Hawley v Luminar Leisure Ltd & Ors

Hawley v Luminar Leisure Ltd & Ors

Luminar Leisure Limited was vicariously liable for Mr Warren's tortious act as they exercised sufficient control to be deemed his temporary employer. Dual vicarious liability was not appropriate on the facts, as control had effectively transferred from ASE to Luminar. ASE's contribution was properly assessed at nil, as their negligence was remote and not causative of the injury. The default judgment against ASE stands, as no proper application to set it aside was made and the trial proceeded on that basis. The insurance policy covered ASE's liability, as the injury was 'accidental' from ASE's perspective, not Mr Warren's.

Parties
Claimant/respondent: David Philip Hawley; 1st Defendant/appellant: 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 / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeals dismissed
Legal Topics
Vicarious Liability, Employer's Liability, Interpretation of Insurance Contracts, Contribution Between Tortfeasors, Default Judgment, Dual Vicarious Liability
Tort Law Insurance Law Employment Law Vicarious Liability Employer's Liability Interpretation of Insurance Contracts Contribution Between Tortfeasors Default Judgment +1 more

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Parties

David Philip Hawley

Claimant/respondent

Luminar Leisure Limited

1st Defendant/appellant

ASE Security Services Limited

2nd Defendant

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

3rd Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

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 ASE and Luminar
  3. 3 Whether ASE's contribution to Luminar should be assessed at nil under the Civil Liability (Contribution) Act 1978

Ratio Decidendi

Luminar Leisure Limited was vicariously liable for Mr Warren's tortious act as they exercised sufficient control to be deemed his temporary employer. Dual vicarious liability was not appropriate on the facts, as control had effectively transferred from ASE to Luminar. ASE's contribution was properly assessed at nil, as their negligence was remote and not causative of the injury. The default judgment against ASE stands, as no proper application to set it aside was made and the trial proceeded on that basis. The insurance policy covered ASE's liability, as the injury was 'accidental' from ASE's perspective, not Mr Warren's.

Court Disposition

Appeals dismissed

Orders

  • Judgment for the claimant against Luminar Leisure Limited for damages and costs
  • Declaration that the insurers are liable to indemnify ASE for damages and costs awarded to the claimant against ASE and to pay the claimant pursuant to section 1(1) of the Third Parties (Rights Against Insurers) Act 1930