Fennelly v Connex South Eastern Ltd. [2000] EWCA Civ 5568 (11 December 2000)

Fennelly v Connex South Eastern Ltd. [2000] EWCA Civ 5568 (11 December 2000)

The assault by the ticket inspector was so closely connected with his employment duties that it was not a personal frolic but an unauthorised mode of performing his authorised tasks; therefore, the employer is vicariously liable.

Citation
[2000] EWCA Civ 5568
Parties
Claimant: Patrick Fennelly; Respondent: Connex South Eastern Ltd
Jurisdiction
England and Wales
Judgment Date
11 December 2000
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed; judgment for claimant.
Legal Topics
Vicarious Liability, Assault by Employee, Course of Employment
Tort Law Employment Law Vicarious Liability Assault by Employee Course of Employment

Case Brief

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Parties

Patrick Fennelly

Claimant

Connex South Eastern Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the assault by the ticket inspector was committed in the course of his employment, making the employer vicariously liable.

Ratio Decidendi

The assault by the ticket inspector was so closely connected with his employment duties that it was not a personal frolic but an unauthorised mode of performing his authorised tasks; therefore, the employer is vicariously liable.

Court Disposition

Appeal allowed; judgment for claimant.

Orders

  • Judgment for claimant for an amount to be decided by the court.
  • Defendant to pay costs of appeal, including costs of application and permission to appeal.