JD Wetherspoon Plc v Stephenus Bernadus Burger

JD Wetherspoon Plc v Stephenus Bernadus Burger

JDW was not vicariously liable for the torts of Risk Solutions’ employees as the relationship was that of a true independent contractor, not akin to employment. The award for future private medical treatment was properly supported by evidence and remains undisturbed.

Parties
Appellant: J D Wetherspoon Plc; Respondent: Stephenus Bernadus Burger; First Defendant: Risk Solutions BG Ltd.
Jurisdiction
England and Wales
Judgment Date
21 May 2025
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Vicarious Liability, Personal Injury, Independent Contractor Liability, Damages Assessment
Tort Contract Vicarious Liability Personal Injury Independent Contractor Liability Damages Assessment

Case Brief

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Parties

J D Wetherspoon Plc

Appellant

Stephenus Bernadus Burger

Respondent

Risk Solutions BG Ltd.

First Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether JDW was vicariously liable for torts committed by door supervisors employed by an independent contractor
  2. 2 Whether damages for future private medical treatment were properly awarded

Ratio Decidendi

JDW was not vicariously liable for the torts of Risk Solutions’ employees as the relationship was that of a true independent contractor, not akin to employment. The award for future private medical treatment was properly supported by evidence and remains undisturbed.

Court Disposition

appeal allowed in part

Orders

  • Recorder’s finding of vicarious liability set aside
  • Award for future private medical treatment upheld