Gravil v Carroll & Anor

The assault occurred in the course of Carroll's employment as a rugby player for the club, during a melée that was an ordinary incident of the game. The risk of such conduct is inherent in the employment, and the connection between the employment and the tort is sufficiently close that it is fair and just to hold the club vicariously liable.

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 Judgment
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 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1

Parties

Andrew Gravil

Claimant/appellant

Richard Carroll

First Defendant

Redruth Rugby Football Club

Second Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

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

Court Disposition

Appeal allowed

Orders

Redruth Rugby Football Club is held vicariously liable for the assault committed by Richard Carroll against Andrew Gravil.
Damages assessed at £8,500 are payable to the claimant.