Darwish v Egyptair Ltd.

Darwish v Egyptair Ltd.

The judge found that Mr Nabih's words, though inappropriate, were not intended to cause Mr Darwish to apprehend immediate violence, nor did Mr Darwish actually apprehend an attack at the time. Therefore, the elements of assault were not established and the claim fails.

Parties
Claimant: Alaa-Eldin Darwish; Defendant: Egyptair Limited
Jurisdiction
England and Wales
Judgment Date
16 June 2006
Procedural Posture
Civil / Trial on Liability Only (excluding Causation and Quantum)
Outcome
Claim dismissed
Legal Topics
Assault, Personal Injury, Workplace Conduct
Tort Law Employment Law Assault Personal Injury Workplace Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Alaa-Eldin Darwish

Claimant

Egyptair Limited

Defendant

Procedural Posture

Civil / Trial on Liability Only (excluding Causation and Quantum)

Legal Issues

  1. 1 Whether the words and conduct of Mr Nabih on 23 January 2002 amounted to an assault on Mr Darwish

Ratio Decidendi

The judge found that Mr Nabih's words, though inappropriate, were not intended to cause Mr Darwish to apprehend immediate violence, nor did Mr Darwish actually apprehend an attack at the time. Therefore, the elements of assault were not established and the claim fails.

Court Disposition

Claim dismissed