act was an independent, personal venture unconnected to the employee's duties or risks inherent in the employment, so the employer was not vicariously liable. In Wallbank, the violent act was a spontaneous response to a lawful instruction given in the course of employment, closely connected in time, place, and causation to the employee's duties, so the employer was vicariously liable.

Citation
[2012] EWCA Civ 25
Parties
First Appellant: Richard Weddall; First Respondent: Barchester Healthcare Limited; Second Appellant: Wallbank; Second Respondent: Wallbank Fox Designs Limited
Jurisdiction
England and Wales
Judgment Date
24 January 2012
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal in Weddall dismissed; appeal in Wallbank allowed.
Legal Topics
Vicarious Liability, Employer's Liability, Intentional Torts, Assault in Employment, Course of Employment
Tort Law Employment Law Vicarious Liability Employer's Liability Intentional Torts Assault in Employment Course of Employment

Case Brief

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Parties

Richard Weddall

First Appellant

Barchester Healthcare Limited

First Respondent

Wallbank

Second Appellant

Wallbank Fox Designs Limited

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the employer is vicariously liable for violent acts committed by one employee against another in the course of employment.
  2. 2 What constitutes 'in the course of employment' for the purposes of vicarious liability in cases of intentional torts by employees.

Ratio Decidendi

In Weddall, the violent act was an independent, personal venture unconnected to the employee's duties or risks inherent in the employment, so the employer was not vicariously liable. In Wallbank, the violent act was a spontaneous response to a lawful instruction given in the course of employment, closely connected in time, place, and causation to the employee's duties, so the employer was vicariously liable.

Court Disposition

Appeal in Weddall dismissed; appeal in Wallbank allowed.

Orders

  • Damages in Wallbank to be assessed in the County Court.