Parmer v Big Security Company Ltd & Ors
The defendant's employee, Mr Colby, unlawfully pushed the claimant, causing his injury. The defence of self-defence was not established on the balance of probabilities. However, the claimant's own prior violent conduct towards a doorman constituted contributory negligence, justifying a reduction of damages by 30%.
- Parties
- Claimant: Parmer; Defendant: Big Security Company Limited & Others
- Jurisdiction
- England and Wales
- Judgment Date
- 18 April 2008
- Procedural Posture
- Civil / Judgment After Trial
- Outcome
- Claim allowed in part; damages awarded with reduction for contributory negligence.
- Legal Topics
- Assault and Battery, Self Defence, Contributory Negligence, Damages
Case Brief
Summary, issues, holding and outcome
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Parties
Parmer
Claimant
Big Security Company Limited & Others
Defendant
Procedural Posture
Civil / Judgment After Trial
Legal Issues
- 1 Whether the claimant was unlawfully assaulted and battered by the defendant's employee
- 2 Whether the defence of self-defence was available to the defendant
- 3 Whether the claimant was contributorily negligent and to what extent
Ratio Decidendi
The defendant's employee, Mr Colby, unlawfully pushed the claimant, causing his injury. The defence of self-defence was not established on the balance of probabilities. However, the claimant's own prior violent conduct towards a doorman constituted contributory negligence, justifying a reduction of damages by 30%.
Court Disposition
Claim allowed in part; damages awarded with reduction for contributory negligence.
Orders
- Judgment for the claimant for £24,500, being 70% of agreed damages after a 30% reduction for contributory negligence.
Full Case Text
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